Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Notice of Commission Final Determination To Issue a Limited Exclusion Order; Termination of the Investigation, 67067-67068 [2022-24243]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices and excluded those activities from its account in estimating the burden. A Federal Register notice with a 60day public comment period on this proposed ICR was published on September 2, 2022 (87 FR 54250). BOEM did not receive any comments during the 60-day comment period. BOEM is again soliciting comments on the proposed ICR. BOEM is especially interested in public comments addressing the following issues: (1) is the collection necessary to the proper functions of BOEM; (2) what can BOEM do to ensure that this information is processed and used in a timely manner; (3) is the burden estimate accurate; (4) how might BOEM enhance the quality, utility, and clarity of the information to be collected; and (5) how might BOEM minimize the burden of this collection on the respondents, including minimizing the burden through the use of information technology? Public Comment Notice: Comments submitted in response to this notice are a matter of public record and will be available for public review on www.reginfo.gov. You should be aware that your entire comment—including your address, phone number, email address, or other personally identifiable information included in your comment—may be made publicly available. Even if BOEM withholds your information in the context of this ICR, your comment is subject to the Freedom of Information Act (FOIA). If your comment is requested under the FOIA, your information will only be withheld if BOEM determines that a FOIA exemption to disclosure applies. BOEM will make such a determination in accordance with the Department of the Interior’s (DOI) FOIA regulations and applicable law. In order for BOEM to consider withholding from disclosure your personally identifiable information, you must identify, in a cover letter, any information contained in your comments that, if released, would constitute a clearly unwarranted invasion of your personal privacy. You must also briefly describe any possible harmful consequence of the disclosure of information, such as embarrassment, injury, or other harm. Note that BOEM will make available for public inspection all comments on www.reginfo.gov, in their entirety, submitted by organizations and businesses or by individuals identifying themselves as representatives of organizations or businesses. BOEM protects proprietary information in accordance with FOIA (5 U.S.C. 552), DOI’s implementing VerDate Sep<11>2014 16:45 Nov 04, 2022 Jkt 259001 regulations (43 CFR part 2), and 30 CFR 585.113. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Karen Thundiyil, Chief, Office of Regulations, Bureau of Ocean Energy Management. [FR Doc. 2022–24195 Filed 11–4–22; 8:45 am] BILLING CODE 4310–MR–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1269] Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof; Notice of Commission Final Determination To Issue a Limited Exclusion Order; Termination of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to issue a limited exclusion order (‘‘LEO’’) barring entry of certain electrolyte containing beverages and labeling and packaging thereof that are imported by or on behalf of the following defaulting respondents (all of Mexico): Carbonera Los Asadores de C.V.; Comercial Trevin˜o de Reynosa, S.A. de C.V.; Distribuidora Mercatto S.A. de C.V.; H & F Tech International S.A. de C.V.; Leticia Ange´lica Saenz Fernandez; Yoselen Susana Martinez Tirado; Grupo Comercial Lux del Norte S.A. de C.V.; and Caribe Agencia Express, S.A. de C.V. (collectively, the ‘‘Defaulting Respondents’’). The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–4716. 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 SUMMARY: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 67067 obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: On July 6, 2021, 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 CAB Enterprises, Inc. of Houston, Texas and Sueros y Bebidas Rehidratantes, S.A. de C.V. of Mexico (collectively, ‘‘Complainants’’). See 86 FR 35532–33 (July 6, 2021). The complaint, as supplemented, alleges a violation 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 electrolyte containing beverages and labeling and packaging thereof by reason of infringement of U.S. Trademark Registration Nos. 4,222,726; 4,833,885; 4,717,350; and 4,717,232 (collectively, ‘‘the Asserted Trademarks’’). See id. In addition to the Defaulting Respondents, the notice of investigation (‘‘NOI’’) names the following respondents (all of Mexico): Flexicompuestos S.A. de C.V. (‘‘Flexicompuestos’’); Comercializadora Degu S.A. de C.V.; MPC Foods S.A. de C.V.; Myrna Guadalupe Perez Martinez; Comercializadora Embers S.A. de C.V.; and Manuel Bautista Nogales (‘‘Nogales’’) (collectively, ‘‘the Terminated Respondents’’). See id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. See id. The Commission previously found the Defaulting Respondents in default pursuant to Commission Rule 210.16 (19 CFR 210.16) for failure to respond to the complaint and notice of investigation and to orders to show cause why they should not be found in default for failing to respond to the complaint and NOI issued by the presiding administrative law judge (‘‘ALJ’’). See Order No. 8 (Sept. 14, 2021), unreviewed by Comm’n Notice (Oct. 6, 2021); Order No. 19 (Apr. 7, 2022), unreviewed by Comm’n Notice (Apr. 26, 2022). On April 18, 2022, Complainants filed a declaration under Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry of a limited exclusion order against the Defaulting Respondents. Complainants also indicated pursuant to 19 CFR 210.16(c)(2) that they are not seeking issuance of a general exclusion order or cease and desist orders. On May 27, 2022, the Commission issued