Certain Chocolate Milk Powder and Packaging Thereof; Institution of Investigation, 77237-77238 [2020-26468]
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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
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,2 solely for cybersecurity
purposes. All nonconfidential written
submissions will be available for public
inspection at the Office of the Secretary
and on EDIS.3
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of §§ 201.10 and 210.8(c) of the
Commission’s Rules of Practice and
Procedure (19 CFR 201.10, 210.8(c)).
By order of the Commission.
Issued: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020–26509 Filed 11–30–20; 8:45 am]
BILLING CODE 7020–02–P
Authority: The authority for institution of
this investigation is contained in section 337
of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.10 (2020).
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1232]
Certain Chocolate Milk Powder and
Packaging Thereof; Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
October 29, 2020, under section 337 of
the Tariff Act of 1930, as amended, on
behalf of Meenaxi Enterprise Inc. of
Edison, New Jersey. A supplement was
filed on November 10, 2020. 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 chocolate
milk powder and packaging thereof by
reason of infringement of U.S.
Trademark Registration No. 4,206,026
(‘‘the ’026 trademark’’). The complaint
further alleges that an industry in the
United States exists as required by the
applicable Federal Statute.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue a
general exclusion order and cease and
desist orders.
khammond on DSKJM1Z7X2PROD with NOTICES4
SUMMARY:
2 All contract personnel will sign appropriate
nondisclosure agreements.
3 Electronic Document Information System
(EDIS): https://edis.usitc.gov.
VerDate Sep<11>2014
18:11 Nov 30, 2020
Jkt 253001
The complaint, except for
any confidential information contained
therein, may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. 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.
FOR FURTHER INFORMATION CONTACT:
Pathenia M. Proctor, The Office of
Unfair Import Investigation, U.S.
International Trade Commission,
telephone (202) 205–2560.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
November 24, 2020, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine 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 products
identified in paragraph (2) by reason of
infringement of the ’026 trademark; and
whether an industry in the United
States exists as required by subsection
(a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of
the Commission’s Rules of Practice and
Procedure, 19 CFR 210.10(b)(1), the
plain language description of the
accused products or category of accused
products, which defines the scope of the
investigation, is ‘‘chocolate milk powder
in consumer-sized container with the
Bournvita label’’;
(3) 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 complainant is: Meenaxi
Enterprise Inc., 86–88 Executive Ave.,
Edison, NJ 08817.
(b) The respondents are the following
entities alleged to be in violation of
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77237
section 337, and are the parties upon
which the complaint is to be served:
Bharat Bazar Inc., 34301 Alvarado Niled
Road, Union City, CA 94086
Madras Group Inc. d/b/a Madras
Groceries, 1177 West El Camino Real,
Sunnyvale, CA 94087
Coconut Hill Inc. d/b/a Coconut Hill,
554 Murphy Ave., Sunnyvale, CA
94086
Organic Food Inc. d/b/a Namaste Plaza
Indian Super Market, 3269 Walnut
Ave., Fremont, CA 94538
India Cash & Carry Inc. d/b/a India Cash
& Carry, 1032 E. El Camino Real,
Sunnyvale, CA 94087
New India Bazar Inc. d/b/a New India
Bazar, 2368 Bentley Ridge Dr, San
Jose, CA 94538
Aapka Big Bazar, 831–833 Newark
Avenue, Jersey City, NJ 07306
Siya Cash & Carry Inc. d/b/a Siya Cash
& Carry, 832 Newark Avenue, Jersey
City, NJ 07306
JFK Indian Grocery LLC d/b/a D-Mart
Super Market, 3000 Kennedy Blvd.,
Jersey City, NJ 07306
Trinethra Indian Super Markets, 39207
Cedar Blvd., Newark, CA 94560
Apna Bazar Cash & Carry Inc. d/b/a
Apna Bazar Cash & Carry, 1700 Oak
Tree Road, Edison, NJ 08820
Subzi Mandi Cash & Carry Inc. d/b/a
Subzi Mandi Cash & Carry, 1347
Stelton Road, Piscataway, NJ 08854
Subhlaxmi Grocers, 550 Stelton Road,
Piscataway, NJ 08854
Patidar Cash & Carry Inc. d/b/a Patidar
Cash & Carry, 128 Durham Ave.,
South Plainfield, NJ 07080
Keemat Grocers, 3311 Highway 6 S,
Sugarland, TX 77478
KGF World Food Warehouse Inc. d/b/a
World Food Mart, 14625 Beechnut St.,
Houston, TX 77083
Telfair Spices, 1219 Museum Square
Dr., Suite 100, Sugarland, TX 77479
Indian Groceries and Spices Inc. d/b/a
iShoplndia.com, 10701 W. North
Avenue, Suite 100, Milwaukee, WI
53226
Rani Foods LP d/b/a Rani’s World
Foods, 16721 Hollister Street, Suite Q,
Houston, TX 77066
Tathastu Trading LLC, 100 Ryan St. Ste
21, South Plainfield, NJ 07080
Choice Trading LLC, 7000 Kennedy
Blvd. East, Guttenberg, NJ 07093
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(4) For the investigation so instituted,
the 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
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77238
Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices
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(e) and 210.13(a), as
amended in 85 FR 15798 (March 19,
2020), such responses will be
considered by the Commission if
received not later than 20 days after the
date of service by the complainant 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: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020–26468 Filed 11–30–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1204]
Certain Chemical Mechanical
Planarization Slurries and Components
Thereof; Notice of a Commission
Determination Not To Review an Initial
Determination Granting Complainant’s
Motion To Amend the Complaint and
the Notice of Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 8) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainant’s motion to amend
the complaint and the notice of
investigation to correct the name of the
complainant.
