In the Matter of Certain Energy Drink Products; Notice of Commission Decision Not To Review an Initial Determination of Violation of Section 337; Schedule for Submissions on Remedy, Public Interest, and Bonding, 28285-28286 [2010-12102]
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Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005, 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission. The
Commission is therefore interested in
receiving submissions concerning the
amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: The parties to
the investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding. All
parties are requested to submit proposed
remedial orders for the Commission’s
consideration. Complainants are
requested to state the dates that the
patents expire and the HTSUS numbers
under which the accused products are
imported. The written submissions and
proposed remedial orders must be filed
no later than close of business on June
2, 2010. Reply submissions, if any, must
be filed no later than the close of
business on June 11, 2010. No further
submissions on these issues will be
permitted unless otherwise ordered by
the Commission.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Any person desiring to
submit a document to the Commission
in confidence must request confidential
treatment unless the information has
already been granted such treatment
during the proceedings. All such
requests should be directed to the
Secretary of the Commission and must
include a full statement of the reasons
why the Commission should grant such
treatment. See 19 CFR *201.6.
Documents for which confidential
treatment by the Commission is sought
will be treated accordingly. All
nonconfidential written submissions
will be available for public inspection at
the Office of the Secretary.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
section 210.42 of the Commission’s
Rules of Practice and Procedure (19 CFR
210.42).
By order of the Commission.
Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–12103 Filed 5–19–10; 8:45 am]
BILLING CODE 7020–02–P
VerDate Mar<15>2010
15:45 May 19, 2010
Jkt 220001
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–678]
In the Matter of Certain Energy Drink
Products; Notice of Commission
Decision Not To Review an Initial
Determination of Violation of Section
337; Schedule for Submissions on
Remedy, Public Interest, and Bonding
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
SUMMARY: Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review a final initial determination
(‘‘final ID’’) (Order No. 34) issued by the
presiding administrative law judge
(‘‘ALJ’’) finding a violation of Section
337 of the Tariff Act of 1930, as
amended (‘‘section 337’’) in the aboveidentified investigation.
FOR FURTHER INFORMATION CONTACT:
James A. Worth, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone 202–
205–3065. Copies of the public version
of the ID and all nonconfidential
documents filed in connection with this
investigation are or will be 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., Washington, DC 20436,
telephone 202–205–2000. Hearingimpaired persons are advised that
information on this matter can be
obtained by contacting the
Commission’s TDD terminal on 202–
205–1810. General information
concerning the Commission may also be
obtained by accessing its Internet server
(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.
SUPPLEMENTARY INFORMATION: On June
17, 2009, the Commission instituted this
investigation, based on a complaint filed
by Red Bull GmbH of Fuschl am See,
Austria, and Red Bull North America of
Santa Monica, California (collectively,
‘‘Red Bull’’) filed on May 15, 2009, and
supplemented on June 1, 2009. The
respondents named in the notice of
investigation were: Chicago Import Inc.,
of Chicago, Illinois (‘‘Chicago Import’’);
Lamont Distr., Inc., a/k/a Lamont
Distributors Inc., of Brooklyn, New York
(‘‘Lamont’’); India Imports, Inc., a/k/a
International Wholesale Club of
Metairie, Louisiana (‘‘India Imports’’);
Washington Food and Supply of DC,
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
28285
Inc., a/k/a Washington Cash & Carry of
Washington, DC (‘‘Washington Food’’);
Vending Plus, Inc., of Glen Burnie,
Maryland; and Baltimore Beverage Co.,
Glen Burnie, Maryland. The complaint
alleged violations of Section 337 of the
Tariff Act of 1930, as amended, by
reason of the importation, the sale for
importation, or the sale after
importation, of certain energy drink
products that infringe U.S. Trademark
Registration Nos. 3,092,197; 2,946,045;
2,2994,429; 3,479,607 and U.S.
Copyright Registration No.
