Certain Chocolate Milk Powder and Packaging Thereof; Notice of a Commission Determination To Issue a General Exclusion Order; Termination of Investigation, 70864-70866 [2022-25250]

Download as PDF 70864 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices lotter on DSK11XQN23PROD with NOTICES1 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, specifically: a general exclusion order (‘‘GEO’’) directed to certain flocked swabs and products containing same, or, if no GEO is issued, a limited exclusion order directed to certain flocked swabs and products containing same imported, sold for importation, and/or sold after importation by respondents Wuxi NEST Biotechnology Co., Ltd., NEST Scientific Inc., and NEST Scientific USA (collectively, ‘‘NEST’’); Jiangsu Changfeng Medical Industry Co.; BioTeke Corporation (Wuxi) Co., Ltd.; Miraclean Technology Co.; and Huachenyang (Shenzhen) Technology Co., Ltd. and HCY USA, LLC (collectively, ‘‘Respondents’’); and a cease and desist order directed to the NEST Respondents. 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 Recommended Determination on Remedy and Bonding issued in this investigation on November 14, 2022. 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- VerDate Sep<11>2014 21:25 Nov 18, 2022 Jkt 259001 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 14, 2022. 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–1279’’) 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. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing and must be served in accordance with Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). 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 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 purposes. All contract personnel will sign appropriate nondisclosure agreements. All nonconfidential written 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: November 15, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–25248 Filed 11–18–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–1232 (REMAND)] Certain Chocolate Milk Powder and Packaging Thereof; Notice of a Commission Determination To Issue a General Exclusion Order; Termination of Investigation International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the U.S. International Trade Commission has determined to issue a general exclusion order (‘‘GEO’’) prohibiting the unlicensed importation of chocolate milk powder and packaging thereof that infringe U.S. Trademark Registration No. 4,206,026 (‘‘the ’026 mark’’) (collectively, the ‘‘covered products’’). The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 708–2310. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission’s electronic docket system (‘‘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, telephone (202) 205–1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on December 1, 2020, based on a complaint filed on behalf of Meenaxi SUMMARY: E:\FR\FM\21NON1.SGM 21NON1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices Enterprise Inc. (‘‘Meenaxi’’) of Edison, New Jersey. 85 FR 77237–8 (Dec. 1, 2020). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 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 the ’026 mark. The Commission’s notice of investigation named as respondents Bharat Bazar Inc. of Union City, California; Madras Group Inc. d/b/a Madras Groceries of Sunnyvale, California; Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, California; Organic Food d/b/a Namaste Plaza Indian Super Market (‘‘Organic Food’’) 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 Jersey City, 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 Subzi Mandi Cash & Carry of Piscataway, New Jersey; Subhlaxmi Grocers 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. Id. The Office of Unfair Import Investigations (‘‘OUII’’) is also a party to the investigation. On February 10, 2021, the former chief administrative law judge (‘‘CALJ’’) issued an initial determination (‘‘ID’’) (Order No. 6) finding all respondents in default. Order No. 6 (Feb. 10, 2021), unreviewed by Comm’n Notice (Mar. 2, 2021). On May 24, 2021, Meenaxi moved for a summary determination of violation by all of the respondents, each of whom had previously been found in default. On June 16, 2021, OUII responded in support of the motion. On December 1, 2021, the former CALJ granted the motion as an ID (Order No. 15). No petitions for review of the ID were filed. The ID, however, noted discrepancies VerDate Sep<11>2014 21:25 Nov 18, 2022 Jkt 259001 with respect to respondent Organic Food, calling into question whether that respondent was ever properly served with the complaint and notice of investigation and with the CALJ’s order to show cause why the respondents should not be found in default, Order No. 5 (Jan. 13, 2021). See Order No. 15 at 1 n.1. The Commission determined sua sponte to review Order No. 15, and ordered reconsideration of Order No. 6 as to Organic Food and/or any other respondents who may not have been properly served with documents in the