Certain Chocolate Milk Powder and Packaging Thereof; Notice of a Commission Determination Finding Enforcement Respondents To Have Violated the GEO; Issuance of Cease and Desist Orders; Termination of the Investigation, 92722-92724 [2024-27374]
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(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 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 18, 2024.
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
(March 19, 2020). Submissions should
refer to the investigation number (‘‘Inv.
No. 337–TA–1351 Remand’’) in a
prominent place on the cover page and/
or the first page. (See Handbook for
Electronic Filing Procedures, https://
www.usitc.gov/secretary/fed_reg_
notices/rules/handbook_on_electronic_
filing.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) and
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
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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
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 18, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–27360 Filed 11–21–24; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1232
(Enforcement)]
Certain Chocolate Milk Powder and
Packaging Thereof; Notice of a
Commission Determination Finding
Enforcement Respondents To Have
Violated the GEO; Issuance of Cease
and Desist Orders; Termination of the
Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to find Bharat Bazar Inc.
(‘‘Bharat Bazaar’’); Coconut Hill Inc. d/
b/a Coconut Hill (‘‘Coconut Hill’’);
Organic Ingredients Inc. d/b/a Namaste
Plaza Indian Super Market (‘‘Organic
Ingredients’’); and New India Bazar Inc.
d/b/a New India Bazar (‘‘New India’’)
(collectively, ‘‘Enforcement
Respondents’’) to have violated the
General Exclusion Order (‘‘GEO’’) in
this investigation. The Commission has
also determined to issue cease and
desist orders (‘‘CDOs’’) against each of
these four defaulting Enforcement
SUMMARY:
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Respondents. The investigation is
terminated.
Paul
Lall, Office of the General Counsel, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone (202) 205–2043. 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: The
Commission instituted the original
investigation on December 1, 2020,
based on a complaint filed on behalf of
Meenaxi Enterprise Inc. (‘‘Meenaxi’’) of
Edison, New Jersey. 85 FR 77237–38
(Dec. 1, 2020). The complaint alleged
violations of section 337 of the Tariff
Act of 1930, 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 U.S. Trademark
Registration No. 4,206,026 (‘‘the ’026
mark’’). The Commission’s notice of
investigation named several
respondents, including but not limited
to Bharat Bazar of Union City,
California; Coconut Hill of Sunnyvale,
California; Organic Food Inc. d/b/a
Namaste Plaza Indian Super Market
(‘‘Organic Food’’) of Fremont,
California; and New India of San Jose,
California. Id. at 77237. The Office of
Unfair Import Investigations (‘‘OUII’’)
was also a party to the investigation. Id.
In the underlying investigation, all
respondents were found in default. See
Order No. 6 (Feb. 10, 2021), unreviewed
by Comm’n Notice (Mar. 2, 2021); Order
No. 23 (May 19, 2022), unreviewed by
Comm’n Notice (Jun. 14, 2022). On May
24, 2021, Meenaxi moved for summary
determination of violation of section
337 by the respondents found in default
by Order No. 6 and requested a GEO. On
December 1, 2021, the former chief
administrative law judge (‘‘former
CALJ’’) granted the motion as an initial
determination (‘‘ID’’) (Order No. 15), but
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
FOR FURTHER INFORMATION CONTACT:
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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. No petitions for
review of the ID were filed. 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. See Comm’n
Notice at 3 (Jan. 18, 2022). The
Commission remanded the investigation
to an ALJ for further proceedings. Id.
On remand, the current chief
administrative law judge (‘‘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 of San Diego, California; (ii)
correct the address of respondent New
India; (iii) correct the address of
respondent Bharat Bazar; 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 (Apr. 12,
2022); see also 87 FR 22940–41 (Apr.
18, 2022). Meenaxi also demonstrated
that Bharat Bazar actually had been
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.’’ See Order No.
18 at 4.
The CALJ conducted remand
proceedings as to Organic Ingredients
and New India with respect to service
of the amended complaint and notice of
investigation, and upon the failure of
these respondents to respond to the
amended complaint and notice of
investigation, the CALJ ordered 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 2–3 (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). Accordingly, the Commission
found all respondents in default
(collectively with the respondents
previously found in default, the
‘‘Defaulting Respondents’’).
