Notice2022-24243
Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Notice of Commission Final Determination To Issue a Limited Exclusion Order; Termination of the Investigation
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Published
November 7, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to issue a limited exclusion order ("LEO") barring entry of certain electrolyte containing beverages and labeling and packaging thereof that are imported by or on behalf of the following defaulting respondents (all of Mexico): 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"). The investigation is terminated.
Full Text
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<title>Federal Register, Volume 87 Issue 214 (Monday, November 7, 2022)</title>
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[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67067-67068]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24243]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1269]
Certain Electrolyte Containing Beverages and Labeling and
Packaging Thereof; Notice of Commission Final Determination To Issue a
Limited Exclusion Order; Termination of the Investigation
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 issue a limited exclusion order (``LEO'')
barring entry of certain electrolyte containing beverages and labeling
and packaging thereof that are imported by or on behalf of the
following defaulting respondents (all of Mexico): 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'').
The investigation is terminated.
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#87c2c3ced4b4cfe2ebf7c7f2f4eef3e4a9e0e8f1"><span class="__cf_email__" data-cfemail="0e4b4a475d3d466b627e4e7b7d677a6d20696178">[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. In
addition to the Defaulting Respondents, the notice of investigation
(``NOI'') names the following respondents (all of Mexico):
Flexicompuestos S.A. de C.V. (``Flexicompuestos''); 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 (``Nogales'') (collectively, ``the Terminated Respondents'').
See id. The Office of Unfair Import Investigations (``OUII'') is also a
party to the investigation. See id.
The Commission previously found 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 why they should not be found in default for failing to
respond to the complaint and NOI issued by the presiding administrative
law judge (``ALJ''). 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 18, 2022, Complainants filed a declaration under
Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry
of a limited exclusion order against the Defaulting Respondents.
Complainants also indicated pursuant to 19 CFR 210.16(c)(2) that they
are not seeking issuance of a general exclusion order or cease and
desist orders.
On May 27, 2022, the Commission issued a notice seeking written
submissions from the parties, the public, and interested government
[[Page 67068]]
agencies on the issues of remedy, the public interest, and bonding. See
87 FR 33831-32 (June 3, 2022) (``Remedy Notice''). On June 10, 2022
(and as corrected on June 23, 2022), Complainants filed a submission in
response to the Commission's Remedy Notice. On the same day,
respondents Flexicompuestos and Nogales also filed a submission in
response to the Commission's Remedy Notice. OUII filed a submission in
response to the Commission's Remedy Notice on June 10, 2022, and a
response to the parties' submissions on June 17, 2022.
On June 28, 2022, the Commission terminated the investigation as to
the Terminated Respondents, including Flexicompuestos and Nogales,
based on Complainant's withdrawal of the complaint as to those
respondents. See Order No. 21 (June 1, 2022), unreviewed by Comm'n
Notice (June 28, 2022). Accordingly, only the Defaulting Respondents
remain in the investigation.
When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C.
1337(g)(1)(A)-(E)) have been satisfied, section 337(g)(1) and
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission,
upon request, to issue a limited exclusion order or a cease and desist
order or both against a respondent found in default, based on the
allegations regarding a violation of section 337 in the Complaint,
which are presumed to be true, unless after consideration of the public
interest factors in section 337(g)(1), it finds that such relief should
not issue.
Having examined the record of this investigation, including the
parties' submissions in response to the Remedy Notice, the Commission
has determined pursuant to subsection 337(g)(1) that the appropriate
remedy in this investigation is an LEO prohibiting the unlicensed entry
of certain electrolyte containing beverages and labeling and packaging
thereof that infringe Complainants' Asserted Trademarks and that are
imported by or on behalf of the Defaulting Respondents. The Commission
has determined that the public interest factors enumerated in
subsection 337(g)(1) do not preclude the issuance of the LEO. The
Commission has further determined that the bond during the period of
Presidential review pursuant to section 337(j) (19 U.S.C. 1337(j))
shall be in the amount of 100 percent of the entered value of the
imported articles that are subject to the LEO. The investigation is
terminated.
The Commission's vote for this determination took place on November
2, 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).
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).
By the order of the Commission.
Issued: November 2, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-24243 Filed 11-4-22; 8:45 am]
BILLING CODE 7020-02-P
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