underlying investigation. Notice at 3 (Jan 18, 2022). The Commission remanded the investigation to an ALJ for further proceedings. Id. On remand, the CALJ issued Order No. 18, granting Meenaxi’s unopposed motion for leave to amend the complaint and notice of investigation to (i) substitute Organic Food with proposed respondent Organic Ingredients Inc. d/b/a Namaste Plaza Indian Super Market (‘‘Organic Ingredients’’) of San Diego, California; (ii) correct the address of respondent New India Bazar Inc. d/b/a New India Bazar (‘‘New India’’) of San Jose, California; (iii) correct the address of respondent Bharat Bazar Inc. (‘‘Bharat Bazar’’) of Union City, California; and (iv) supplement the complaint with Exhibits 9–a, 9–b, and 9–c, concerning Organic Food and/or Organic Ingredients. Order No. 18 at 1–5 (Mar. 11, 2022), unreviewed by Comm’n Notice, 87 FR 22940 (Apr. 18, 2020). Meenaxi demonstrated that Bharat Bazar had been actually served with all of the documents in the investigation (prior to remand) despite incorrectly spelling Bharat Bazar’s address as being on ‘‘Niled Road’’ instead of ‘‘Niles Road.’’ Order No. 18 at 4. The CALJ conducted remand proceedings as to Organic Ingredients and New India, first ordering them to respond to the amended complaint and notice of investigation, and then ordering them to respond to an order to show cause why they should not be found in default. See Order No. 19 (Mar. 11, 2022); Order No. 21 at 3 (May 3, 2022). On May 19, 2022, the CALJ issued an ID finding Organic Ingredients and New India in default. Order No. 23 (May 19, 2022), unreviewed by Comm’n Notice (June 14, 2022). On June 15, 2022, Meenaxi filed a second motion for summary determination of violation of section 337 as to the defaulting respondents, and requested the issuance of a GEO. On July 6, 2022, OUII responded in support of Meenaxi’s motion. On August 3, 2022, the CALJ issued a remand ID (‘‘RID’’) (Order No. 27) PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 70865 granting Meenaxi’s motion. Order No. 27 (Aug. 3, 2022), unreviewed by Comm’n Notice (Sept. 19, 2022). The RID adopted substantially all of the findings of Order No. 15. The CALJ concurrently issued a recommended determination (‘‘RD’’) on the issues of remedy and bonding. The RD recommended the issuance of a GEO and setting the bond during the period of Presidential review in the amount of one hundred percent (100%) of the entered value of the covered products. Accordingly, the Commission requested written submissions on the issues of remedy, the public interest, and bonding and the RD’s recommendation as to issuance of a GEO and bonding. 87 FR 58130–1 (Sept. 23, 2022). On October 3 and 12, 2022, respectively, OUII and Meenaxi submitted briefing responsive to the Commission’s request. No other submissions were received. Having reviewed the record in the investigation, including the written submissions from Meenaxi and OUII, the Commission has made its determination on the issues of remedy, the public interest, and bonding. As all statutory requirements of this subsection are met here, the Commission has determined that the appropriate remedy is a GEO directed to the covered products pursuant to section 337(g)(2), 19 U.S.C. 1337(g)(2). The Commission has further determined that the public interest factors enumerated in Section 337(d) (19 U.S.C. 1337(d)) do not preclude issuance of the GEO. Accordingly, the Commission has determined to issue a GEO prohibiting the unlicensed entry of chocolate milk powder and components thereof that infringe the ’026 mark. Finally, the Commission has determined that a bond in the amount of one hundred percent (100%) of the entered value of the covered products is required during the period of Presidential review (19 U.S.C. 1337(j)). The Commission’s order was delivered to the President and to the United States Trade Representative on the day of its issuance. The Commission voted to approve this determination on November 15, 2022. The authority for the Commission’s determinations 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. E:\FR\FM\21NON1.SGM 21NON1 70866 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices Issued: November 15, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–25250 Filed 11–18–22; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 731–TA–1315 (Review)] Ferrovanadium From South Korea Determination On the basis of the record 1 developed in the subject five-year review, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the antidumping duty order on ferrovanadium from South Korea would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted this review on April 1, 2022 (87 FR 19129) and determined on July 5, 2022 that it would conduct an expedited review (87 FR 63090, October 18, 2022). The Commission made this determination pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determination in this review on November 15, 2022. The views of the Commission are contained in USITC Publication 5384 (November 2022), entitled