VA0001410959. The complaint further
alleged that an industry in the United
States exists as required by subsection
(a)(2) of section 337. On August 12,
2009, the Commission determined not
to review an ID (Order No. 7) granting
a motion to amend the notice of
investigation to clarify that Vending
Plus, Inc., and Baltimore Beverage Co.,
comprise a single entity, Vending Plus,
Inc. d/b/a Baltimore Beverage Co.
(‘‘Vending Plus’’). On September 30,
2009, the Commission determined not
to review an ID (Order No. 11) granting
a motion to amend the notice of
investigation to include the following
additional respondents: Posh Nosh
Imports (USA), Inc., of South Kearny,
New Jersey (‘‘Posh Nosh’’); Greenwich,
Inc., of Florham Park, New Jersey
(‘‘Greenwich’’); Advantage Food
Distributors Ltd., of Suffolk, UK
(‘‘Advantage Food’’); Wheeler Trading,
Inc., of Miramar, Florida (‘‘Wheeler
Trading’’); Avalon International General
Trading, LLC, of Dubai, United Arab
Emirates (‘‘Avalon’’); and Central
Supply, Inc., of Brooklyn, NY (‘‘Central
Supply’’).
On January 5, 2010, the Commission
determined not to review IDs (Order
Nos. 21 and 22) finding Lamont and
Avalon in default pursuant to
Commission Rule 210.16. On January
20, 2010, the Commission determined
not to review four IDs (Order Nos. 24,
25, 26, and 27) terminating the
investigation as to respondents Wheeler
Trading, Washington Food, India
Imports, and Vending Plus on the basis
of settlement agreements. On January
28, 2010, the Commission determined
not to review IDs (Order Nos. 29 and 30)
finding respondents Posh Nosh,
Greenwich, Advantage Food, and
Chicago Imports in default pursuant to
Commission Rule 210.16. On February
16, 2010, the Commission determined
not to review an ID (Order No. 32)
finding respondent Central Supply in
default pursuant to Commission Rule
210.16.
On December 2, 2009, Red Bull
moved for summary determination on
the issues of domestic industry,
E:\FR\FM\20MYN1.SGM
20MYN1
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
28286
Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices
importation, and violation of Section
337. Pursuant to Commission Rule
210.16(c)(2), 19 CFR 216(c)(2), Red Bull
also stated that it was seeking a general
exclusion order. On December 23, 2009,
the Commission investigative attorney
submitted a response, in support of a
finding that domestic industry exists
and that Section 337 has been violated
by defaulting respondents Avalon, Posh
Nosh, Greenwich, Advantage Food,
Central Supply, and Chicago Import, but
not by respondent Lamont. On January
13, 2010, and again on March 10, 2010,
Red Bull filed without objection
supplemental declarations and
attachments to its motion for summary
determination.
On March 31, 2010, the presiding
administrative law judge issued the
subject final ID, Order No. 34, granting
Red Bull’s motion for summary
determination of violation with respect
to respondents Avalon, Posh Nosh,
Greenwich, Advantage Food, Central
Supply, and Chicago Import. He also
recommended a general exclusion order
and a 100 percent bond to permit
importation during the Presidential
review period.
No petitions for review were filed.
The Commission has determined not to
review Order No. 34.
In connection with the final
disposition of this investigation, the
Commission may (1) issue an order that
could result in the exclusion of the
subject articles from entry into the
United States, and/or (2) issue one or
more cease and desist orders that could
result in the respondent being required
to cease and desist from engaging in
unfair acts in the importation and sale
of such articles. Accordingly, the
Commission is interested in receiving
written submissions that address the
form of remedy, if any, that should be
ordered. If a party seeks exclusion of an
article from entry into the United States
for purposes other than entry for
consumption, the party should so
indicate and provide information
establishing that activities involving
other types of entry either are adversely
affecting it or likely to do so. For
background, see In the Matter of Certain
Devices for Connecting Computers via
Telephone Lines, Inv. No. 337–TA–360,
USITC Pub. No. 2843 (December 1994)
(Commission Opinion).
If the Commission contemplates some
form of remedy, it must consider the
effects of that remedy upon the public
interest. The factors the Commission
will consider include the effect that an
exclusion order and/or cease and desist
orders would have on (1) the public
health and welfare, (2) competitive
conditions in the U.S. economy, (3) U.S.
