[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77237-77238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26468]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1232]


Certain Chocolate Milk Powder and Packaging Thereof; 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 October 29, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Meenaxi 
Enterprise Inc. of Edison, New Jersey. A supplement was filed on 
November 10, 2020. The complaint 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 chocolate milk powder and packaging thereof by reason of 
infringement of U.S. Trademark Registration No. 4,206,026 (``the '026 
trademark''). 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 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 https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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 https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigation, 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 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on November 24, 2020, 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 the '026 
trademark; 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 ``chocolate milk 
powder in consumer-sized container with the Bournvita label'';
    (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: Meenaxi Enterprise Inc., 86-88 Executive 
Ave., Edison, NJ 08817.
    (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:

Bharat Bazar Inc., 34301 Alvarado Niled Road, Union City, CA 94086
Madras Group Inc. d/b/a Madras Groceries, 1177 West El Camino Real, 
Sunnyvale, CA 94087
Coconut Hill Inc. d/b/a Coconut Hill, 554 Murphy Ave., Sunnyvale, CA 
94086
Organic Food Inc. d/b/a Namaste Plaza Indian Super Market, 3269 Walnut 
Ave., Fremont, CA 94538
India Cash & Carry Inc. d/b/a India Cash & Carry, 1032 E. El Camino 
Real, Sunnyvale, CA 94087
New India Bazar Inc. d/b/a New India Bazar, 2368 Bentley Ridge Dr, San 
Jose, CA 94538
Aapka Big Bazar, 831-833 Newark Avenue, Jersey City, NJ 07306
Siya Cash & Carry Inc. d/b/a Siya Cash & Carry, 832 Newark Avenue, 
Jersey City, NJ 07306
JFK Indian Grocery LLC d/b/a D-Mart Super Market, 3000 Kennedy Blvd., 
Jersey City, NJ 07306
Trinethra Indian Super Markets, 39207 Cedar Blvd., Newark, CA 94560
Apna Bazar Cash & Carry Inc. d/b/a Apna Bazar Cash & Carry, 1700 Oak 
Tree Road, Edison, NJ 08820
Subzi Mandi Cash & Carry Inc. d/b/a Subzi Mandi Cash & Carry, 1347 
Stelton Road, Piscataway, NJ 08854
Subhlaxmi Grocers, 550 Stelton Road, Piscataway, NJ 08854
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry, 128 Durham Ave., 
South Plainfield, NJ 07080
Keemat Grocers, 3311 Highway 6 S, Sugarland, TX 77478
KGF World Food Warehouse Inc. d/b/a World Food Mart, 14625 Beechnut 
St., Houston, TX 77083
Telfair Spices, 1219 Museum Square Dr., Suite 100, Sugarland, TX 77479
Indian Groceries and Spices Inc. d/b/a iShoplndia.com, 10701 W. North 
Avenue, Suite 100, Milwaukee, WI 53226
Rani Foods LP d/b/a Rani's World Foods, 16721 Hollister Street, Suite 
Q, Houston, TX 77066
Tathastu Trading LLC, 100 Ryan St. Ste 21, South Plainfield, NJ 07080
Choice Trading LLC, 7000 Kennedy Blvd. East, Guttenberg, NJ 07093

    (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

[[Page 77238]]

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 
complainant 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 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: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020-26468 Filed 11-30-20; 8:45 am]
BILLING CODE 7020-02-P