In the Matter of Certain Energy Drink Products; Notice of Issuance of a General Exclusion; Termination of the Investigation, 56556-56557 [2010-23045]

Download as PDF 56556 Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices National Register of Historic Places. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St., NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service, 1201 Eye St., NW., 8th floor, Washington, DC 20005; or by fax, 202–371–6447. Written or faxed comments should be submitted by October 1, 2010. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. J. Paul Loether, Chief, National Register of Historic Places/ National Historic Landmarks Program. Request for REMOVAL has been made for the following resource: INDIANA Brown County Grandview Church, Grandview Ridge Rd. SE of New Bellsville, New Bellsville, 91001160 [FR Doc. 2010–23174 Filed 9–15–10; 8:45 am] BILLING CODE 4312–51–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–468 and 731– TA–1166–1167 (Final)] mstockstill on DSKH9S0YB1PROD with NOTICES Certain Magnesia Carbon Bricks From China and Mexico Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (Commission) determines, pursuant to section 705(b) and 735(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b)) and 19 U.S.C. 1673d(b)) (the Act), that an industry in the United States is materially injured by reason of imports from China and Mexico of certain magnesia carbon bricks, provided for in subheadings 6902.10.10, 6902.10.50, 6815.91.99, and 6815.99.00 of the Harmonized Tariff Schedule of the United States, that have been found by the Department of Commerce 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Mar<15>2010 19:19 Sep 15, 2010 Jkt 220001 (Commerce) to be subsidized by the Government of China and to be sold in the United States at less than fair value (LTFV).2 3 INTERNATIONAL TRADE COMMISSION Background The Commission instituted these investigations effective July 29, 2009, following receipt of a petition filed with the Commission and Commerce by Resco Products Inc., Pittsburgh, PA. The final phase of the investigations was scheduled by the Commission following notification of preliminary determinations by Commerce that imports of certain magnesia carbon bricks from China were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and that imports of certain magnesia carbon bricks from China and Mexico were being sold at LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission’s investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 23, 2010 (75 FR 21346). The hearing was held in Washington, DC, on July 27, 2010, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on September 8, 2010. The views of the Commission are contained in USITC Publication 4182 (September 2010), entitled Certain Magnesia Carbon Bricks from China and Mexico: Investigation Nos. 701–TA–468 and 731–TA–1166– 1167 (Final). In the Matter of Certain Energy Drink Products; Notice of Issuance of a General Exclusion; Termination of the Investigation By order of the Commission. Issued: September 10, 2010. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–23062 Filed 9–15–10; 8:45 am] BILLING CODE 7020–02–P 2 The Commission also finds that imports subject to Commerce’s affirmative critical circumstances determination are not likely to undermine seriously the remedial effect of the antidumping duty order on China. 3 Chairman Deanna Tanner Okun, and Commissioners Daniel R. Pearson and Shara L. Aranoff determine that an industry in the United States is threatened with material injury by reason of imports of certain magnesia carbon bricks from China and determine that an industry in the United States is not materially injured or threatened with material injury, or that the establishment of an industry in the United States is materially retarded, by reason of imports from Mexico of certain magnesia carbon bricks. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 [Investigation No. 337–TA–678] U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has issued a general exclusion order in the above-captioned investigation and has terminated the investigation. SUMMARY: Jia Chen, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone 202– 708–3747. Copies of 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 (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION: This trademark and copyright-based investigation was instituted by the Commission on June 17, 2009, based on a complaint filed by Red Bull GmbH of Fuschl am See, Austria, and Red Bull North America, Inc. of Santa Monica, California (collectively, ‘‘Red Bull’’). 74 FR 28725 (Jun. 17, 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 D.C., Inc., a/k/a Washington Cash & Carry, of Washington, DC (‘‘Washington Food’’); Vending Plus, Inc. d/b/a Baltimore Beverage Co., of Glen Burnie, Maryland (‘‘Vending Plus’’); Posh Nosh Imports (USA), Inc. of South Kearny, New Jersey FOR FURTHER INFORMATION CONTACT: E:\FR\FM\16SEN1.SGM 16SEN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 179 / Thursday, September 16, 2010 / Notices (‘‘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, New York (‘‘Central Supply’’). The complaint further alleged that an industry in the United States exists as required by subsection (a)(2) of section 337. The asserted trademarks are U.S. Trademark Reg. Nos. 3,092,197; 2,946,045; 2,994,429; and 3,479,607. The asserted copyright is U.S. Copyright Registration No. VA0001410959. On January 5, 2010, the Commission determined not to review two initial determinations (‘‘IDs’’) (Order Nos. 21 and 