VerDate Mar<15>2010
15:45 May 19, 2010
Jkt 220001
production of articles that are like or
directly competitive with those that are
subject to investigation, and (4) U.S.
consumers. The Commission is
therefore interested in receiving written
submissions that address the
aforementioned public interest factors
in the context of this investigation.
If the Commission orders some form
of remedy, the U.S. Trade
Representative, as delegated by the
President, has 60 days to approve or
disapprove the Commission’s action.
See Presidential Memorandum of July
21, 2005. 70 FR 43251 (July 26, 2005).
During this period, the subject articles
would be entitled to enter the United
States under bond, in an amount
determined by the Commission and
prescribed by the Secretary of the
Treasury. The Commission is therefore
interested in receiving submissions
concerning the amount of the bond that
should be imposed if a remedy is
ordered.
Written Submissions: Parties to the
investigation, interested government
agencies, and any other interested
parties are encouraged to file written
submissions on the issues of remedy,
the public interest, and bonding.
Complainants and the Commission
investigative attorney are also requested
to submit proposed remedial orders for
the Commission’s consideration.
Complainants are also requested to state
the HTSUS numbers under which the
accused products are imported.
Written submissions must be filed no
later than close of business on May 28,
2010. Reply submissions must be filed
no later than the close of business on
June 7, 2010. Such submissions should
address the ALJ’s recommended
determinations on remedy and bonding
which were made in Order No. 34. No
further submissions on any of these
issues will be permitted unless
otherwise ordered by the Commission.
Persons filing written submissions
must file the original document and 12
true copies thereof on or before the
deadlines stated above with the Office
of the Secretary. Any person desiring to
submit a document to the Commission
in confidence must request confidential
treatment unless the information has
already been granted such treatment
during the investigation. All such
requests should be directed to the
Secretary to the Commission and must
include a full statement of the reasons
why the Commission should grant such
treatment. See 19 CFR *201.6.
Documents for which confidential
treatment by the Commission is sought
will be treated accordingly. All
nonconfidential written submissions
PO 00000
Frm 00057
Fmt 4703
Sfmt 9990
will be available for public inspection at
the Office of the Secretary.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in
sections 210.16 and 210.42–46 of the
Commission’s Rules of Practice and
Procedure (19 CFR 210.16; 210.42–46).
By order of the Commission.
Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–12102 Filed 5–19–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[USITC SE–10–016]
Government in the Sunshine Act
Meeting Notice
United
States International Trade Commission.
AGENCY HOLDING THE MEETING:
TIME AND DATE:
May 26, 2010 at 11 a.m.
PLACE: Room 101, 500 E Street, SW.,
Washington, DC 20436, Telephone:
(202) 205–2000.
STATUS:
Open to the public.
MATTERS TO BE CONSIDERED:
1. Agenda for future meetings: None.
2. Minutes.
3. Ratification List.
4. Inv. No. 731–TA–149 (Third
Review) (Barium Chloride from
China)—briefing and vote. (The
Commission is currently scheduled to
transmit its determination and
Commissioners’ opinions to the
Secretary of Commerce on or before
June 9, 2010.)
5. Outstanding action jackets: None.
In accordance with Commission
policy, subject matter listed above, not
disposed of at the scheduled meeting,
may be carried over to the agenda of the
following meeting.
By order of the Commission:
Issued: May 18, 2010.
William R. Bishop,
Hearings and Meetings Coordinator.