On June 13, 2022, Meenaxi again
moved for summary determination of
violation by the Defaulting Respondents
and requested a GEO. On July 6, 2022,
OUII filed a response supporting the
motion.
On August 3, 2022, the CALJ issued
a remand ID (‘‘RID’’) (Order No. 27),
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granting the second motion for summary
determination and finding a violation of
section 337 with respect to the ’026
mark. The RID found that all Defaulting
Respondents met the importation
requirement and that Meenaxi satisfied
the domestic industry requirement. See
19 U.S.C. 1337(a)(1–3). No party
petitioned for review of the RID.
On September 19, 2022, the
Commission determined not to review
the RID. See 87 FR 58130–32 (Sept. 23,
2022). On November 15, 2022, the
Commission issued a final
determination finding a violation,
issuing a GEO prohibiting the
unlicensed importation of chocolate
milk powder and packaging thereof that
infringe the ’026 mark, and terminating
the investigation. See 87 FR 70864–66
(Nov. 21, 2022). The GEO prohibits the
unlicensed importation of ‘‘chocolate
milk powder in consumer-sized
container with the Bournvita label.’’ Id.;
GEO at 2 (Nov. 15, 2022). On the same
day, the Commission issued an opinion
explaining the basis for its final
determination.
On November 9, 2023, the
Commission determined to institute an
enforcement proceeding under
Commission Rule 210.75 to investigate
alleged violations of the GEO by the four
Enforcement Respondents. See Comm’n
Notice, EDIS Doc. ID 808258 (Nov. 9,
2023); see also 88 FR 78786–87 (Nov.
16, 2023); 89 FR 15220 (Mar. 1, 2024).
OUII is also named as a party. 88 FR at
78787.
On January 10, 2024, the presiding
ALJ issued an order directing the
Enforcement Respondents to show
cause why they should not be found in
default and why judgment should not be
rendered against them for failing to
respond to the enforcement complaint
and notice of investigation. See Order
No. 6 (Jan. 10, 2024). Order No. 6
directed the Enforcement Respondents
to make any showing of good cause by
no later than February 2, 2024. Id. at 3.
No party responded to Order No. 6. See
Order No. 8 at 1 (Feb. 13, 2024).
On March 14, 2024, the Commission
determined that the four Enforcement
Respondents were in default. See Order
No. 8 (Feb. 13, 2024), unreviewed by
Comm’n Notice (Mar. 15, 2024). On
March 15, 2024, Meenaxi filed a motion
requesting summary determination of
violation of the GEO and the issuance of
CDOs against the four Enforcement
Respondents. See Order No. 9 (Aug. 16,
2024) (‘‘ID’’) at 5.
On August 16, 2024, the presiding
ALJ issued the subject ID (Order No. 9),
granting Meenaxi’s motion and
recommending issuance of the
requested CDOs. The ALJ concluded
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that ‘‘the unrebutted evidence
summarized below demonstrates that
the Enforcement Respondents have
imported and/or sold after importation
chocolate milk powder products bearing
the ‘Bournvita’ label’’ in violation of the
GEO. ID at 16–17. The ID noted that
Meenaxi alleges that the Enforcement
Respondents have violated the GEO by
offering for sale, selling, advertising,
and aiding and abetting the sale for
Cadbury’s ‘‘BOURNVITA’’ products. Id.
at 17–18. The ID explained that ‘‘[t]hese
(or similar) products were found to
infringe the ’026 Mark during the
violation phase’’ of this investigation.
Id. at 18. No party filed a petition
seeking review of the ID.
On August 19, 2024, the Commission
issued a notice soliciting submissions
on public interest issues raised by the
recommended relief should the
Commission find a violation of the GEO,
specifically, CDOs against the four
Enforcement Respondents: (1) Bharat
Bazaar; (2) Coconut Hill; (3) Organic
Ingredients; and (4) New India. 89 FR
68203–04 (Aug. 23, 2024). No comments
were received in response to the notice.