22) finding Lamont and Avalon in default pursuant to Commission Rule 210.16. On January 28, 2010, the Commission determined not to review two additional 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. Wheeler Trading, Washington Food, India Imports, and Vending Plus were the only respondents that responded to the complaint and notice of investigation. On January 20, 2010, the Commission determined not to review four IDs (Order Nos. 24, 25, 26, and 27) terminating the investigation as to those respondents on the basis of settlement agreements. Thus, defaulting respondents Posh Nosh, Greenwich, Advantage Food, Chicago Imports, Avalon, Central Supply, and Lamont were the only respondents remaining in the investigation. On December 2, 2009, Red Bull moved for summary determination on the issues of domestic industry, 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 March 31, 2010, the presiding ALJ issued the subject 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, but not with respect to Lamont. He also issued his recommendations on remedy and bonding in Order No. 34. Specifically, VerDate Mar<15>2010 19:19 Sep 15, 2010 Jkt 220001 the ALJ recommended issuance of a general exclusion order and a bond of 100 percent. No petitions for review were filed. On May 14, 2010, the Commission issued notice of its determination not to review the ID granting summary determination of violation in part, and requesting briefing on remedy, the public interest, and bonding. On May 28, 2010, Red Bull submitted briefing on remedy, the public interest, and bonding. Specifically, Red Bull requested a general exclusion order. The IA also submitted briefing on May 28, 2010, in support of a general exclusion order. No other submissions were received. Having reviewed the record in this investigation, including the ALJ’s recommended determination, the Commission has determined that the appropriate relief is a general exclusion order prohibiting the unlicensed entry of certain energy drink products that (i) infringe U.S. Trademark Registration Nos. 3,092,197; 2,946,045; 2,994,429; or 3,479,607 or any marks confusingly similar thereto or that are otherwise misleading as to source, origin, or sponsorship, or (ii) bear Red Bull’s U.S. Copyright Registration No. VA0001410959 or a design confusingly similar thereto or that are otherwise misleading as to source, origin or sponsorship. The Commission has further determined that the public interest factors listed in section 337(d)(1) do not preclude issuance of the general exclusion order. Finally, the Commission has determined that the amount of bond to permit temporary importation during the period of Presidential review shall be in the amount of 100 percent of the value of the infringing products that are subject to the general exclusion order. The Commission’s order and opinion were delivered to the President and to the United States Trade Representative on the day they were issued. 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 210.49–50 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.49–50. Issued: September 8, 2010. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. 2010–23045 Filed 9–15–10; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 56557 DEPARTMENT OF JUSTICE Office of Justice Programs [OJP (OJP) Docket No. 1528] Meeting of the Department of Justice’s (DOJ’s) Global Justice Information Sharing Initiative Federal Advisory Committee Office of Justice Programs (OJP), Justice. ACTION: Notice of meeting. AGENCY: This is an announcement of a meeting of DOJ’s Global Justice Information Sharing Initiative (Global) Federal Advisory Committee (GAC) to discuss the Global Initiative, as described at http://www.it.ojp.gov/ global. SUMMARY: The meeting will take place on Thursday, October 7, 2010, from 8:30 a.m. to 12:30 p.m. ET. ADDRESSES: The meeting will take place at the Embassy Suites Washington, DC Convention Center Hotel, 900 10th Street, NW., Washington, DC 20001, Phone: (202) 739–2001. FOR FURTHER INFORMATION CONTACT: J. Patrick McCreary, Global Designated Federal Employee (DFE), Bureau of Justice Assistance, Office of Justice Programs, 810 7th Street, Washington, DC 20531; Phone: (202) 616–0532 [Note: This is not a toll-free number]; E-mail: James.P.McCreary@usdoj.gov. SUPPLEMENTARY INFORMATION: This meeting is open to the public. Due to security measures, however, members of the public who wish to attend this meeting must register with Mr. J. Patrick McCreary at the above address at least seven (7) days in advance of the meeting. Registrations will be accepted on a space available basis. Access to the meeting will not be allowed without registration. All attendees will be required to sign in at the meeting registration desk. Please bring photo identification and allow extra time prior to the meeting. Anyone requiring special accommodations should notify Mr. McCreary at least seven (7) days in advance of the meeting. DATES: Purpose The GAC will act as the focal point for justice information systems integration activities in order to facilitate the coordination of technical, funding, and legislative strategies in support of the Administration’s justice priorities. The GAC will guide and monitor the development of the Global information sharing concept. It will advise the Assistant Attorney General, OJP; the E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 75, Number 179 (Thursday, September 16, 2010)]
[Notices]
[Pages 56556-56557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23045]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-678]