a notice seeking written submissions from the parties, the public, and interested government E:\FR\FM\07NON1.SGM 07NON1 khammond on DSKJM1Z7X2PROD with NOTICES 67068 Federal Register / Vol. 87, No. 214 / Monday, November 7, 2022 / Notices agencies on the issues of remedy, the public interest, and bonding. See 87 FR 33831–32 (June 3, 2022) (‘‘Remedy Notice’’). On June 10, 2022 (and as corrected on June 23, 2022), Complainants filed a submission in response to the Commission’s Remedy Notice. On the same day, respondents Flexicompuestos and Nogales also filed a submission in response to the Commission’s Remedy Notice. OUII filed a submission in response to the Commission’s Remedy Notice on June 10, 2022, and a response to the parties’ submissions on June 17, 2022. On June 28, 2022, the Commission terminated the investigation as to the Terminated Respondents, including Flexicompuestos and Nogales, based on Complainant’s withdrawal of the complaint as to those respondents. See Order No. 21 (June 1, 2022), unreviewed by Comm’n Notice (June 28, 2022). Accordingly, only the Defaulting Respondents remain in the investigation. When the conditions in section 337(g)(1)(A)–(E) (19 U.S.C. 1337(g)(1)(A)–(E)) have been satisfied, section 337(g)(1) and Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission, upon request, to issue a limited exclusion order or a cease and desist order or both against a respondent found in default, based on the allegations regarding a violation of section 337 in the Complaint, which are presumed to be true, unless after consideration of the public interest factors in section 337(g)(1), it finds that such relief should not issue. Having examined the record of this investigation, including the parties’ submissions in response to the Remedy Notice, the Commission has determined pursuant to subsection 337(g)(1) that the appropriate remedy in this investigation is an LEO prohibiting the unlicensed entry of certain electrolyte containing beverages and labeling and packaging thereof that infringe Complainants’ Asserted Trademarks and that are imported by or on behalf of the Defaulting Respondents. The Commission has determined that the public interest factors enumerated in subsection 337(g)(1) do not preclude the issuance of the LEO. The Commission has further determined that the bond during the period of Presidential review pursuant to section 337(j) (19 U.S.C. 1337(j)) shall be in the amount of 100 percent of the entered value of the imported articles that are subject to the LEO. The investigation is terminated. The Commission’s vote for this determination took place on November 2, 2022. VerDate Sep<11>2014 16:45 Nov 04, 2022 Jkt 259001 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). While temporary remote operating procedures are in place in response to COVID–19, the Office of the Secretary is not able to serve parties that have not retained counsel or otherwise provided a point of contact for electronic service. Accordingly, pursuant to Commission Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the Commission orders that the Complainant(s) complete service for any party/parties without a method of electronic service noted on the attached Certificate of Service and shall file proof of service on the Electronic Document Information System (EDIS). By the order of the Commission. Issued: November 2, 2022. Katherine Hiner, Acting Secretary to the Commission. The following pre-standards activities associated with IEEE Industry Connections Activities were launched or renewed: https://standards.ieee.org/about/bog/ smdc/june2021/ https://standards.ieee.org/about/bog/ cag/approvals/mar2022/ On September 17, 2004, IEEE filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on November 3, 2004 (69 FR 64105). The last notification was filed with the Department on December 16, 2021. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on March 11, 2022 (87 FR 14041). Catherine Reilly, Counsel for Civil Operations, Antitrust Division. [FR Doc. 2022–24119 Filed 11–4–22; 8:45 am] BILLING CODE 4410–11–P DEPARTMENT OF JUSTICE [FR Doc. 2022–24243 Filed 11–4–22; 8:45 am] BILLING CODE 7020–02–P Antitrust Division DEPARTMENT OF JUSTICE Notice Pursuant to the National Cooperative Research and Production Act of 1993—The Digital Dollar Project, Inc. Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—The Institute of Electrical and Electronics Engineers, Inc. Notice is hereby given that, on March 29, 2022 pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), The Institute of Electrical and Electronics Engineers, Inc. (‘‘IEEE’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing additions or changes to its standards development activities. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, 65 new standards have been initiated and 44 existing standards are being revised. More detail regarding these changes can be found at: https://standards.ieee.org/about/sasb/ sba/june2021/ https://standards.ieee.org/about/sasb/ sba/nov2021/ https://standards.ieee.org/about/sasb/ sba/feb2022/ https://standards.ieee.org/about/sasb/ sba/mar2022/ PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 Notice is hereby given that, on July 21, 2022 pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’). The Digital Dollar Project, Inc. (‘‘DDP’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, BDO UNIBANK INC., Mandaluyong City, PHILIPPINES; Digital Asset Holdings, LLC, New York, NY; H–E–B, San Antonio, TX; Indigenous Nations Tribal Reserve (INTR), Norman, OK; Elijah’s Heart, Franklin, TN; and National Bankers Association, Washington, DC have been added as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open and DDP intends to file additional written notifications disclosing all changes in membership. On June 9, 2022, the Digital Dollar Project filed its original notification pursuant to Section 6(a) of the Act. E:\FR\FM\07NON1.SGM 07NON1