khammond on DSKJM1Z7X2PROD with NOTICES4
SUMMARY:
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18:11 Nov 30, 2020
Jkt 253001
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–2392. 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
EDIS3Help@usitc.gov. 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 July 7,
2020, the Commission instituted this
investigation under section 337 of the
Tariff Act of 1930, as amended, 19
U.S.C. 1337 (‘‘section 337’’), based on a
complaint filed by Cabot
Microelectronics Corporation of Aurora,
Illinois (‘‘Cabot’’). 85 FR 40685–86 (Jul.
7, 2020). The complaint alleges a
violation 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 chemical mechanical
planarization slurries and components
thereof by reason of infringement of one
or more claims of U.S. Patent No.
9,499,721 (‘‘the ’721 patent’’). The
complaint also alleges the existence of
a domestic industry. The notice of
investigation names as respondents
DuPont de Nemours, Inc. of
Wilmington, Delaware; Rohm and Haas
Electronic Materials CMP Inc. of
Newark, Delaware; Rohm and Haas
Electronic Materials CMP Asia Inc. (d/
b/a Rohm and Haas Electronic Materials
CMP Asia Inc., Taiwan Branch (U.S.A.))
of Taoyuan City, Taiwan; Rohm and
Haas Electronic Materials Asia-Pacific
Co., Ltd. of Miaoli, Taiwan; Rohm and
Haas Electronic Materials K.K. of Tokyo,
Japan; and Rohm and Haas Electronic
Materials LLC of Marlborough,
Massachusetts. Id. at 40686. The
Commission’s Office of Unfair Import
Investigations is also named as a party
in this investigation. Id. Subsequently,
the Commission amended the complaint
and the notice of investigation to assert
infringement of additional claims of the
’721 patent. Order No. 7 (Oct. 1, 2020),
unreviewed by Notice (Oct. 19, 2020).
See 85 FR 67371–72 (Oct. 22, 2020).
On October 7, 2020, pursuant to 19
CFR 210.14(b)(1), Cabot filed a motion
for leave to ‘‘amend the Complaint and
the Notice of Institution of Investigation
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Frm 00100
Fmt 4703
Sfmt 4703
(‘NOI’) to change the name of
Complainant from Cabot
Microelectronics Corporation to CMC
Materials, Inc.’’ Mot. at 1. The motion
states that ‘‘[a]ll other parties stated that
they will not oppose this Motion.’’ Id.
No response was filed.
On November 10, 2020, the ALJ
issued the subject ID (Order No. 8)
granting complainant’s motion. The ID
finds that, based on the review of the
evidence, good cause exists to change
the name of the complainant from Cabot
Microelectronics Corporation to CMC
Materials, Inc. ID at 2. The ID further
finds that this amendment would not
prejudice the public interest or the
rights of the parties to the investigation.
Id. No party petitioned for review of the
ID.
The Commission has determined not
to review the subject ID.
The Commission vote for this
determination took place on November
24, 2020.
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 Part
210 of the Commission’s Rules of
Practice and Procedure, 19 CFR part
210.
By order of the Commission.
Issued: November 24, 2020.