On October 2, 2024, the Commission
issued a notice determining to review
the ID’s findings that the Enforcement
Respondents have violated the GEO. 89
FR 81547–49 (Oct. 8, 2024). The
Commission requested briefing from the
parties on (1) whether the sale of
infringing products imported before the
issuance of a GEO but sold in the United
States after the issuance of that order
constitutes a violation of the GEO; (2)
whether a complainant must provide
evidence of importation of infringing
products after the date on which the
GEO issued in order to establish a
violation of a GEO in an enforcement
proceeding; and (3) whether 19 U.S.C.
1337(g)(1) applies to allegations of a
violation of a GEO in an enforcement
proceeding involving defaulting
enforcement respondents. Id. at 81548.
The Commission also requested briefing
from the parties, interested government
agencies, and other interested persons
on the issues of remedy, the public
interest, and bonding. Id. at 81548–49.
On October 16, 2024, Meenaxi and
OUII each filed submissions in response
to the Commission’s notice, arguing that
the public interest does not preclude
issuance of the requested CDOs. In its
response, Meenaxi requested the same
bond as previously issued in the
underlying investigation during the
period of Presidential review pursuant
to section 337(j) (19 U.S.C. 1337(j)). No
other party filed a response.
Having examined the record of this
investigation, including the parties’
submissions, the Commission has
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determined to find that the conditions
set forth in section 337(g)(1)(A)–(E) (19
U.S.C. 1337(g)(1)(A)–(E)) have been
satisfied, and section 337(g)(1) directs
the Commission, upon request, to issue
a CDO against a respondent found in
default, based on the allegations
regarding a violation of the GEO 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. The Commission has further
determined that the appropriate remedy
in this investigation is to issue a CDO
against each Enforcement Respondent.
The Commission has also determined
that the public interest factors
enumerated in subsection 337(g)(1) do
not preclude the issuance of the CDOs.
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 one hundred percent (100%)
of the entered value of the infringing
articles. The investigation is terminated.
The Commission’s vote on this
determination took place on November
18, 2024.
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 18, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024–27374 Filed 11–21–24; 8:45 am]
BILLING CODE 7020–02–P
OFFICE OF MANAGEMENT AND
BUDGET
Request for Feedback on Draft
Materials for Broadening Public
Participation and Community
Engagement With the Federal
Government
Office of Management and
Budget, Executive Office of the
President.
ACTION: Notice of public feedback
period.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
The Office of Management
and Budget (OMB) is seeking public
feedback on a draft memorandum titled
Broadening Public Participation and
Community Engagement with the
Federal Government. As drafted, the
memorandum would provide Federal
agencies with common definitions and
SUMMARY:
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guiding principles for public
participation and community
engagement, a sample framework to
help decide when and how to involve
the public in decision-making
processes, and steps to help advance
effective and meaningful public
engagement.
Additionally, OMB is preparing the
first iteration of a U.S. Federal Public
Participation and Community
Engagement Toolkit to help Federal
agencies better plan, implement, and
assess the impact of participation and
engagement. OMB also requests
feedback on the draft outline of this
toolkit.
The full text of the draft
memorandum and the full draft outline
of the toolkit are available for review at
www.performance.gov/participation.
DATES: Feedback must be provided on or
before November 29, 2024.
ADDRESSES: In an effort to improve
accessibility, OMB is offering multiple
options to provide feedback.
Written Feedback: Responses can be
submitted through a simple, open-ended
form at www.performance.gov/
participation. Instructions for
submitting feedback are available on the
site.
Listening Sessions: Options to register
for live events hosted by OMB to hear
from the public are also available at
www.performance.gov/participation.
ASL interpretation, live captioning, and
live audio translation in Spanish and
Mandarin Chinese will be provided.
Privacy Act Statement: Response to
this request is voluntary. OMB will use
your feedback to inform sound decision
making on topics related to this
memorandum. All responses received
may be publicly disclosed, including
any personal and business confidential
information provided. Please do not
include in your responses any
information of a confidential nature,
such as sensitive personal information
or proprietary information, or any
information that you would not like to
be made publicly available. The OMB
System of Records Notice, OMB Public
Input System of Records, OMB/INPUT/
01, 88 FR 20,913 (Apr. 7, 2023),
available at www.federalregister.gov/d/
2023-07452, includes a list of routine
uses associated with the collection of
this information.
