[Federal Register Volume 74, Number 192 (Tuesday, October 6, 2009)]
[Notices]
[Page 51319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23989]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-678]


In the Matter of Certain Energy Drink Products; Notice of 
Commission Decision Not To Review an Initial Determination Granting 
Motion To Amend the Complaint and the Notice of Investigation To Add 
Six Additional Respondents

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 not to review an initial determination 
(``ID'') (Order No. 7) issued by the presiding administrative law judge 
(``ALJ'') in the above-captioned investigation granting a motion filed 
by complainants Red Bull GmbH and Red Bull North America, Inc. 
(collectively, ``Red Bull'') to amend the complaint and notice of 
investigation to add six new respondents.

FOR FURTHER INFORMATION CONTACT: Paul M. Bartkowski, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5432. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street, SW., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server at 
http://www.usitc.gov. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 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 June 17, 2009, based on a complaint filed by Red Bull GmbH and Red 
Bull North America, Inc. (``Red Bull''). 74 FR 28725 (June 17, 2009). 
The complaint as amended alleged violations of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United 
States, the sale for importation, and the sale within the United States 
after importation of certain energy drink products by reason of 
infringement of U.S. Trademark Registration Nos. 3,092,197; 2,946,045; 
2,994,429; and 3,479,607 and U.S. Copyright Registration No. 
VA0001410959. The complaint initially named six respondents: Chicago 
Import, Inc.; Lamont Dist., Inc. a/k/a Lamont Distributors Inc.; India 
Imports, Inc., a/k/a International Wholesale Club; Washington Food and 
Supply of DC, Inc., a/k/a Washington Cash & Carry; Vending Plus, Inc.; 
and Baltimore Beverage Co.
    On September 8, 2009, the ALJ issued the subject ID, granting Red 
Bull's motion to amend the complaint and notice of investigation to add 
six new respondents: Posh Nosh Imports; Greenwich, Inc.; Advantage Food 
Distributors, Ltd.; Wheeler Trading, Inc.; Avalon International General 
Trading, LLC; and Central Supply, Inc. No petitions for review were 
filed. The Commission has determined not to review the subject ID.
    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 sections 210.42 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.42).

     Issued: September 30, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-23989 Filed 10-5-09; 8:45 am]
BILLING CODE 7020-02-P