William Bishop,
Supervisory Hearings and Information
Officer.
[FR Doc. 2020–26398 Filed 11–30–20; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1231]
Certain Digital Imaging Devices and
Products Containing the Same and
Components Thereof Institution of
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
September 25, 2020, under section 337
of the Tariff Act of 1930, as amended,
on behalf of Pictos Technologies, Inc. of
San Jose, California. An amended
complaint was filed on October 23,
2020, and supplemented on November
13, 2020 and November 16, 2020. The
complaint, as amended, alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
SUMMARY:
E:\FR\FM\01DEN1.SGM
01DEN1
]]>Agencies
[Federal Register Volume 85, Number 231 (Tuesday, December 1, 2020)]
[Notices]
[Pages 77237-77238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26468]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1232]
Certain Chocolate Milk Powder and Packaging Thereof; Institution
of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on October 29, 2020, under section
337 of the Tariff Act of 1930, as amended, on behalf of Meenaxi
Enterprise Inc. of Edison, New Jersey. A supplement was filed on
November 10, 2020. 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 chocolate milk powder and packaging thereof by reason of
infringement of U.S. Trademark Registration No. 4,206,026 (``the '026
trademark''). The complaint further alleges that an industry in the
United States exists as required by the applicable Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order and cease and desist orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email
[email protected]. 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.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigation, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation
is contained in section 337 of the Tariff Act of 1930, as amended,
19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2020).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on November 24, 2020, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine 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 products
identified in paragraph (2) by reason of infringement of the '026
trademark; and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``chocolate milk
powder in consumer-sized container with the Bournvita label'';
(3) 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 complainant is: Meenaxi Enterprise Inc., 86-88 Executive
Ave., Edison, NJ 08817.
(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:
Bharat Bazar Inc., 34301 Alvarado Niled Road, Union City, CA 94086
Madras Group Inc. d/b/a Madras Groceries, 1177 West El Camino Real,
Sunnyvale, CA 94087
Coconut Hill Inc. d/b/a Coconut Hill, 554 Murphy Ave., Sunnyvale, CA
94086
Organic Food Inc. d/b/a Namaste Plaza Indian Super Market, 3269 Walnut
Ave., Fremont, CA 94538
India Cash & Carry Inc. d/b/a India Cash & Carry, 1032 E. El Camino
Real, Sunnyvale, CA 94087
New India Bazar Inc. d/b/a New India Bazar, 2368 Bentley Ridge Dr, San
Jose, CA 94538
Aapka Big Bazar, 831-833 Newark Avenue, Jersey City, NJ 07306
Siya Cash & Carry Inc. d/b/a Siya Cash & Carry, 832 Newark Avenue,
Jersey City, NJ 07306
JFK Indian Grocery LLC d/b/a D-Mart Super Market, 3000 Kennedy Blvd.,
Jersey City, NJ 07306
Trinethra Indian Super Markets, 39207 Cedar Blvd., Newark, CA 94560
Apna Bazar Cash & Carry Inc. d/b/a Apna Bazar Cash & Carry, 1700 Oak
Tree Road, Edison, NJ 08820
Subzi Mandi Cash & Carry Inc. d/b/a Subzi Mandi Cash & Carry, 1347
Stelton Road, Piscataway, NJ 08854
Subhlaxmi Grocers, 550 Stelton Road, Piscataway, NJ 08854
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry, 128 Durham Ave.,
South Plainfield, NJ 07080
Keemat Grocers, 3311 Highway 6 S, Sugarland, TX 77478
KGF World Food Warehouse Inc. d/b/a World Food Mart, 14625 Beechnut
St., Houston, TX 77083
Telfair Spices, 1219 Museum Square Dr., Suite 100, Sugarland, TX 77479
Indian Groceries and Spices Inc. d/b/a iShoplndia.com, 10701 W. North
Avenue, Suite 100, Milwaukee, WI 53226
Rani Foods LP d/b/a Rani's World Foods, 16721 Hollister Street, Suite
Q, Houston, TX 77066
Tathastu Trading LLC, 100 Ryan St. Ste 21, South Plainfield, NJ 07080
Choice Trading LLC, 7000 Kennedy Blvd. East, Guttenberg, NJ 07093
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the 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
[[Page 77238]]
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(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainant 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: November 25, 2020.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2020-26468 Filed 11-30-20; 8:45 am]
BILLING CODE 7020-02-P
