Notice2025-02086
Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II); Notice of Institution of Investigation
Primary source
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Published
February 3, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on December 27, 2024, under section 337 of the Tariff Act of 1930, as amended, on behalf of CAB Enterprises, Inc. of Houston, Texas, Sueros y Bebidas Rehidratantes, S.A. de C.V. of Mexico, Brazos River Ventures LLC of Albany, New York, and Electrolit Manufacturing USA Inc. of Albany, New York. A supplement to the Complaint was filed on January 15, 2025. The complaint, as supplemented, alleges violations 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 one of more of U.S. Trademark Registration No. 4,222,726 ("the '726 mark"); U.S. Trademark Registration No. 4,833,885 ("the '885 mark"); U.S. Trademark Registration No. 4,717,350 ("the '350 mark"); and U.S. Trademark Registration No. 4,717,232 ("the '232 mark") (collectively, "Asserted Trademarks"). The complaint, as supplemented, further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
Full Text
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<title>Federal Register, Volume 90 Issue 21 (Monday, February 3, 2025)</title>
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[Federal Register Volume 90, Number 21 (Monday, February 3, 2025)]
[Notices]
[Pages 8811-8812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-02086]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1435]
Certain Electrolyte Containing Beverages and Labeling and
Packaging Thereof (II); Notice of Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on December 27, 2024, under section
337 of the Tariff Act of 1930, as amended, on behalf of CAB
Enterprises, Inc. of Houston, Texas, Sueros y Bebidas Rehidratantes,
S.A. de C.V. of Mexico, Brazos River Ventures LLC of Albany, New York,
and Electrolit Manufacturing USA Inc. of Albany, New York. A supplement
to the Complaint was filed on January 15, 2025. The complaint, as
supplemented, alleges violations 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 one of more of U.S. Trademark Registration No.
4,222,726 (``the '726 mark''); U.S. Trademark Registration No.
4,833,885 (``the '885 mark''); U.S. Trademark Registration No.
4,717,350 (``the '350 mark''); and U.S. Trademark Registration No.
4,717,232 (``the '232 mark'') (collectively, ``Asserted Trademarks'').
The complaint, as supplemented, further alleges that an industry in the
United States exists or is in the process of being established as
required by the applicable Federal Statute.
The complainants request that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited exclusion order, and cease and
desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, 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#0441404d57374c6168744471776d70672a636b72"><span class="__cf_email__" data-cfemail="e1a4a5a8b2d2a9848d91a19492889582cf868e97">[email protected]</span></a>. Hearing impaired individuals are advised that
information on this matter can be obtained by contacting the
Commission's TDD terminal on (202) 205-1810. Persons with mobility
impairments who will need special assistance in gaining access to the
Commission should contact the Office of the Secretary at (202) 205-
2000. 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>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2025).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on January 28, 2025, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine: whether
there is a violation of subsection (a)(1)(C) of section 337 in the
importation into the United States, the sale for importation, or the
sale within the United States after importation of certain products
identified in paragraph (2) by reason of infringement of one or more of
the Asserted Trademarks, and whether an industry in the United States
exists or is in the process of being established as required by
subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``electrolyte
beverages and associated packaging and labels that bear the
Electrolit[supreg] Asserted Trademarks'';
(3) For the purpose of the investigation so instituted, the
following are hereby named as parties upon which this notice of
investigation shall be served:
(a) The complainants are:
CAB Enterprises, Inc., 3201 Allen Parkway, Suite 100, Houston, Texas
77019
Sueros y Bebidas Rehidratantes, S.A. de C.V., Av. Espana No. 1840,
Colonia Moderna, C.P. 44190, Guadalajara, Jalisco, Mexico
Brazos River Ventures LLC, 300 Great Oaks Blvd., Suite 325, Albany, NY
12203
Electrolit Manufacturing USA Inc., 300 Great Oaks Blvd., Suite 325,
Albany, NY 12203
[[Page 8812]]
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
and supplement is to be served:
Empacadora Torres Mora, S. de R.L. de C.V., Nueva York 4037, Monterrey,
Nuevo Leon 64310, Mexico
Version Expotaciones, S.R.L. de C.V., Lic. Martin Careaga 100 Esquina
y, Sor Juana Ines de La Cruz, Tijuana, Baja California Norte 22536,
Mexico
Mabed Distribuciones, S.A. de C.V., Avenida Paseo de La Reforma 17,
Matamoros, Tamaulipas 87300, Mexico
Salfe International Trade, S. de R.L. de C.V., Calle Callejon de
Capellania 210, Garza Garcia, Nuevo Leon 66266, Mexico
Exportadora de Abarrotes del Pacifico, S.A. de C.V., Avenida Matamoros
120, Torreon, Coahuila 27000, Mexico
Centro de Distribucion de Carbon Allende, S.A. de C.V., Carretera El
Cerrito, Allende, Nuevo Leon 67353, Mexico
Wenceslao Colunga Ruiz, Carreta al Puente Internacional KM 6, Camargo,
Tamaulipas 88440, Mexico
Distribuidora de Productos Heres, S.A. de C.V., Industrial 2813
Empresarial, Allende, Nuevo Leon 67350, Mexico
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in accordance with section 210.13 of
the Commission's Rules of Practice and Procedure, 19 CFR 210.13.
Pursuant to 19 CFR 201.16(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants of the complaint and the notice of investigation.
Extensions of time for submitting responses to the complaint and the
notice of investigation will not be granted unless good cause therefor
is shown.
Failure of a respondent to file a timely response to each
allegation in the complaint, as supplemented, and in this notice may be
deemed to constitute a waiver of the right to appear and contest the
allegations of the complaint and this notice, and to authorize the
administrative law judge and the Commission, without further notice to
the respondent, to find the facts to be as alleged in the complaint and
this notice and to enter an initial determination and a final
determination containing such findings, and may result in the issuance
of an exclusion order or a cease and desist order or both directed
against the respondent.
By order of the Commission.
Issued: January 28, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-02086 Filed 1-31-25; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on February 3, 2025.
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