In the Matter of Certain Energy Drink Products; Notice of Investigation, 28725 [E9-14205]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Page 28725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14205]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-678]


In the Matter of Certain Energy Drink Products; Notice of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 15, 2009, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Red 
Bull GmbH of Austria and Red Bull North America, Inc. of Santa Monica, 
California. The complainants filed a letter supplementing the complaint 
on June 1, 2009. 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 
energy drink products that infringe 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 further alleges that an 
industry in the United States exists as required by subsection (a)(2) 
of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order and cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, are 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., Room 
112, Washington, DC 20436, telephone 202-205-2000. 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. The 
public record for this investigation may be viewed on the Commission's 
electronic docket (EDIS) at https://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2572.
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2009).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 11, 2009, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) Whether there is a violation of subsection (a)(1)(B) 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 energy drink products by reason of infringement of U.S. 
Copyright Registration No. VA0001410959, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337; 
and
    (b) 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 energy drink products by reason of infringement of U.S. 
Trademark Registration Nos. 3,092,197; 2,946,045; 2,994,429; or 
3,479,607, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337; and
    (2) 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 complainants are--

Red Bull GmbH, Am Brunnen 1, Fuschl am See, 5330 Austria;
Red Bull North America, Inc., 1740 Stewart Street, Santa Monica, CA 
90404.

    (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:

Chicago Import Inc., 3801-11 West Laurence Avenue, Chicago, IL 60625;
Lamont Dist., Inc., a/k/a Lamont Distributors Inc. 5 Lamont Court Suite 
3Am, Brooklyn, NY 11225;
India Imports, Inc., a/k/a International Wholesale Club, 2901 Richland 
Avenue, Metairie, LA 70002;
Washington Food and Supply of D.C., Inc., a/k/a Washington Cash & 
Carry, 1270 4th Street NE., Washington, DC 20002;
Vending Plus, Inc., 2409 Peppermill Drive, Unit J, Glen Burnie, MD 
21061;
Baltimore Beverage Co., 2409 Peppermill Drive., Unit J, Glen Burnie, MD 
21061.

    (c) The Commission investigative attorney, party to this 
investigation, is Juan Cockburn, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, Paul J. Luckern, 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 
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(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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: June 12, 2009.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-14205 Filed 6-16-09; 8:45 am]
BILLING CODE 7020-02-P