Notice2022-25250
Certain Chocolate Milk Powder and Packaging Thereof; Notice of a Commission Determination To Issue a General Exclusion Order; Termination of Investigation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 21, 2022
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order ("GEO") prohibiting the unlicensed importation of chocolate milk powder and packaging thereof that infringe U.S. Trademark Registration No. 4,206,026 ("the '026 mark") (collectively, the "covered products"). The investigation is terminated.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 223 (Monday, November 21, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70864-70866]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25250]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1232 (REMAND)]
Certain Chocolate Milk Powder and Packaging Thereof; Notice of a
Commission Determination To Issue a General Exclusion Order;
Termination of Investigation
AGENCY: International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to issue a general exclusion order (``GEO'')
prohibiting the unlicensed importation of chocolate milk powder and
packaging thereof that infringe U.S. Trademark Registration No.
4,206,026 (``the '026 mark'') (collectively, the ``covered products'').
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket system (``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#4603020f15750e232a360633352f322568212930"><span class="__cf_email__" data-cfemail="4603020f15750e232a360633352f322568212930">[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: The Commission instituted this investigation
on December 1, 2020, based on a complaint filed on behalf of Meenaxi
[[Page 70865]]
Enterprise Inc. (``Meenaxi'') of Edison, New Jersey. 85 FR 77237-8
(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,
based upon the importation into the United States, the sale for
importation, and the sale within the United States after importation of
certain chocolate milk powder and packaging thereof by reason of
infringement of the '026 mark. The Commission's notice of investigation
named as respondents Bharat Bazar Inc. of Union City, California;
Madras Group Inc. d/b/a Madras Groceries of Sunnyvale, California;
Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, California; Organic
Food d/b/a Namaste Plaza Indian Super Market (``Organic Food'') of
Fremont, California; India Cash & Carry of Sunnyvale California; New
India Bazar Inc. d/b/a New India Bazar of San Jose, California; Aapka
Big Bazar of Jersey City, New Jersey; Siya Cash & Carry Inc. d/b/a Siya
Cash & Carry of Jersey City, 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 Subzi Mandi Cash & Carry of Piscataway, New Jersey; Subhlaxmi
Grocers of Piscataway, New Jersey; 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 Investigations
(``OUII'') is also a party to the investigation.
On February 10, 2021, the former chief administrative law judge
(``CALJ'') issued an initial determination (``ID'') (Order No. 6)
finding all respondents in default. Order No. 6 (Feb. 10, 2021),
unreviewed by Comm'n Notice (Mar. 2, 2021).
On May 24, 2021, Meenaxi moved for a summary determination of
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 CALJ granted the motion as an
ID (Order No. 15). No petitions for review of the ID were filed. The
ID, however, noted discrepancies with respect to respondent Organic
Food, calling into question whether that respondent was ever properly
served with the complaint and notice of investigation and with the
CALJ's order to show cause why the respondents should not be found in
default, Order No. 5 (Jan. 13, 2021). See Order No. 15 at 1 n.1. The
Commission determined sua sponte to review Order No. 15, and ordered
reconsideration of Order No. 6 as to Organic Food and/or any other
respondents who may not have been properly served with documents in the
underlying investigation. Notice at 3 (Jan 18, 2022). The Commission
remanded the investigation to an ALJ for further proceedings. Id.
On remand, the CALJ issued Order No. 18, granting Meenaxi's
unopposed motion 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
(``Organic Ingredients'') of San Diego, California; (ii) correct the
address of respondent New India Bazar Inc. d/b/a New India Bazar (``New
India'') of San Jose, California; (iii) correct the address of
respondent Bharat Bazar Inc. (``Bharat Bazar'') of Union City,
California; and (iv) supplement the complaint with Exhibits 9-a, 9-b,
and 9-c, concerning Organic Food and/or Organic Ingredients. Order No.
18 at 1-5 (Mar. 11, 2022), unreviewed by Comm'n Notice, 87 FR 22940
(Apr. 18, 2020). Meenaxi demonstrated that Bharat Bazar had been
actually served with all of the documents in the investigation (prior
to remand) despite incorrectly spelling Bharat Bazar's address as being
on ``Niled Road'' instead of ``Niles Road.'' Order No. 18 at 4.
The CALJ conducted remand proceedings as to Organic Ingredients and
New India, first ordering them to respond to the amended complaint and
notice of investigation, and then ordering them to respond to an order
to show cause why they should not be found in default. See Order No. 19
(Mar. 11, 2022); Order No. 21 at 3 (May 3, 2022). On May 19, 2022, the
CALJ issued an ID finding Organic Ingredients and New India in default.
Order No. 23 (May 19, 2022), unreviewed by Comm'n Notice (June 14,
2022).
On June 15, 2022, Meenaxi filed a second motion for summary
determination of violation of section 337 as to the defaulting
respondents, and requested the issuance of a GEO. On July 6, 2022, OUII
responded in support of Meenaxi's motion.
On August 3, 2022, the CALJ issued a remand ID (``RID'') (Order No.
27) granting Meenaxi's motion. Order No. 27 (Aug. 3, 2022), unreviewed
by Comm'n Notice (Sept. 19, 2022). The RID adopted substantially all of
the findings of Order No. 15. The CALJ concurrently issued a
recommended determination (``RD'') on the issues of remedy and bonding.
The RD recommended the issuance of a GEO and setting the bond during
the period of Presidential review in the amount of one hundred percent
(100%) of the entered value of the covered products.
Accordingly, the Commission requested written submissions on the
issues of remedy, the public interest, and bonding and the RD's
recommendation as to issuance of a GEO and bonding. 87 FR 58130-1
(Sept. 23, 2022). On October 3 and 12, 2022, respectively, OUII and
Meenaxi submitted briefing responsive to the Commission's request. No
other submissions were received.
Having reviewed the record in the investigation, including the
written submissions from Meenaxi and OUII, the Commission has made its
determination on the issues of remedy, the public interest, and
bonding. As all statutory requirements of this subsection are met here,
the Commission has determined that the appropriate remedy is a GEO
directed to the covered products pursuant to section 337(g)(2), 19
U.S.C. 1337(g)(2). The Commission has further determined that the
public interest factors enumerated in Section 337(d) (19 U.S.C.
1337(d)) do not preclude issuance of the GEO. Accordingly, the
Commission has determined to issue a GEO prohibiting the unlicensed
entry of chocolate milk powder and components thereof that infringe the
'026 mark.
Finally, the Commission has determined that a bond in the amount of
one hundred percent (100%) of the entered value of the covered products
is required during the period of Presidential review (19 U.S.C.
1337(j)). The Commission's order was delivered to the President and to
the United States Trade Representative on the day of its issuance.
The Commission voted to approve this determination on November 15,
2022.
The authority for the Commission's determinations 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.
[[Page 70866]]
Issued: November 15, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-25250 Filed 11-18-22; 8:45 am]
BILLING CODE 7020-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 21, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.