In the Matter of Certain Energy Drink Products; Notice of 
Issuance of a General Exclusion; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has issued a general exclusion order in the above-captioned 
investigation and has terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Jia Chen, Esq., Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone 202-708-3747. Copies of 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 (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS) at http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: This trademark and copyright-based 
investigation was instituted by the Commission on June 17, 2009, based 
on a complaint filed by Red Bull GmbH of Fuschl am See, Austria, and 
Red Bull North America, Inc. of Santa Monica, California (collectively, 
``Red Bull''). 74 FR 28725 (Jun. 17, 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 D.C., Inc., a/k/a 
Washington Cash & Carry, of Washington, DC (``Washington Food''); 
Vending Plus, Inc. d/b/a Baltimore Beverage Co., of Glen Burnie, 
Maryland (``Vending Plus''); Posh Nosh Imports (USA), Inc. of South 
Kearny, New Jersey

[[Page 56557]]

(``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, New York (``Central Supply''). The complaint further alleged 
that an industry in the United States exists as required by subsection 
(a)(2) of section 337. The asserted trademarks are U.S. Trademark Reg. 
Nos. 3,092,197; 2,946,045; 2,994,429; and 3,479,607. The asserted 
copyright is U.S. Copyright Registration No. VA0001410959.
    On January 5, 2010, the Commission determined not to review two 
initial determinations (``IDs'') (Order Nos. 21 and 22) finding Lamont 
and Avalon in default pursuant to Commission Rule 210.16. On January 
28, 2010, the Commission determined not to review two additional 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.
    Wheeler Trading, Washington Food, India Imports, and Vending Plus 
were the only respondents that responded to the complaint and notice of 
investigation. On January 20, 2010, the Commission determined not to 
review four IDs (Order Nos. 24, 25, 26, and 27) terminating the 
investigation as to those respondents on the basis of settlement 
agreements. Thus, defaulting respondents Posh Nosh, Greenwich, 
Advantage Food, Chicago Imports, Avalon, Central Supply, and Lamont 
were the only respondents remaining in the investigation.
    On December 2, 2009, Red Bull moved for summary determination on 
the issues of domestic industry, 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 
March 31, 2010, the presiding ALJ issued the subject 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, but not with respect to Lamont. He 
also issued his recommendations on remedy and bonding in Order No. 34. 
Specifically, the ALJ recommended issuance of a general exclusion order 
and a bond of 100 percent. No petitions for review were filed.
    On May 14, 2010, the Commission issued notice of its determination 
not to review the ID granting summary determination of violation in 
part, and requesting briefing on remedy, the public interest, and 
bonding. On May 28, 2010, Red Bull submitted briefing on remedy, the 
public interest, and bonding. Specifically, Red Bull requested a 
general exclusion order. The IA also submitted briefing on May 28, 
2010, in support of a general exclusion order. No other submissions 
were received.
    Having reviewed the record in this investigation, including the 
ALJ's recommended determination, the Commission has determined that the 
appropriate relief is a general exclusion order prohibiting the 
unlicensed entry of certain energy drink products that (i) infringe 
U.S. Trademark Registration Nos. 3,092,197; 2,946,045; 2,994,429; or 
3,479,607 or any marks confusingly similar thereto or that are 
otherwise misleading as to source, origin, or sponsorship, or (ii) bear 
Red Bull's U.S. Copyright Registration No. VA0001410959 or a design 
confusingly similar thereto or that are otherwise misleading as to 
source, origin or sponsorship.
    The Commission has further determined that the public interest 
factors listed in section 337(d)(1) do not preclude issuance of the 
general exclusion order. Finally, the Commission has determined that 
the amount of bond to permit temporary importation during the period of 
Presidential review shall be in the amount of 100 percent of the value 
of the infringing products that are subject to the general exclusion 
order. The Commission's order and opinion were delivered to the 
President and to the United States Trade Representative on the day they 
were issued.
    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 210.49-50 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.49-50.

    Issued: September 8, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-23045 Filed 9-15-10; 8:45 am]
BILLING CODE 7020-02-P