[FR Doc. 2010–12329 Filed 5–18–10; 4:15 pm]
BILLING CODE 7020–02–P
E:\FR\FM\20MYN1.SGM
20MYN1
]]>Agencies
[Federal Register Volume 75, Number 97 (Thursday, May 20, 2010)]
[Notices]
[Pages 28285-28286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12102]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-678]
In the Matter of Certain Energy Drink Products; Notice of
Commission Decision Not To Review an Initial Determination of Violation
of Section 337; Schedule for Submissions on Remedy, Public Interest,
and Bonding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review a final initial determination
(``final ID'') (Order No. 34) issued by the presiding administrative
law judge (``ALJ'') finding a violation of Section 337 of the Tariff
Act of 1930, as amended (``section 337'') in the above-identified
investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone 202-205-3065. Copies of the public
version of the ID and all nonconfidential documents filed in connection
with this investigation are or will be 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.,
Washington, DC 20436, telephone 202-205-2000. Hearing-impaired persons
are advised that information on this matter can be obtained by
contacting the Commission's TDD terminal on 202-205-1810. General
information concerning the Commission may also be obtained by accessing
its Internet server (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.
SUPPLEMENTARY INFORMATION: On June 17, 2009, the Commission instituted
this investigation, based on a complaint filed by Red Bull GmbH of
Fuschl am See, Austria, and Red Bull North America of Santa Monica,
California (collectively, ``Red Bull'') filed on May 15, 2009, and
supplemented on June 1, 2009. The respondents named in the notice of
investigation were: Chicago Import Inc., of Chicago, Illinois
(``Chicago Import''); Lamont Distr., Inc., a/k/a Lamont Distributors
Inc., of Brooklyn, New York (``Lamont''); India Imports, Inc., a/k/a
International Wholesale Club of Metairie, Louisiana (``India
Imports''); Washington Food and Supply of DC, Inc., a/k/a Washington
Cash & Carry of Washington, DC (``Washington Food''); Vending Plus,
Inc., of Glen Burnie, Maryland; and Baltimore Beverage Co., Glen
Burnie, Maryland. The complaint alleged violations of Section 337 of
the Tariff Act of 1930, as amended, by reason of the importation, the
sale for importation, or the sale after importation, of certain energy
drink products that infringe U.S. Trademark Registration Nos.
3,092,197; 2,946,045; 2,2994,429; 3,479,607 and U.S. Copyright
Registration No. VA0001410959. The complaint further alleged that an
industry in the United States exists as required by subsection (a)(2)
of section 337. On August 12, 2009, the Commission determined not to
review an ID (Order No. 7) granting a motion to amend the notice of
investigation to clarify that Vending Plus, Inc., and Baltimore
Beverage Co., comprise a single entity, Vending Plus, Inc. d/b/a
Baltimore Beverage Co. (``Vending Plus''). On September 30, 2009, the
Commission determined not to review an ID (Order No. 11) granting a
motion to amend the notice of investigation to include the following
additional respondents: Posh Nosh Imports (USA), Inc., of South Kearny,
New Jersey (``Posh Nosh''); Greenwich, Inc., of Florham Park, New
Jersey (``Greenwich''); Advantage Food Distributors Ltd., of Suffolk,
UK (``Advantage Food''); Wheeler Trading, Inc., of Miramar, Florida
(``Wheeler Trading''); Avalon International General Trading, LLC, of
Dubai, United Arab Emirates (``Avalon''); and Central Supply, Inc., of
Brooklyn, NY (``Central Supply'').
On January 5, 2010, the Commission determined not to review IDs
(Order Nos. 21 and 22) finding Lamont and Avalon in default pursuant to
Commission Rule 210.16. On January 20, 2010, the Commission determined
not to review four IDs (Order Nos. 24, 25, 26, and 27) terminating the
investigation as to respondents Wheeler Trading, Washington Food, India
Imports, and Vending Plus on the basis of settlement agreements. On
January 28, 2010, the Commission determined not to review IDs (Order
Nos. 29 and 30) finding respondents Posh Nosh, Greenwich, Advantage
Food, and Chicago Imports in default pursuant to Commission Rule
210.16. On February 16, 2010, the Commission determined not to review
an ID (Order No. 32) finding respondent Central Supply in default
pursuant to Commission Rule 210.16.
