Notice2022-11868
Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Notice of Commission Request for Written Submissions on Remedy, the Public Interest, and Bonding
Primary source
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Published
June 3, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to request written submissions from the parties, interested government agencies, and interested persons, under the schedule set forth below, on remedy, the public interest, and bonding.
Full Text
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<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
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[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33831-33832]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11868]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1269]
Certain Electrolyte Containing Beverages and Labeling and
Packaging Thereof; Notice of Commission Request for Written Submissions
on Remedy, the Public Interest, and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to request written submissions from the
parties, interested government agencies, and interested persons, under
the schedule set forth below, on remedy, the public interest, and
bonding.
FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-4716. 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#ebaeafa2b8d8a38e879bab9e98829f88c58c849d"><span class="__cf_email__" data-cfemail="5613121f05651e333a261623253f223578313920">[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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: On July 6, 2021, the Commission instituted
this investigation under section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed
by CAB Enterprises, Inc. of Houston, Texas and Sueros y Bebidas
Rehidratantes, S.A. de C.V. of Mexico (collectively, ``Complainants'').
See 86 FR 35532-33 (July 6, 2021). The complaint, as supplemented,
alleges a violation of section 337 based upon the importation into the
United States, the sale for importation, and the sale within the United
States after importation of certain electrolyte containing beverages
and labeling and packaging thereof by reason of infringement of U.S.
Trademark Registration Nos. 4,222,726; 4,833,885; 4,717,350; and
4,717,232 (collectively, ``the Asserted Trademarks''). See id. The
notice of investigation names the following respondents (all of
Mexico): (1) Carbonera Los Asadores de C.V.; Comercial Trevi[ntilde]o
de Reynosa, S.A. de C.V.; Distribuidora Mercatto S.A. de C.V.; H & F
Tech International S.A. de C.V.; Leticia Ang[eacute]lica Saenz
Fernandez; Yoselen Susana Martinez Tirado; Grupo Comercial Lux del
Norte S.A. de C.V.; and Caribe Agencia Express, S.A. de C.V.
(collectively, ``the Defaulting Respondents''); and (2) Flexicompuestos
S.A. de C.V.; Comercializadora Degu S.A. de C.V.; MPC Foods S.A. de
C.V.; Myrna Guadalupe Perez Martinez; Comercializadora Embers S.A. de
C.V.; and Manuel Bautista Nogales (collectively, ``the Remaining
Respondents''). See id. The Office of Unfair Import Investigations
(``OUII'') is also a party to the investigation. See id.
On September 14, 2021, and April 7, 2022, the presiding
administrative law judge (``ALJ'') issued initial determinations (Order
Nos. 8 & 19) finding the Defaulting Respondents in default pursuant to
Commission Rule 210.16 (19 CFR 210.16), for failure to respond to the
complaint and notice of investigation and to orders to show cause
(Order Nos. 7 & 9). See Order No. 8 (Sept. 14, 2021), unreviewed by
Comm'n Notice (Oct. 6, 2021); Order No. 19 (Apr. 7, 2022), unreviewed
by Comm'n Notice (Apr. 26, 2022).
On April 6, 2022, Complainants filed a motion for partial
termination of the investigation as to the Remaining Respondents based
on the withdrawal of the allegations in the complaint as to those
respondents under 19 CFR 210.21(a). On April 7, 2022, OUII filed a
response in support of the motion.
On April 18, 2022, Complainants filed a declaration under
Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry
of limited exclusion
[[Page 33832]]
orders against the Defaulting Respondents. Complainants also indicated
pursuant to 19 CFR 210.16(c)(2) that they are not seeking a general
exclusion order. No response to Complainants' declaration was received.
Commission Rule 210.16(c)(1) provides that ``[a]fter a respondent
has been found in default by the Commission, the complainant may file
with the Commission a declaration that it is seeking immediate entry of
relief against the respondent in default'' and ``[t]he facts alleged in
the complaint will be presumed to be true with respect to the
defaulting respondent.'' See 19 CFR 210.16. In addition, ``[t]he
Commission may issue an exclusion order, a cease and desist order, or
both, affecting the defaulting respondent only after considering the
effect of such order(s) upon the public health and welfare, competitive
conditions in the U.S. economy, the production of like or directly
competitive articles in the United States, and U.S. consumers, and
concluding that the order(s) should still be issued in light of the
aforementioned public interest factors.'' See id.
Accordingly, the Commission has determined to request written
submissions from the parties, interested government agencies, and
interested persons, under the schedule set forth below, on remedy, the
public interest, and bonding. More specifically, the Commission is
interested in receiving written submissions that address the form of
remedy, if any, that should be ordered. If a party seeks exclusion of
an article from entry into the United States for purposes other than
entry for consumption, the party should so indicate and provide
information establishing that activities involving other types of entry
either are adversely affecting it or likely to do so. For background,
see Certain Devices for Connecting Computers via Telephone Lines, Inv.
No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove, or take no action on the Commission's determination. See
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles would be entitled to enter the
United States under bond, in an amount determined by the Commission and
prescribed by the Secretary of the Treasury. The Commission is
therefore interested in receiving submissions concerning the amount of
the bond that should be imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Complainants are also requested to submit proposed
remedial orders for the Commission's consideration. Complainants are
further requested to provide the HTSUS numbers under which the accused
products are imported, and to supply the names of known importers of
the products at issue in this investigation.
Written submissions and proposed remedial orders must be filed no
later than close of business on June 10, 2022. Reply submissions must
be filed no later than the close of business on June 17, 2022. No
further submissions on any of these issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions must file the original document
electronically on or before the deadlines stated above. The
Commission's paper filing requirements in 19 CFR 210.4(f) are currently
waived. 85 FR 15798 (March 19, 2020). Submissions should refer to the
investigation number (``Inv. No. 337-TA-1269'') in a prominent place on
the cover page and/or the first page. (See Handbook for Electronic
Filing Procedures, <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>). Persons with questions regarding
filing should contact the Secretary (202-205-2000).
Any person desiring to submit a document to the Commission in
confidence must request confidential treatment by marking each document
with a header indicating that the document contains confidential
information. This marking will be deemed to satisfy the request
procedure set forth in Rules 201.6(b) and 210.5(e)(2) (19 CFR 201.6(b)
& 210.5(e)(2)). Documents for which confidential treatment by the
Commission is properly sought will be treated accordingly. All
information, including confidential business information and documents
for which confidential treatment is properly sought, submitted to the
Commission for purposes of this Investigation may be disclosed to and
used: (i) By the Commission, its employees and Offices, and contract
personnel (a) for developing or maintaining the records of this or a
related proceeding, or (b) in internal investigations, audits, reviews,
and evaluations relating to the programs, personnel, and operations of
the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S.
government employees and contract personnel, solely for cybersecurity
purposes. All contract personnel will sign appropriate nondisclosure
agreements. All non-confidential written submissions will be available
for public inspection at the Office of the Secretary and on EDIS.
While temporary remote operating procedures are in place in
response to COVID-19, the Office of the Secretary is not able to serve
parties that have not retained counsel or otherwise provided a point of
contact for electronic service. Accordingly, pursuant to Commission
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the
Commission orders that the Complainant(s) complete service for any
party/parties without a method of electronic service noted on the
attached Certificate of Service and shall file proof of service on the
Electronic Document Information System (EDIS).
The Commission's vote for this determination took place on May 27,
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: May 24, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-11868 Filed 6-2-22; 8:45 am]
BILLING CODE 7020-02-P
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