Individuals and organizations who
respond to this request may be
contacted for clarification, related
discussions, events, or surveys.
FOR FURTHER INFORMATION CONTACT:
Please email the Office of Management
and Budget at publicparticipation@
omb.eop.gov.
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In
developing these draft materials, OMB
considered feedback received from the
public and Federal agencies through
OMB’s Request for Information on
Methods and Leading Practices for
Advancing Public Participation and
Community Engagement With the
Federal Government, 89 FR 19,885 (Mar.
20, 2024), available at
www.federalregister.gov/d/2024-05882,
and related listening sessions.
The proposed memorandum on
participation and engagement would
complement guidance from OMB’s
Office of Information and Regulatory
Affairs on Broadening Public
Participation and Community
Engagement in the Regulatory Process
(July 10, 2023), available at
www.whitehouse.gov/wp-content/
uploads/2023/07/Broadening-PublicParticipation-and-CommunityEngagement-in-the-RegulatoryProcess.pdf, which focuses on how
agencies can better engage the public
when developing regulations.
The toolkit would centralize materials
to help agencies engage the American
people, including individuals from
underserved communities, in ways that
better meet agency and community
needs and priorities. The toolkit would
also build on prior Federal efforts, such
as the U.S. Public Participation
Playbook (Feb. 3, 2015), available at
digital.gov/guides/public-participation.
SUPPLEMENTARY INFORMATION:
Lauren Stocker,
Deputy Associate Director, Performance and
Personnel Management, Office of
Management and Budget.
[FR Doc. 2024–27341 Filed 11–21–24; 8:45 am]
BILLING CODE 3110–01–P
NATIONAL SCIENCE FOUNDATION
Notice of Intent To Seek Approval To
Renew With Changes an Information
Collection
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Notice and request for
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ACTION:
The National Science
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]]>Agencies
[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Notices]
[Pages 92722-92724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27374]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1232 (Enforcement)]
Certain Chocolate Milk Powder and Packaging Thereof; Notice of a
Commission Determination Finding Enforcement Respondents To Have
Violated the GEO; Issuance of Cease and Desist Orders; Termination of
the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to find Bharat Bazar Inc.
(``Bharat Bazaar''); Coconut Hill Inc. d/b/a Coconut Hill (``Coconut
Hill''); Organic Ingredients Inc. d/b/a Namaste Plaza Indian Super
Market (``Organic Ingredients''); and New India Bazar Inc. d/b/a New
India Bazar (``New India'') (collectively, ``Enforcement Respondents'')
to have violated the General Exclusion Order (``GEO'') in this
investigation. The Commission has also determined to issue cease and
desist orders (``CDOs'') against each of these four defaulting
Enforcement Respondents. The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Paul Lall, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 205-2043. 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: The Commission instituted the original
investigation on December 1, 2020, based on a complaint filed on behalf
of Meenaxi Enterprise Inc. (``Meenaxi'') of Edison, New Jersey. 85 FR
77237-38 (Dec. 1, 2020). The complaint alleged violations of section
337 of the Tariff Act of 1930, 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 U.S.
Trademark Registration No. 4,206,026 (``the '026 mark''). The
Commission's notice of investigation named several respondents,
including but not limited to Bharat Bazar of Union City, California;
Coconut Hill of Sunnyvale, California; Organic Food Inc. d/b/a Namaste
Plaza Indian Super Market (``Organic Food'') of Fremont, California;
and New India of San Jose, California. Id. at 77237. The Office of
Unfair Import Investigations (``OUII'') was also a party to the
investigation. Id.
In the underlying investigation, all respondents were found in
default. See Order No. 6 (Feb. 10, 2021), unreviewed by Comm'n Notice
(Mar. 2, 2021); Order No. 23 (May 19, 2022), unreviewed by Comm'n
Notice (Jun. 14, 2022). On May 24, 2021, Meenaxi moved for summary
determination of violation of section 337 by the respondents found in
default by Order No. 6 and requested a GEO. On December 1, 2021, the
former chief administrative law judge (``former CALJ'') granted the
motion as an initial determination (``ID'') (Order No. 15), but 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
[[Page 92723]]
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. No
petitions for review of the ID were filed. 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.