Agencies

[Federal Register Volume 87, Number 214 (Monday, November 7, 2022)]
[Notices]
[Pages 67067-67068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24243]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1269]


Certain Electrolyte Containing Beverages and Labeling and 
Packaging Thereof; Notice of Commission Final Determination To Issue a 
Limited Exclusion Order; Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue a limited exclusion order (``LEO'') 
barring entry of certain electrolyte containing beverages and labeling 
and packaging thereof that are imported by or on behalf of the 
following defaulting respondents (all of Mexico): Carbonera Los 
Asadores de C.V.; Comercial Trevi[ntilde]o de Reynosa, S.A. de C.V.; 
Distribuidora Mercatto S.A. de C.V.; H & F Tech International S.A. de 
C.V.; Leticia Ang[eacute]lica Saenz Fernandez; Yoselen Susana Martinez 
Tirado; Grupo Comercial Lux del Norte S.A. de C.V.; and Caribe Agencia 
Express, S.A. de C.V. (collectively, the ``Defaulting Respondents''). 
The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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: On July 6, 2021, 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 CAB Enterprises, Inc. of Houston, Texas and Sueros y Bebidas 
Rehidratantes, S.A. de C.V. of Mexico (collectively, ``Complainants''). 
See 86 FR 35532-33 (July 6, 2021). The complaint, as supplemented, 
alleges a violation 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 electrolyte containing beverages 
and labeling and packaging thereof by reason of infringement of U.S. 
Trademark Registration Nos. 4,222,726; 4,833,885; 4,717,350; and 
4,717,232 (collectively, ``the Asserted Trademarks''). See id. In 
addition to the Defaulting Respondents, the notice of investigation 
(``NOI'') names the following respondents (all of Mexico): 
Flexicompuestos S.A. de C.V. (``Flexicompuestos''); Comercializadora 
Degu S.A. de C.V.; MPC Foods S.A. de C.V.; Myrna Guadalupe Perez 
Martinez; Comercializadora Embers S.A. de C.V.; and Manuel Bautista 
Nogales (``Nogales'') (collectively, ``the Terminated Respondents''). 
See id. The Office of Unfair Import Investigations (``OUII'') is also a 
party to the investigation. See id.
    The Commission previously found the Defaulting Respondents in 
default pursuant to Commission Rule 210.16 (19 CFR 210.16) for failure 
to respond to the complaint and notice of investigation and to orders 
to show cause why they should not be found in default for failing to 
respond to the complaint and NOI issued by the presiding administrative 
law judge (``ALJ''). See Order No. 8 (Sept. 14, 2021), unreviewed by 
Comm'n Notice (Oct. 6, 2021); Order No. 19 (Apr. 7, 2022), unreviewed 
by Comm'n Notice (Apr. 26, 2022).
    On April 18, 2022, Complainants filed a declaration under 
Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry 
of a limited exclusion order against the Defaulting Respondents. 
Complainants also indicated pursuant to 19 CFR 210.16(c)(2) that they 
are not seeking issuance of a general exclusion order or cease and 
desist orders.
    On May 27, 2022, the Commission issued a notice seeking written 
submissions from the parties, the public, and interested government