Ferrovanadium from South Korea: Investigation No. 731–TA– 1315 (Review). By order of the Commission. Issued: November 15, 2022. Katherine Hiner, Acting Secretary to the Commission. United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that revocation of the countervailing duty order on finished carbon steel flanges from India and the antidumping duty orders on finished carbon steel flanges from India, Italy, and Spain would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Background The Commission instituted these reviews on May 2, 2022 (87 FR 25662) and determined on August 5, 2022 that it would conduct expedited reviews (87 FR 63798, October 20, 2022). The Commission made these determinations pursuant to section 751(c) of the Act (19 U.S.C. 1675(c)). It completed and filed its determinations in these reviews on November 15, 2022. The views of the Commission are contained in USITC Publication 5385 (November 2022), entitled Finished Carbon Steel Flanges from India, Italy, and Spain: Investigation Nos. 701–TA– 563 and 731–TA–1331–1333 (Review). By order of the Commission. Issued: November 15, 2022. Katherine Hiner, Acting Secretary to the Commission. [FR Doc. 2022–25247 Filed 11–18–22; 8:45 am] BILLING CODE 7020–02–P DEPARTMENT OF JUSTICE Notice of Task Force on Research on Violence Against American Indian and Alaska Native Women Meeting Office on Violence Against Women, United States Department of Justice. ACTION: Notice of meeting. AGENCY: [FR Doc. 2022–25249 Filed 11–18–22; 8:45 am] BILLING CODE 7020–02–P The Office on Violence Against Women (OVW), U.S. Department of Justice has scheduled a meeting of the Task Force on Research on Violence Against American Indian and Alaska Native Women (hereinafter ‘‘the Task Force’’). DATES: The meeting will take place on December 13, 2022, from 1 p.m. to 5 p.m. (Eastern Standard Time). ADDRESSES: This meeting will be convened virtually. FOR FURTHER INFORMATION CONTACT: Visit the OVW website at https:// www.justice.gov/ovw/section-904-taskforce or contact Sherriann Moore, Deputy Director of Tribal Affairs, Office on Violence Against Women, United SUMMARY: INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–563 and 731– TA–1331–1333 (Review)] lotter on DSK11XQN23PROD with NOTICES1 Finished Carbon Steel Flanges From India, Italy, and Spain Determinations On the basis of the record 1 developed in the subject five-year reviews, the 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). 1 The record is defined in § 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Sep<11>2014 21:25 Nov 18, 2022 Jkt 259001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 States Department of Justice, at (202) 616–0039 or ovw.tribalaffairs@ usdoj.gov. Notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act. Title IX of the Violence Against Women Act of 2005 (VAWA 2005), as amended, required the Attorney General to establish a task force to assist the National Institute of Justice (NIJ) in developing and implementing a program of research on violence against American Indian and Alaska Native women, including domestic violence, dating violence, sexual assault, stalking, sex trafficking, and murder. The program will evaluate the effectiveness of the federal, state, tribal, and local response to violence against Indian women and propose recommendations to improve the government response. The Attorney General, acting through the Director of the Office on Violence Against Women, established the Task Force on March 31, 2008, and the charter has been renewed every two years since then. More information on the Task Force may be found at https:// www.justice.gov/ovw/section-904-taskforce and about the NIJ program of research at: https://nij.ojp.gov/topics/ articles/violence-against-americanindian-and-alaska-native-womenprogram-research. This meeting will include the introduction of Task Force members, an update on NIJ’s research program, and facilitated Task Force discussion on research findings and recommendations. In addition, the Task Force is also welcoming public oral comment at this meeting and has reserved 30 minutes for this. The meeting will take place on December 13, 2022, from 1 p.m. to 5 p.m. Time will be reserved for public comment from 4:15 p.m. to 4:45 p.m. See the section below for information on reserving time for public comment. Access: The meeting will be available online via a video conferencing platform. Members of the public who wish to participate must register in advance of the meeting online, no later than December 7, 2022. Details about registration can be found on the OVW website: https://www.justice.gov/ovw/ section-904-task-force. Should issues arise with online or email registration, the public should contact Sherriann C. Moore, Deputy Director of Tribal Affairs, Office on Violence Against Women, at (202) 616–0039 or ovw.tribalaffairs@usdoj.gov. Written Comments: Interested parties are invited to submit written comments by December 7, 2022, to Sherriann C. SUPPLEMENTARY INFORMATION: E:\FR\FM\21NON1.SGM 21NON1