On December 2, 2009, Red Bull moved for summary determination on
the issues of domestic industry,
[[Page 28286]]
importation, and violation of Section 337. Pursuant to Commission Rule
210.16(c)(2), 19 CFR 216(c)(2), Red Bull also stated that it was
seeking a general exclusion order. On December 23, 2009, the Commission
investigative attorney submitted a response, in support of a finding
that domestic industry exists and that Section 337 has been violated by
defaulting respondents Avalon, Posh Nosh, Greenwich, Advantage Food,
Central Supply, and Chicago Import, but not by respondent Lamont. On
January 13, 2010, and again on March 10, 2010, Red Bull filed without
objection supplemental declarations and attachments to its motion for
summary determination.
On March 31, 2010, the presiding administrative law judge issued
the subject final ID, Order No. 34, granting Red Bull's motion for
summary determination of violation with respect to respondents Avalon,
Posh Nosh, Greenwich, Advantage Food, Central Supply, and Chicago
Import. He also recommended a general exclusion order and a 100 percent
bond to permit importation during the Presidential review period.
No petitions for review were filed. The Commission has determined
not to review Order No. 34.
In connection with the final disposition of this investigation, the
Commission may (1) issue an order that could result in the exclusion of
the subject articles from entry into the United States, and/or (2)
issue one or more cease and desist orders that could result in the
respondent being required to cease and desist from engaging in unfair
acts in the importation and sale of such articles. Accordingly, the
Commission is interested in receiving written submissions that address
the form of remedy, if any, that should be ordered. If a party seeks
exclusion of an article from entry into the United States for purposes
other than entry for consumption, the party should so indicate and
provide information establishing that activities involving other types
of entry either are adversely affecting it or likely to do so. For
background, see In the Matter of Certain Devices for Connecting
Computers via Telephone Lines, Inv. No. 337-TA-360, USITC Pub. No. 2843
(December 1994) (Commission Opinion).
If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest. The
factors the Commission will consider include the effect that an
exclusion order and/or cease and desist orders would have on (1) the
public health and welfare, (2) competitive conditions in the U.S.
economy, (3) U.S. production of articles that are like or directly
competitive with those that are subject to investigation, and (4) U.S.
consumers. The Commission is therefore interested in receiving written
submissions that address the aforementioned public interest factors in
the context of this investigation.
If the Commission orders some form of remedy, the U.S. Trade
Representative, as delegated by the President, has 60 days to approve
or disapprove the Commission's action. See Presidential Memorandum of
July 21, 2005. 70 FR 43251 (July 26, 2005). During this period, the
subject articles would be entitled to enter the United States under
bond, in an amount determined by the Commission and prescribed by the
Secretary of the Treasury. The Commission is therefore interested in
receiving submissions concerning the amount of the bond that should be
imposed if a remedy is ordered.
Written Submissions: Parties to the investigation, interested
government agencies, and any other interested parties are encouraged to
file written submissions on the issues of remedy, the public interest,
and bonding. Complainants and the Commission investigative attorney are
also requested to submit proposed remedial orders for the Commission's
consideration. Complainants are also requested to state the HTSUS
numbers under which the accused products are imported.
Written submissions must be filed no later than close of business
on May 28, 2010. Reply submissions must be filed no later than the
close of business on June 7, 2010. Such submissions should address the
ALJ's recommended determinations on remedy and bonding which were made
in Order No. 34. No further submissions on any of these issues will be
permitted unless otherwise ordered by the Commission.
Persons filing written submissions must file the original document
and 12 true copies thereof on or before the deadlines stated above with
the Office of the Secretary. Any person desiring to submit a document
to the Commission in confidence must request confidential treatment
unless the information has already been granted such treatment during
the investigation. All such requests should be directed to the
Secretary to the Commission and must include a full statement of the
reasons why the Commission should grant such treatment. See 19 CFR
*201.6. Documents for which confidential treatment by the Commission is
sought will be treated accordingly. All nonconfidential written
submissions will be available for public inspection at the Office of
the Secretary.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in sections 210.16 and 210.42-46 of the Commission's Rules of Practice
and Procedure (19 CFR 210.16; 210.42-46).
By order of the Commission.
Issued: May 14, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-12102 Filed 5-19-10; 8:45 am]
BILLING CODE 7020-02-P
