Certain Chocolate Milk Powder and Packaging Thereof; Notice of Request for Submissions on the Public Interest, 70146-70147 [2021-26626]

Download as PDF 70146 Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Notices INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1232] Certain Chocolate Milk Powder and Packaging Thereof; Notice of Request for Submissions on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that on December 1, 2021, the presiding administrative law judge (‘‘ALJ’’) issued an Initial Determination Granting Complainant Meenaxi Inc.’s Motion for Summary Determination of Violation by the Defaulting Respondents, and a Recommended Determination on Remedy and Bonding (‘‘ID/RD’’). The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public only. FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2532. 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: 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: SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES 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. All of the respondents in this VerDate Sep<11>2014 17:41 Dec 08, 2021 Jkt 256001 investigation have previously been found in default.1 Notice at 2 (Mar. 2, 2021). The ALJ recommended the issuance of a general exclusion order (‘‘GEO’’) directed to certain chocolate milk powder and packaging thereof that infringe U.S. Trademark Registration No. 4,206,026, which protects the word mark BOURNVITA. The ALJ further recommended that bond during the Presidential review period be set at one hundred percent (100%) of the entered value of subject products. 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 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 ID/RD. Comments should address whether issuance of the recommended remedial orders in this investigation, should the Commission find a violation, 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 remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the 1 Bharat Bazar Inc. of Union City, California; Madras Group Inc. d/b/a Madras Groceries of Sunnyvale, California; Organic Food d/b/a Namaste Plaza Indian Super Market of Fremont, California; India Cash & Carry of Sunnyvale California; New India Bazar Inc. d/b/a New India Bazar of San Jose, California; Aapka Big Bazar of Jersey City, New Jersey; Siya Cash & Carry Inc. d/b/a Siya Cash & Carry of Newark, New Jersey; JFK Indian Grocery LLC d/b/a D-Mart Super Market of Jersey City, New Jersey; Trinethra Indian Super Markets of Newark, California; Apna Bazar Cash & Carry Inc. d/b/a Apna Bazar Cash & Carry of Edison, New Jersey; Subzi Mandi Cash & Carry Inc. d/b/a Mandi Cash & Carry of Piscataway, New Jersey; Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry of South Plainfield, New Jersey; Keemat Grocers of Sugarland, Texas; KGF World Food Warehouse Inc. d/b/a World Food Mart of Houston, Texas; Telfair Spices of Sugarland Texas; Indian Groceries and Spices Inc. d/b/a iShopIndia.com of Milwaukee, Wisconsin; Rani Foods LP d/b/a Rani’s World Foods of Houston, Texas; Tathastu Trading LLC of South Plainfield, New Jersey; and Choice Trading LLC of Guttenberg, New Jersey (collectively, the ‘‘Defaulting Respondents’’). PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or thirdparty suppliers have the capacity to replace the volume of articles potentially subject to the recommended orders within a commercially reasonable time; and (v) explain how the recommended orders would impact consumers in the United States. Written submissions must be filed no later than by close of business on December 31, 2021. Persons filing written submissions must file the original document 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’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, https://www.usitc.gov/ documents/handbook_on_filing_ procedures.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. A redacted nonconfidential version of the document must also be filed simultaneously with any confidential filing. 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 E:\FR\FM\09DEN1.SGM 09DEN1 70147 Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Notices 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: December 3, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–26626 Filed 12–8–21; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 701–TA–665 (Final)] Certain Mobile Access Equipment and Subassemblies Thereof From China; Determination On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that an industry in the United States is threatened with material injury by reason of imports of certain mobile access equipment and subassemblies thereof (‘‘mobile access equipment’’) from China, provided for in subheadings 8427.10.80, 8427.20.80, 8427.90.00, and 8431.20.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (‘‘Commerce’’) to be subsidized by the government of China.2 khammond on DSKJM1Z7X2PROD with NOTICES Background The Commission instituted this investigation effective February 26, 2021, following receipt of a petition filed with the Commission and Commerce by the Coalition of American Manufacturers of Mobile Access Equipment (‘‘CAMMAE’’ or ‘‘the Coalition’’).3 The Commission scheduled the final phase of the investigation following notification of a preliminary determination by Commerce that imports of mobile access equipment from China were being subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)). Notice of the scheduling of the final phase of the Commission’s investigation and of a public hearing to 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 2 86 FR 57809 (October 19, 2021). 3 The Coalition is composed of JLG Industries, Inc. (‘‘JLG’’), Hagerstown, Maryland and Terex Corporation (‘‘Terex’’), Redmond, Washington. VerDate Sep<11>2014 17:41 Dec 08, 2021 Jkt 256001 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 August 12, 2021 (86 FR 44402). In light of the restrictions on access to the Commission building due to the COVID–19 pandemic, the Commission conducted its hearing through written testimony and video conference on October 12, 2021. All persons who requested the opportunity were permitted to participate. The Commission made this determination pursuant to § 705(b) of the Act (19 U.S.C. 1671d(b)). It completed and filed its determination in this investigation on December 3, 2021. The views of the Commission are contained in USITC Publication 5242 (December 2021), entitled Certain Mobile Access Equipment and Subassemblies Thereof from China: Investigation No. 701–TA–665 (Final). By order of the Commission. Issued: December 3, 2021. Lisa Barton, Secretary to the Commission. [FR Doc. 2021–26623 Filed 12–8–21; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA–938] Importer of Controlled Substances Application: Catalent Pharma Solutions, LLC be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All request for a hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/OALJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION: In accordance with 21 CFR 1301.34(a), this is notice that on September 10, 2021, Catalent Pharma Solutions LLC, 3031 Red Lion Road, Philadelphia, Pennsylvania 19114, applied to be registered as an importer of the following basic class(es) of controlled substance(s): Drug code Controlled substance Psilocybin ...................... Psilocyn ......................... I 7437 7438 Schedule I I I The company plans to import the above controlled substances as finished dosage unit products for clinical trials, research, and analytical activities. No other activity for these drug codes is authorized for this registration. Approval of permit applications will occur only when the registrant’s business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of Food and Drug Administration-approved or nonapproved finished dosage forms for commercial sale. Brian S. Besser, Acting Assistant Administrator. Drug Enforcement Administration, Justice. ACTION: Notice of application. AGENCY: [FR Doc. 2021–26678 Filed 12–8–21; 8:45 am] BILLING CODE P Catalent Pharma Solutions, LLC has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to Supplemental Information listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before January 10, 2022. Such persons may also file a written request for a hearing on the application on or before January 10, 2022. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for a hearing must SUMMARY: PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA 937] Importer of Controlled Substances Application: Fresenius Kabi USA, LLC Drug Enforcement Administration, Justice. ACTION: Notice of application. AGENCY: Fresenius Kabi USA, LLC has applied to be registered as an importer of basic class(es) of controlled substance(s). Refer to Supplemental Information listed below for further drug information. DATES: Registered bulk manufacturers of the affected basic class(es), and SUMMARY: E:\FR\FM\09DEN1.SGM 09DEN1