Agencies

INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70864-70866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25250]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1232 (REMAND)]


Certain Chocolate Milk Powder and Packaging Thereof; Notice of a 
Commission Determination To Issue a General Exclusion Order; 
Termination of Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue a general exclusion order (``GEO'') 
prohibiting the unlicensed importation of chocolate milk powder and 
packaging thereof that infringe U.S. Trademark Registration No. 
4,206,026 (``the '026 mark'') (collectively, the ``covered products''). 
The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket system (``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, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on December 1, 2020, based on a complaint filed on behalf of Meenaxi

[[Page 70865]]

Enterprise Inc. (``Meenaxi'') of Edison, New Jersey. 85 FR 77237-8 
(Dec. 1, 2020). The complaint, as supplemented, alleges violations of 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, 
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 the '026 mark. The Commission's notice of investigation 
named as respondents Bharat Bazar Inc. of Union City, California; 
Madras Group Inc. d/b/a Madras Groceries of Sunnyvale, California; 
Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, California; Organic 
Food d/b/a Namaste Plaza Indian Super Market (``Organic Food'') 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 Jersey City, 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 Subzi Mandi Cash & Carry of Piscataway, New Jersey; Subhlaxmi 
Grocers 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. Id. The Office of Unfair Import Investigations 
(``OUII'') is also a party to the investigation.
    On February 10, 2021, the former chief administrative law judge 
(``CALJ'') issued an initial determination (``ID'') (Order No. 6) 
finding all respondents in default. Order No. 6 (Feb. 10, 2021), 
unreviewed by Comm'n Notice (Mar. 2, 2021).
    On May 24, 2021, Meenaxi moved for a summary determination of 
violation by all of the respondents, each of whom had previously been 
found in default. On June 16, 2021, OUII responded in support of the 
motion. On December 1, 2021, the former CALJ granted the motion as an 
ID (Order No. 15). No petitions for review of the ID were filed. The 
ID, however, noted discrepancies with respect to respondent Organic 
Food, calling into question whether that respondent was ever properly 
served with the complaint and notice of investigation and with the 
CALJ's order to show cause why the respondents should not be found in 
default, Order No. 5 (Jan. 13, 2021). See Order No. 15 at 1 n.1. The 
Commission determined sua sponte to review Order No. 15, and ordered 
reconsideration of Order No. 6 as to Organic Food and/or any other 
respondents who may not have been properly served with documents in the 
underlying investigation. Notice at 3 (Jan 18, 2022). The Commission 
remanded the investigation to an ALJ for further proceedings. Id.
    On remand, the CALJ issued Order No. 18, granting Meenaxi's 
unopposed motion for leave to amend the complaint and notice of 
investigation to (i) substitute Organic Food with proposed respondent 
Organic Ingredients Inc. d/b/a Namaste Plaza Indian Super Market 
(``Organic Ingredients'') of San Diego, California; (ii) correct the 
address of respondent New India Bazar Inc. d/b/a New India Bazar (``New 
India'') of San Jose, California; (iii) correct the address of 
respondent Bharat Bazar Inc. (``Bharat Bazar'') of Union City, 