[[Page 67068]]

agencies on the issues of remedy, the public interest, and bonding. See 
87 FR 33831-32 (June 3, 2022) (``Remedy Notice''). On June 10, 2022 
(and as corrected on June 23, 2022), Complainants filed a submission in 
response to the Commission's Remedy Notice. On the same day, 
respondents Flexicompuestos and Nogales also filed a submission in 
response to the Commission's Remedy Notice. OUII filed a submission in 
response to the Commission's Remedy Notice on June 10, 2022, and a 
response to the parties' submissions on June 17, 2022.
    On June 28, 2022, the Commission terminated the investigation as to 
the Terminated Respondents, including Flexicompuestos and Nogales, 
based on Complainant's withdrawal of the complaint as to those 
respondents. See Order No. 21 (June 1, 2022), unreviewed by Comm'n 
Notice (June 28, 2022). Accordingly, only the Defaulting Respondents 
remain in the investigation.
    When the conditions in section 337(g)(1)(A)-(E) (19 U.S.C. 
1337(g)(1)(A)-(E)) have been satisfied, section 337(g)(1) and 
Commission Rule 210.16(c) (19 CFR 210.16(c)) direct the Commission, 
upon request, to issue a limited exclusion order or a cease and desist 
order or both against a respondent found in default, based on the 
allegations regarding a violation of section 337 in the Complaint, 
which are presumed to be true, unless after consideration of the public 
interest factors in section 337(g)(1), it finds that such relief should 
not issue.
    Having examined the record of this investigation, including the 
parties' submissions in response to the Remedy Notice, the Commission 
has determined pursuant to subsection 337(g)(1) that the appropriate 
remedy in this investigation is an LEO prohibiting the unlicensed entry 
of certain electrolyte containing beverages and labeling and packaging 
thereof that infringe Complainants' Asserted Trademarks and that are 
imported by or on behalf of the Defaulting Respondents. The Commission 
has determined that the public interest factors enumerated in 
subsection 337(g)(1) do not preclude the issuance of the LEO. The 
Commission has further determined that the bond during the period of 
Presidential review pursuant to section 337(j) (19 U.S.C. 1337(j)) 
shall be in the amount of 100 percent of the entered value of the 
imported articles that are subject to the LEO. The investigation is 
terminated.
    The Commission's vote for this determination took place on November 
2, 2022.
    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).
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the Complainant(s) complete service for any 
party/parties without a method of electronic service noted on the 
attached Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).

    By the order of the Commission.

    Issued: November 2, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-24243 Filed 11-4-22; 8:45 am]
BILLING CODE 7020-02-P
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