Notice2022-08185
Certain Chocolate Milk Powder and Packaging Thereof; Notice of a Commission Determination Not To Review an Initial Determination Granting a Motion To Amend the Complainant and Notice of Investigation and To Review an Initial Determination Extending the Target Date
Primary source
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Published
April 18, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined not to review an initial determination ("ID") (Order No. 18) of the presiding chief administrative law judge ("CALJ"), granting complainant's motion to amend the complaint and notice of investigation. The Commission has also determined on its own initiative to review an ID (Order No. 20) extending the target date for completion of the investigation to June 21, 2022. On review, the Commission extends the target date to August 31, 2022.
Full Text
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<title>Federal Register, Volume 87 Issue 74 (Monday, April 18, 2022)</title>
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[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Pages 22940-22941]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08185]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1232]
Certain Chocolate Milk Powder and Packaging Thereof; Notice of a
Commission Determination Not To Review an Initial Determination
Granting a Motion To Amend the Complainant and Notice of Investigation
and To Review an Initial Determination Extending the Target Date
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined not to review an initial
determination (``ID'') (Order No. 18) of the presiding chief
administrative law judge (``CALJ''), granting complainant's motion to
amend the complaint and notice of investigation. The Commission has
also determined on its own initiative to review an ID (Order No. 20)
extending the target date for completion of the investigation to June
21, 2022. On review, the Commission extends the target date to August
31, 2022.
FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#2c6968657f1f6449405c6c595f45584f024b435a"><span class="__cf_email__" data-cfemail="1356575a40205b767f635366607a67703d747c65">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD
terminal, telephone (202) 205-1810.
SUPPLEMENTARY INFORMATION: On December 1, 2020, the Commission
instituted this investigation based on a complaint filed by Meenaxi
Enterprise Inc. of Edison, New Jersey (``Meenaxi''). 85 FR 77237 (Dec.
1, 2020). The complaint, as supplemented, alleges violations of section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, due to the
importation into the United States, sale for importation, or sale in
the United States after importation of certain chocolate milk powder
and packaging thereof that infringe U.S. Trademark Registration No.
4,206,026. Id. The complaint also alleges the existence of a domestic
industry. Id. The notice of investigation names 21 respondents: Bharat
Bazar Inc. of Union City, California (``Bharat Bazar''); Madras Group
Inc. d/b/a Madras Groceries of Sunnyvale, California; Organic Food d/b/
a Namaste Plaza Indian Super Market of Fremont, California (``Organic
Food''); India Cash & Carry of Sunnyvale California; New India Bazar
Inc. d/b/a New India Bazar of San Jose, California (``New India'');
Aapka Big Bazar of Jersey City, New Jersey; Siya Cash & Carry Inc. d/b/
a Siya Cash & Carry of Newark, New Jersey; JFK Indian Grocery LLC d/b/a
D-Mart Super Market of Jersey City, New Jersey; Trinethra Indian Super
Markets of Newark, California; Apna Bazar Cash & Carry Inc. d/b/a Apna
Bazar Cash & Carry of Edison, New Jersey; Subzi Mandi Cash & Carry Inc.
d/b/a Mandi Cash & Carry of Piscataway, New Jersey;
[[Page 22941]]
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry of South
Plainfield, New Jersey; Keemat Grocers of Sugarland, Texas; KGF World
Food Warehouse Inc. d/b/a World Food Mart of Houston, Texas; Telfair
Spices of Sugarland Texas; Indian Groceries and Spices Inc. d/b/a
<a href="http://iShopIndia.com">iShopIndia.com</a> of Milwaukee, Wisconsin; Rani Foods LP d/b/a Rani's
World Foods of Houston, Texas; Tathastu Trading LLC of South
Plainfield, New Jersey; and Choice Trading LLC of Guttenberg, New
Jersey. Id. The Office of Unfair Import Investigation (``OUII'') was
named as a party. Id.
On February 10, 2021, the former presiding ALJ issued an ID (Order
No. 6) finding all respondents in default. OUII supported the motion.
On March 2, 2021, the Commission issued a notice determining not to
review Order No. 6.
On May 24, 2021, Meenaxi moved for a summary determination of a
section 337 violation by all of the respondents, each of whom had
previously been found in default. On June 16, 2021, OUII responded in
support of the motion. On December 1, 2021, the former presiding ALJ
granted the motion as an ID (Order No. 15). The ID raised a question
whether at least one of the defaulting respondents--Organic Food--had
properly been served and therefore found in default. Order No. 15, at
1, n.1.
On January 18, 2022, the Commission reviewed Order No. 15, and
remanded the investigation to the ALJ in order to ``consider whether a
default finding is appropriate in view of the manner of service of
documents on'' Organic Food. Notice at 3 (Jan. 18, 2022). The remand
afforded the ALJ the authority to cure defects, if any, as to Organic
Food, and to identify and cure defects, if any, as to other
respondents. Id. In view of these concerns, the Commission reconsidered
its decision not to review Order No. 6, which, as noted above, found
all respondents in default. Id.
On remand, Meenaxi moved for leave to amend the complaint and
notice of investigation to:
(i) Substitute Organic Food with proposed respondent Organic
Ingredients Inc. d/b/a Namaste Plaza Indian Super Market, with an
address of 12220 World Trade Dr #200, San Diego, California 92128
(``Organic Ingredients'');
(ii) correct the address of respondent New India to 2850 Quimby
Road, San Jose, California 95148;
(iii) correct the address of respondent Bharat Bazar to 34301
Alvarado Niles Road, Union City, California 94587; and
(iv) supplement the Complaint with Exhibits 9-a, 9-b, and 9-c,
which address Organic Food and/or Organic Ingredients.
Unopposed Mot. of Compl't for Leave to Amend the Compl. and Notice
of Investigation at 3-4, 9-10 (Feb. 23, 2022).
On March 11, 2022, the CALJ issued one of the subject IDs (Order
No. 18) granting the motion for leave to amend the complaint and notice
of investigation. No petitions for review of Order No. 18 were filed.
The Commission has determined not to review Order No. 18.
On March 15, 2020, the CALJ issued the second of the two subject
IDs (Order No. 20) extending the target date to June 21, 2022, and
stating that any remand ID will issue no later than May 20, 2022. Order
No. 20, at 1. No petitions for review of Order No. 20 were filed.
The Commission has determined to review Order No. 20 on its own
initiative. See 19 CFR 210.44. On review, the Commission sets the
target date for completion of the investigation to August 31, 2022. As
stated in the Order Remanding the Investigation, the remand ID on
summary determination of violation shall become final 45 days after
issuance absent Commission review. See Order Remanding the
Investigation at 4, ] 6 (Jan. 18, 2022). The Commission understands
that the remand ID concerning summary determination on violation of
section 337 will issue on or before May 20, 2022. See Order No. 20, at
1.
The Commission vote for these determinations took place on April
12, 2022.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: April 12, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-08185 Filed 4-15-22; 8:45 am]
BILLING CODE 7020-02-P
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