Notice2025-23176
Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II); Notice of a Commission Determination To Review in Part an Initial Determination Granting a Motion for Summary Determination of Violation; Request for Written Submissions on the Issue Under Review and on Remedy, the Public Interest, and Bonding
Primary source
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Published
December 18, 2025
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to review in part an initial determination ("ID") (Order No. 18) of the presiding administrative law judge ("ALJ") granting a motion for summary determination of violation. The Commission requests written submissions from the parties on the issue under review and from the parties, interested government agencies, and other interested persons on the issues of remedy, the public interest, and bonding, under the schedule set forth below.
Full Text
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<title>Federal Register, Volume 90 Issue 241 (Thursday, December 18, 2025)</title>
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[Federal Register Volume 90, Number 241 (Thursday, December 18, 2025)]
[Notices]
[Pages 59203-59205]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23176]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1435]
Certain Electrolyte Containing Beverages and Labeling and
Packaging Thereof (II); Notice of a Commission Determination To Review
in Part an Initial Determination Granting a Motion for Summary
Determination of Violation; Request for Written Submissions on the
Issue Under Review and 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 (``Commission'') has determined to review in part an initial
determination (``ID'') (Order No. 18) of the presiding administrative
law judge (``ALJ'') granting a motion for summary determination of
violation. The Commission requests written submissions from the parties
on the issue under review and from the parties, interested government
agencies, and other interested persons on the issues of remedy, the
public interest, and bonding, under the schedule set forth below.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-3316. 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#4e0b0a071d7d062b223e0e3b3d273a2d60292138"><span class="__cf_email__" data-cfemail="d693929f85e59eb3baa696a3a5bfa2b5f8b1b9a0">[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: The Commission instituted this investigation
on February 3, 2025, based upon a complaint, as supplemented (the
``Complaint''), filed on behalf of CAB Enterprises, Inc. of Houston,
Texas; Sueros y Bebidas Rehidratantes, S.A. de C.V. of Guadalajara,
Mexico; Brazos River Ventures LLC of Albany, New York; and Electrolit
Manufacturing USA Inc. of Albany, New York (collectively,
``Complainants''). 90 FR 8811-12 (Feb. 3, 2025). The complaint, as
supplemented, alleges violations of section 337 of the Tariff Act of
1930, as amended (``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 or
more of U.S. Trademark Registration No. 4,222,726; U.S. Trademark
Registration No. 4,833,885; U.S. Trademark Registration No. 4,717,350;
and U.S. Trademark Registration No. 4,717,232. Id. The Complaint
further alleges that an industry in the United States exists or is in
the process of being established as required by subsection (a)(2) of
section 337. Id. at 8811.
The Commission's notice of investigation named eight respondents:
Empacadora Torres Mora, S. de R.L. de C.V. of Monterrey, Mexico;
Version Expotaciones, S.R.L. de C.V. of Tijuana, Mexico; Mabed
Distribuciones, S.A. de C.V. of Matamoros, Mexico; Salfe International
Trade, S. de R.L. de C.V. (``Salfe'') of Garza Garcia, Mexico;
Exportadora de Abarrotes del Pacifico, S.A. de C.V. (``Pacifico'') of
Torreon, Mexico; Centro de Distribucion de Carbon Allende, S.A. de C.V.
of Allende, Mexico; Wenceslao Colunga Ruiz (``Ruiz'') of Camargo,
Mexico; and Distribuidora de Productos Heres, S.A. de C.V. (``Heres'')
of Allende, Mexico. Id. at 8812. The Office of Unfair Import
Investigations (``OUII'') is also a party to this investigation. Id.
The investigation was terminated with respect to respondents Ruiz
and Heres based on withdrawal of the complaint. Order No. 7 (Mar. 11,
2025),
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unreviewed by Comm'n Notice (Apr. 9, 2025).
