[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70864-70866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25250]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1232 (REMAND)]


Certain Chocolate Milk Powder and Packaging Thereof; Notice of a 
Commission Determination To Issue a General Exclusion Order; 
Termination of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue a general exclusion order (``GEO'') 
prohibiting the unlicensed importation of chocolate milk powder and 
packaging thereof that infringe U.S. Trademark Registration No. 
4,206,026 (``the '026 mark'') (collectively, the ``covered products''). 
The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket system (``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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 1, 2020, based on a complaint filed on behalf of Meenaxi

[[Page 70865]]

Enterprise Inc. (``Meenaxi'') of Edison, New Jersey. 85 FR 77237-8 
(Dec. 1, 2020). The complaint, as supplemented, alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 
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 the '026 mark. The Commission's notice of investigation 
named as respondents Bharat Bazar Inc. of Union City, California; 
Madras Group Inc. d/b/a Madras Groceries of Sunnyvale, California; 
Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, California; Organic 
Food d/b/a Namaste Plaza Indian Super Market (``Organic Food'') 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 Jersey City, 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 Subzi Mandi Cash & Carry of Piscataway, New Jersey; Subhlaxmi 
Grocers 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. Id. The Office of Unfair Import Investigations 
(``OUII'') is also a party to the investigation.
    On February 10, 2021, the former chief administrative law judge 
(``CALJ'') issued an initial determination (``ID'') (Order No. 6) 
finding all respondents in default. Order No. 6 (Feb. 10, 2021), 
unreviewed by Comm'n Notice (Mar. 2, 2021).
    On May 24, 2021, Meenaxi moved for a summary determination of 
violation by all of the respondents, each of whom had previously been 
found in default. On June 16, 2021, OUII responded in support of the 
motion. On December 1, 2021, the former CALJ granted the motion as an 
ID (Order No. 15). No petitions for review of the ID were filed. The 
ID, however, noted discrepancies with respect to respondent Organic 
Food, calling into question whether that respondent was ever properly 
served with the complaint and notice of investigation and with the 
CALJ's order to show cause why the respondents should not be found in 
default, Order No. 5 (Jan. 13, 2021). See Order No. 15 at 1 n.1. The 
Commission determined sua sponte to review Order No. 15, and ordered 
reconsideration of Order No. 6 as to Organic Food and/or any other 
respondents who may not have been properly served with documents in the 
underlying investigation. Notice at 3 (Jan 18, 2022). The Commission 
remanded the investigation to an ALJ for further proceedings. Id.
    On remand, the CALJ issued Order No. 18, granting Meenaxi's 
unopposed motion for leave to amend the complaint and notice of 
investigation to (i) substitute Organic Food with proposed respondent 
Organic Ingredients Inc. d/b/a Namaste Plaza Indian Super Market 
(``Organic Ingredients'') of San Diego, California; (ii) correct the 
address of respondent New India Bazar Inc. d/b/a New India Bazar (``New 
India'') of San Jose, California; (iii) correct the address of 
respondent Bharat Bazar Inc. (``Bharat Bazar'') of Union City, 
California; and (iv) supplement the complaint with Exhibits 9-a, 9-b, 
and 9-c, concerning Organic Food and/or Organic Ingredients. Order No. 
18 at 1-5 (Mar. 11, 2022), unreviewed by Comm'n Notice, 87 FR 22940 
(Apr. 18, 2020). Meenaxi demonstrated that Bharat Bazar had been 
actually served with all of the documents in the investigation (prior 
to remand) despite incorrectly spelling Bharat Bazar's address as being 
on ``Niled Road'' instead of ``Niles Road.'' Order No. 18 at 4.
    The CALJ conducted remand proceedings as to Organic Ingredients and 
New India, first ordering them to respond to the amended complaint and 
notice of investigation, and then ordering them to respond to an order 
to show cause why they should not be found in default. See Order No. 19 
(Mar. 11, 2022); Order No. 21 at 3 (May 3, 2022). On May 19, 2022, the 
CALJ issued an ID finding Organic Ingredients and New India in default. 
Order No. 23 (May 19, 2022), unreviewed by Comm'n Notice (June 14, 
2022).
    On June 15, 2022, Meenaxi filed a second motion for summary 
determination of violation of section 337 as to the defaulting 
respondents, and requested the issuance of a GEO. On July 6, 2022, OUII 
responded in support of Meenaxi's motion.
    On August 3, 2022, the CALJ issued a remand ID (``RID'') (Order No. 
27) granting Meenaxi's motion. Order No. 27 (Aug. 3, 2022), unreviewed 
by Comm'n Notice (Sept. 19, 2022). The RID adopted substantially all of 
the findings of Order No. 15. The CALJ concurrently issued a 
recommended determination (``RD'') on the issues of remedy and bonding. 
The RD recommended the issuance of a GEO and setting the bond during 
the period of Presidential review in the amount of one hundred percent 
(100%) of the entered value of the covered products.
    Accordingly, the Commission requested written submissions on the 
issues of remedy, the public interest, and bonding and the RD's 
recommendation as to issuance of a GEO and bonding. 87 FR 58130-1 
(Sept. 23, 2022). On October 3 and 12, 2022, respectively, OUII and 
Meenaxi submitted briefing responsive to the Commission's request. No 
other submissions were received.
    Having reviewed the record in the investigation, including the 
written submissions from Meenaxi and OUII, the Commission has made its 
determination on the issues of remedy, the public interest, and 
bonding. As all statutory requirements of this subsection are met here, 
the Commission has determined that the appropriate remedy is a GEO 
directed to the covered products pursuant to section 337(g)(2), 19 
U.S.C. 1337(g)(2). The Commission has further determined that the 
public interest factors enumerated in Section 337(d) (19 U.S.C. 
1337(d)) do not preclude issuance of the GEO. Accordingly, the 
Commission has determined to issue a GEO prohibiting the unlicensed 
entry of chocolate milk powder and components thereof that infringe the 
'026 mark.
    Finally, the Commission has determined that a bond in the amount of 
one hundred percent (100%) of the entered value of the covered products 
is required during the period of Presidential review (19 U.S.C. 
1337(j)). The Commission's order was delivered to the President and to 
the United States Trade Representative on the day of its issuance.
    The Commission voted to approve this determination on November 15, 
2022.
    The authority for the Commission's determinations 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.


[[Page 70866]]


    Issued: November 15, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-25250 Filed 11-18-22; 8:45 am]
BILLING CODE 7020-02-P