[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70146-70147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26626]



[[Page 70146]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1232]


Certain Chocolate Milk Powder and Packaging Thereof; Notice of 
Request for Submissions on the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on December 1, 2021, the presiding 
administrative law judge (``ALJ'') issued an Initial Determination 
Granting Complainant Meenaxi Inc.'s Motion for Summary Determination of 
Violation by the Defaulting Respondents, and a Recommended 
Determination on Remedy and Bonding (``ID/RD''). The Commission is 
soliciting submissions on public interest issues raised by the 
recommended relief should the Commission find a violation. This notice 
is soliciting comments from the public only.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2532. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: Section 337 of the Tariff Act of 1930 
provides that, if the Commission finds a violation, it shall exclude 
the articles concerned from the United States:

unless, after considering the effect of such exclusion upon the 
public health and welfare, competitive conditions in the United 
States economy, the production of like or directly competitive 
articles in the United States, and United States consumers, it finds 
that such articles should not be excluded from entry.

19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist 
orders. 19 U.S.C. 1337(f)(1).
    The Commission is soliciting submissions on public interest issues 
raised by the recommended relief should the Commission find a 
violation. All of the respondents in this investigation have previously 
been found in default.\1\ Notice at 2 (Mar. 2, 2021). The ALJ 
recommended the issuance of a general exclusion order (``GEO'') 
directed to certain chocolate milk powder and packaging thereof that 
infringe U.S. Trademark Registration No. 4,206,026, which protects the 
word mark BOURNVITA. The ALJ further recommended that bond during the 
Presidential review period be set at one hundred percent (100%) of the 
entered value of subject products. Parties are to file public interest 
submissions pursuant to 19 CFR 210.50(a)(4).
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    \1\ Bharat Bazar Inc. of Union City, California; Madras Group 
Inc. d/b/a Madras Groceries of Sunnyvale, California; Organic Food 
d/b/a Namaste Plaza Indian Super Market of Fremont, California; 
India Cash & Carry of Sunnyvale California; New India Bazar Inc. d/
b/a New India Bazar of San Jose, California; Aapka Big Bazar of 
Jersey City, New Jersey; Siya Cash & Carry Inc. d/b/a Siya Cash & 
Carry of Newark, New Jersey; JFK Indian Grocery LLC d/b/a D-Mart 
Super Market of Jersey City, New Jersey; Trinethra Indian Super 
Markets of Newark, California; Apna Bazar Cash & Carry Inc. d/b/a 
Apna Bazar Cash & Carry of Edison, New Jersey; Subzi Mandi Cash & 
Carry Inc. d/b/a Mandi Cash & Carry of Piscataway, New Jersey; 
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry of South 
Plainfield, New Jersey; Keemat Grocers of Sugarland, Texas; KGF 
World Food Warehouse Inc. d/b/a World Food Mart of Houston, Texas; 
Telfair Spices of Sugarland Texas; Indian Groceries and Spices Inc. 
d/b/a iShopIndia.com of Milwaukee, Wisconsin; Rani Foods LP d/b/a 
Rani's World Foods of Houston, Texas; Tathastu Trading LLC of South 
Plainfield, New Jersey; and Choice Trading LLC of Guttenberg, New 
Jersey (collectively, the ``Defaulting Respondents'').
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    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public are invited to file submissions of no more than five (5) 
pages, inclusive of attachments, concerning the public interest in 
light of the ALJ's ID/RD. Comments should address whether issuance of 
the recommended remedial orders in this investigation, should the 
Commission find a violation, would affect the public health and welfare 
in the United States, competitive conditions in the United States 
economy, the production of like or directly competitive articles in the 
United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the recommended 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third-party suppliers have the capacity to replace the volume of 
articles potentially subject to the recommended orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on December 31, 2021.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above. The 
Commission's paper filing requirements in 19 CFR 210.4(f) are currently 
waived. 85 FR 15798 (Mar. 19, 2020). Submissions should refer to the 
investigation number (``Inv. No. 337-TA-1232'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.). 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 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. A redacted 
non-confidential version of the document must also be filed 
simultaneously with 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

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submissions will be available for public inspection on EDIS.
    This action is taken under the authority of 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 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26626 Filed 12-8-21; 8:45 am]
BILLING CODE 7020-02-P