California; and (iv) supplement the complaint with Exhibits 9-a, 9-b, 
and 9-c, concerning Organic Food and/or Organic Ingredients. Order No. 
18 at 1-5 (Mar. 11, 2022), unreviewed by Comm'n Notice, 87 FR 22940 
(Apr. 18, 2020). Meenaxi demonstrated that Bharat Bazar had been 
actually served with all of the documents in the investigation (prior 
to remand) despite incorrectly spelling Bharat Bazar's address as being 
on ``Niled Road'' instead of ``Niles Road.'' Order No. 18 at 4.
    The CALJ conducted remand proceedings as to Organic Ingredients and 
New India, first ordering them to respond to the amended complaint and 
notice of investigation, and then ordering them to respond to an order 
to show cause why they should not be found in default. See Order No. 19 
(Mar. 11, 2022); Order No. 21 at 3 (May 3, 2022). On May 19, 2022, the 
CALJ issued an ID finding Organic Ingredients and New India in default. 
Order No. 23 (May 19, 2022), unreviewed by Comm'n Notice (June 14, 
2022).
    On June 15, 2022, Meenaxi filed a second motion for summary 
determination of violation of section 337 as to the defaulting 
respondents, and requested the issuance of a GEO. On July 6, 2022, OUII 
responded in support of Meenaxi's motion.
    On August 3, 2022, the CALJ issued a remand ID (``RID'') (Order No. 
27) granting Meenaxi's motion. Order No. 27 (Aug. 3, 2022), unreviewed 
by Comm'n Notice (Sept. 19, 2022). The RID adopted substantially all of 
the findings of Order No. 15. The CALJ concurrently issued a 
recommended determination (``RD'') on the issues of remedy and bonding. 
The RD recommended the issuance of a GEO and setting the bond during 
the period of Presidential review in the amount of one hundred percent 
(100%) of the entered value of the covered products.
    Accordingly, the Commission requested written submissions on the 
issues of remedy, the public interest, and bonding and the RD's 
recommendation as to issuance of a GEO and bonding. 87 FR 58130-1 
(Sept. 23, 2022). On October 3 and 12, 2022, respectively, OUII and 
Meenaxi submitted briefing responsive to the Commission's request. No 
other submissions were received.
    Having reviewed the record in the investigation, including the 
written submissions from Meenaxi and OUII, the Commission has made its 
determination on the issues of remedy, the public interest, and 
bonding. As all statutory requirements of this subsection are met here, 
the Commission has determined that the appropriate remedy is a GEO 
directed to the covered products pursuant to section 337(g)(2), 19 
U.S.C. 1337(g)(2). The Commission has further determined that the 
public interest factors enumerated in Section 337(d) (19 U.S.C. 
1337(d)) do not preclude issuance of the GEO. Accordingly, the 
Commission has determined to issue a GEO prohibiting the unlicensed 
entry of chocolate milk powder and components thereof that infringe the 
'026 mark.
    Finally, the Commission has determined that a bond in the amount of 
one hundred percent (100%) of the entered value of the covered products 
is required during the period of Presidential review (19 U.S.C. 
1337(j)). The Commission's order was delivered to the President and to 
the United States Trade Representative on the day of its issuance.
    The Commission voted to approve this determination on November 15, 
2022.
    The authority for the Commission's determinations 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.


[[Page 70866]]


    Issued: November 15, 2022.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2022-25250 Filed 11-18-22; 8:45 am]
BILLING CODE 7020-02-P

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