[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Notices]
[Pages 68203-68204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18913]


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INTERNATIONAL TRADE COMMISSION

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


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

AGENCY: International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on August 16, 2024, the presiding 
administrative law judge (``ALJ'') issued an Initial Determination 
(``ID'') Granting Complainant's Motion for Summary Determination of 
Violation of the General Exclusion Order (``GEO''), combined with a 
Recommended Determination (``RD'') to issue cease and desist orders 
(``CDOs'') against four defaulting enforcement respondents. The 
Commission is soliciting submissions on public interest issues raised 
by the recommended relief should the Commission find a violation of the 
GEO. This notice is soliciting comments from the public and interested 
government agencies only.

FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2043. 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: On November 9, 2023, the Commission 
determined to institute an enforcement proceeding under Commission Rule 
210.75 on behalf of complainant Meenaxi Enterprise Inc. (``Meenaxi'') 
to investigate alleged violations of the GEO by four respondents: (1) 
Bharat Bazar Inc. of Union City, California (``Bharat Bazaar''); (2) 
Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, California 
(``Coconut Hill''); (3) Organic Ingredients Inc. d/b/a Namaste Plaza 
Indian Super Market (``Organic Ingredients'') of San Diego, California; 
and (4) New India Bazar Inc. d/b/a New India Bazar of San Jose, 
California (``New India'') (collectively the ``Enforcement 
Respondents''). See Comm'n Notice (Nov. 9, 2023); see also 88 FR 78786-
87 (Nov. 16, 2023); 89 FR 15220 (Mar. 1, 2024).
    On January 10, 2024, the presiding ALJ issued an order directing 
the Enforcement Respondents to show cause why they should not be found 
in default and why judgment should not be rendered against them for 
failing to respond to the enforcement complaint and notice of 
investigation. See Order No. 6 (Jan. 10, 2024). Order No. 6 directed 
the Enforcement Respondents to make any showing of good cause by no 
later than February 2, 2024. Id. at 3. No party responded to Order No. 
6. See Order No. 8 at 1 (Feb. 13, 2024).
    On March 14, 2024, the Commission determined that the four 
Enforcement Respondents are in default. See Order No. 8 (Feb. 13, 
2024), unreviewed by Comm'n Notice (Mar. 14, 2024). On March 15, 2024, 
Meenaxi filed a motion requesting summary determination of violation of 
the GEO and the issuance of CDOs against the four Enforcement 
Respondents. See ID at 5. On August 16, 2024, the presiding ALJ issued 
the ID and RD granting Meenaxi's motion and recommending issuance of 
the requested CDOs.
    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 
of the GEO, specifically: CDOs against the four Enforcement 
Respondents: (1) Bharat Bazaar; (2) Coconut Hill; (3) Organic 
Ingredients; and (4) New India. Parties are to file public interest 
submissions pursuant to 19 CFR 210.50(a)(4).
    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public and interested government agencies 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 Recommended 
Determination. Comments should address whether issuance of the 
recommended CDOs in this investigation, should the Commission find a 
violation of the GEO, 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 
CDOs are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended CDOs;
    (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 are subject to CDOs;
    (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 CDOs within a 
commercially reasonable time; and
    (v) explain how the recommended CDOs would impact consumers in the 
United States.
    Written submissions must be filed no later than by close of 
business on September 9, 2024.
    Persons filing written submissions must file the original document

[[Page 68204]]

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 Enforcement'') in a 
prominent place on the cover page and/or the first page. (See Handbook 
for Electronic Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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. Any non-
party wishing to submit comments containing confidential information 
must serve those comments on the parties to the investigation pursuant 
to the applicable Administrative Protective Order. A redacted non-
confidential version of the document must also be filed simultaneously 
with any confidential filing and must be served in accordance with 
Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). 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 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: August 19, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-18913 Filed 8-22-24; 8:45 am]
BILLING CODE 7020-02-P