On April 18, 2025, the ALJ issued an order requiring the remaining
respondents in the investigation to show cause why they should not be
found in default. Order No. 9 (Apr. 18, 2025). Respondent Pacifico
filed an answer to the Complaint on May 1, 2025, and the investigation
was subsequently terminated with respect to Pacifico based on a consent
order. Order No. 10 (May 23, 2025), unreviewed by Comm'n Notice (June
17, 2025). The investigation was also terminated with respect to
respondent Salfe based on a consent order. Order No. 12 (June 25,
2025), unreviewed by Comm'n Notice (July 14, 2025). The remaining four
respondents did not file any response to the complaint and notice of
investigation or to the order to show cause for failure to do so.
On July 21, 2025, Complainants filed a motion for summary
determination of violation, and on July 22, 2025, Complainants filed a
motion for leave for acceptance of a corrected motion for summary
determination, which was granted pursuant to Order No. 15 (July 22,
2025). On August 4, 2025, OUII filed a response in support of
Complainants' motion.
On September 10, 2025, the ALJ issued the subject ID granting the
motion for summary determination, which included a recommended
determination on remedy and bonding. No petitions for review of the ID
were filed.
Having reviewed the record of the investigation, including the ID,
the pleadings, and the parties' briefing on summary determination, the
Commission has determined to review the ID in part. Specifically, the
Commission has determined to review the ID's findings with respect to
the economic prong of the domestic industry requirement. The Commission
has determined not to review the other findings in the ID.
In connection with its review, the Commission requests responses to
the following question:
Question 1: On or before the date of the complaint, explain how
and to what extent the investments relating to the Texas
manufacturing facility were with respect to the protected domestic
industry articles as required under section 337(a)(2). Please
provide citation to any evidence in the record that would support
this. If such investments were not exclusively with respect to the
protected domestic industry articles, explain how the asserted
domestic investments for the facility can be allocated with respect
to the protected domestic industry articles.
The parties are requested to brief their positions with reference
to the applicable law and the existing evidentiary record.
In connection with the final disposition of this investigation, the
statute authorizes issuance of, inter alia, (1) an exclusion order that
could result in the exclusion of the subject articles from entry into
the United States; and/or (2) cease and desist orders that could result
in the respondents being required to cease and desist from engaging in
unfair acts in the importation and sale of such articles. Accordingly,
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).
In connection with its remedy determination, the Commission
requests responses to the following question:
Question 2: Identify evidence or allegations that the foreign
defaulting respondents maintain commercially significant inventories
and/or engage in significant commercial operations in the United
States.
The parties are requested to brief their positions with reference
to the applicable law and the existing evidentiary record.
The statute requires the Commission to consider the effects of that
remedy upon the public interest. The public interest factors the
Commission will consider include the effect that an exclusion order and
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,
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 are requested to file written
responses to the briefing questions above. 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. Such submissions should
address the recommended determination by the ALJ on remedy and bonding.
In their initial submission, Complainants are also requested to
identify the remedy sought and Complainants and OUII are requested to
submit proposed remedial orders for the Commission's consideration.
Complainants are further requested to provide the HTSUS subheadings
under which the accused products are imported, and to supply the
identification information for all known importers of the products at
issue in this investigation. All initial written submissions, from the
parties and/or third parties/interested government agencies, and
proposed remedial orders from the parties must be filed no later than
close of business on January 5, 2026. All reply submissions must be
filed no later than the close of business on January 12, 2026. Opening
submissions from the parties are limited to 20 pages. Reply submissions
shall be limited to 10 pages. 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 pursuant to 19
CFR 210.4(f). Submissions should refer to the investigation number
(Inv. No. 337-TA-1435) 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
[[Page 59205]]
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. Any non-party wishing to submit comments
containing confidential information must serve those comments on the
parties to the investigation pursuant to the applicable Administrative
Protective Order. A redacted non-confidential version of the document
must also be filed with the Commission and served on any parties to the
investigation within two business days of any confidential filing. 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 nonconfidential written submissions will be available
for public inspection on EDIS.
The Commission vote for this determination took place on December
15, 2025.
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: December 15, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-23176 Filed 12-17-25; 8:45 am]
BILLING CODE 7020-02-P
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