Notice2026-11201
Certain Energy Drinks and Labeling and Packaging Thereof; Notice of Institution of Investigation
Primary source
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Published
June 4, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 17, 2026, under section 337 of the Tariff Act of 1930, as amended, on behalf of Monster Energy Company of Corona, California. A supplement to the complaint was filed on May 21, 2026. 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 energy drinks and labeling and packaging thereof by reason of the infringement of one or more of U.S. Trademark Registration No. 6,760,278 ("the '278 mark"); U.S. Trademark Registration No 6,451,182 ("the '182 mark"); U.S. Trademark Registration No. 2,903,214 ("the '214 mark"); and U.S. Trademark Registration No. 3,434,821 ("the '821 mark"). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests 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 91 Issue 107 (Thursday, June 4, 2026)</title>
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[Federal Register Volume 91, Number 107 (Thursday, June 4, 2026)]
[Notices]
[Pages 33756-33757]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11201]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1502]
Certain Energy Drinks and Labeling and Packaging Thereof; 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 April 17, 2026, under section
337 of the Tariff Act of 1930, as amended, on behalf of Monster Energy
Company of Corona, California. A supplement to the complaint was filed
on May 21, 2026. 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 energy drinks and labeling and packaging thereof
by reason of the infringement of one or more of U.S. Trademark
Registration No. 6,760,278 (``the '278 mark''); U.S. Trademark
Registration No 6,451,182 (``the '182 mark''); U.S. Trademark
Registration No. 2,903,214 (``the '214 mark''); and U.S. Trademark
Registration No. 3,434,821 (``the '821 mark''). The complaint further
alleges that an industry in the United States exists as required by the
applicable Federal Statute. The complainant requests 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#9bdedfd2c8a8d3fef7ebdbeee8f2eff8b5fcf4ed"><span class="__cf_email__" data-cfemail="2560616c76166d4049556550564c51460b424a53">[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 June 1, 2026, 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 '278 mark; the '182 mark; the '214 mark; and the '821 mark, and
whether an industry in the United States exists 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 ``gray market energy
drinks and labeling and packaging thereof that are manufactured for
distribution and sale solely outside the United States and that bear
the 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 complainant is: Monster Energy Company,
1 Monster Way Corona, California 92879.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Gig Wholesale Corp. 1 Perlman Drive, #106 Spring Valley, NY 10977
The Elegant Inc. 41 Sri Bimbarama Road, Piliyandala 10300, Sri Lanka
Hamilton Trading Corp. 2429 East Tremont Avenue 3, Bronx, NY 10461
Pal Global Imports Inc. 265 S. Cottage Hill Avenue, Elmhurst, IL 60126
Asia Link Inc. 32 Hill Street, Onehunga, Auckland, New Zealand 1061
Creative Trading PO Box 471, Cedarhurst, NY 11516
MBCH Solutions LLC 23404 Larkshire Street, Farmington Hills, MI 48336
Simple Shipping Solutions LLC 23404 Larkshire Street, Farmington Hills,
MI 48336
JDC Trading Inc. Plaza 100, Calle Principal El Ingenio 100 PI PB 4B,
Panama City, Panama 07158
Apollo Produce LLC 10510 Rockley Road, Houston, TX 77099
232 Barren Springs LLC 10510 Rockley Road, Houston, TX 77099
Sigmai (Asia) Limited Inc. 6625 Miami Lakes Drive, #362, Miami Lakes,
FL 33014
Cats Media Inc. 233 Mt. Airy Road, #100, Basking Ridge, NJ 07920
(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), such responses will be
considered by the Commission if received not later than 20 days after
the date of service by the Commission 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 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
[[Page 33757]]
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: June 2, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-11201 Filed 6-3-26; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on June 4, 2026.
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