Agencies

[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Pages 70146-70147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26626]



[[Page 70146]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1232]


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

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that on December 1, 2021, the presiding 
administrative law judge (``ALJ'') issued an Initial Determination 
Granting Complainant Meenaxi Inc.'s Motion for Summary Determination of 
Violation by the Defaulting Respondents, and a Recommended 
Determination on Remedy and Bonding (``ID/RD''). The Commission is 
soliciting submissions on public interest issues raised by the 
recommended relief should the Commission find a violation. This notice 
is soliciting comments from the public only.

FOR FURTHER INFORMATION CONTACT: Sidney A. Rosenzweig, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2532. 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: 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. All of the respondents in this investigation have previously 
been found in default.\1\ Notice at 2 (Mar. 2, 2021). The ALJ 
recommended the issuance of a general exclusion order (``GEO'') 
directed to certain chocolate milk powder and packaging thereof that 
infringe U.S. Trademark Registration No. 4,206,026, which protects the 
word mark BOURNVITA. The ALJ further recommended that bond during the 
Presidential review period be set at one hundred percent (100%) of the 
entered value of subject products. Parties are to file public interest 
submissions pursuant to 19 CFR 210.50(a)(4).
---------------------------------------------------------------------------

    \1\ Bharat Bazar Inc. of Union City, California; Madras Group 
Inc. d/b/a Madras Groceries of Sunnyvale, California; Organic Food 
d/b/a Namaste Plaza Indian Super Market of Fremont, California; 
India Cash & Carry of Sunnyvale California; New India Bazar Inc. d/
b/a New India Bazar of San Jose, California; Aapka Big Bazar of 
Jersey City, New Jersey; Siya Cash & Carry Inc. d/b/a Siya Cash & 
Carry of Newark, New Jersey; JFK Indian Grocery LLC d/b/a D-Mart 
Super Market of Jersey City, New Jersey; Trinethra Indian Super 
Markets of Newark, California; Apna Bazar Cash & Carry Inc. d/b/a 
Apna Bazar Cash & Carry of Edison, New Jersey; Subzi Mandi Cash & 
Carry Inc. d/b/a Mandi Cash & Carry of Piscataway, New Jersey; 
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry of South 
Plainfield, New Jersey; Keemat Grocers of Sugarland, Texas; KGF 
World Food Warehouse Inc. d/b/a World Food Mart of Houston, Texas; 
Telfair Spices of Sugarland Texas; Indian Groceries and Spices Inc. 
d/b/a iShopIndia.com of Milwaukee, Wisconsin; Rani Foods LP d/b/a 
Rani's World Foods of Houston, Texas; Tathastu Trading LLC of South 
Plainfield, New Jersey; and Choice Trading LLC of Guttenberg, New 
Jersey (collectively, the ``Defaulting Respondents'').
---------------------------------------------------------------------------

    The Commission is interested in further development of the record 
on the public interest in this investigation. Accordingly, members of 
the public 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 ID/RD. Comments should address whether issuance of 
the recommended remedial orders in this investigation, should the 
Commission find a violation, 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 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the recommended orders;
    (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 were to be excluded;
    (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 orders within a 
commercially reasonable time; and
    (v) explain how the recommended orders would impact consumers in 
the United States.
    Written submissions must be filed no later than by close of 
business on December 31, 2021.
    Persons filing written submissions must file the original document 
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'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.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. A redacted 
non-confidential version of the document must also be filed 
simultaneously with any confidential filing. 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

[[Page 70147]]

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: December 3, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-26626 Filed 12-8-21; 8:45 am]
BILLING CODE 7020-02-P