See Comm'n Notice at 3 (Jan. 18, 2022). The Commission remanded the
investigation to an ALJ for further proceedings. Id.
On remand, the current chief administrative law judge (``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 of San Diego,
California; (ii) correct the address of respondent New India; (iii)
correct the address of respondent Bharat Bazar; 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 (Apr. 12, 2022); see also 87 FR 22940-41 (Apr. 18,
2022). Meenaxi also demonstrated that Bharat Bazar actually had been
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.'' See Order No. 18 at 4.
The CALJ conducted remand proceedings as to Organic Ingredients and
New India with respect to service of the amended complaint and notice
of investigation, and upon the failure of these respondents to respond
to the amended complaint and notice of investigation, the CALJ ordered
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 2-3 (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). Accordingly, the
Commission found all respondents in default (collectively with the
respondents previously found in default, the ``Defaulting
Respondents'').
On June 13, 2022, Meenaxi again moved for summary determination of
violation by the Defaulting Respondents and requested a GEO. On July 6,
2022, OUII filed a response supporting the motion.
On August 3, 2022, the CALJ issued a remand ID (``RID'') (Order No.
27), granting the second motion for summary determination and finding a
violation of section 337 with respect to the '026 mark. The RID found
that all Defaulting Respondents met the importation requirement and
that Meenaxi satisfied the domestic industry requirement. See 19 U.S.C.
1337(a)(1-3). No party petitioned for review of the RID.
On September 19, 2022, the Commission determined not to review the
RID. See 87 FR 58130-32 (Sept. 23, 2022). On November 15, 2022, the
Commission issued a final determination finding a violation, issuing a
GEO prohibiting the unlicensed importation of chocolate milk powder and
packaging thereof that infringe the '026 mark, and terminating the
investigation. See 87 FR 70864-66 (Nov. 21, 2022). The GEO prohibits
the unlicensed importation of ``chocolate milk powder in consumer-sized
container with the Bournvita label.'' Id.; GEO at 2 (Nov. 15, 2022). On
the same day, the Commission issued an opinion explaining the basis for
its final determination.
On November 9, 2023, the Commission determined to institute an
enforcement proceeding under Commission Rule 210.75 to investigate
alleged violations of the GEO by the four Enforcement Respondents. See
Comm'n Notice, EDIS Doc. ID 808258 (Nov. 9, 2023); see also 88 FR
78786-87 (Nov. 16, 2023); 89 FR 15220 (Mar. 1, 2024). OUII is also
named as a party. 88 FR at 78787.
On January 10, 2024, the presiding ALJ issued an order directing
the Enforcement Respondents to show cause why they should not be found
in default and why judgment should not be rendered against them for
failing to respond to the enforcement complaint and notice of
investigation. See Order No. 6 (Jan. 10, 2024). Order No. 6 directed
the Enforcement Respondents to make any showing of good cause by no
later than February 2, 2024. Id. at 3. No party responded to Order No.
6. See Order No. 8 at 1 (Feb. 13, 2024).
On March 14, 2024, the Commission determined that the four
Enforcement Respondents were in default. See Order No. 8 (Feb. 13,
2024), unreviewed by Comm'n Notice (Mar. 15, 2024). On March 15, 2024,
Meenaxi filed a motion requesting summary determination of violation of
the GEO and the issuance of CDOs against the four Enforcement
Respondents. See Order No. 9 (Aug. 16, 2024) (``ID'') at 5.
On August 16, 2024, the presiding ALJ issued the subject ID (Order
No. 9), granting Meenaxi's motion and recommending issuance of the
requested CDOs. The ALJ concluded that ``the unrebutted evidence
summarized below demonstrates that the Enforcement Respondents have
imported and/or sold after importation chocolate milk powder products
bearing the `Bournvita' label'' in violation of the GEO. ID at 16-17.
The ID noted that Meenaxi alleges that the Enforcement Respondents have
violated the GEO by offering for sale, selling, advertising, and aiding
and abetting the sale for Cadbury's ``BOURNVITA'' products. Id. at 17-
18. The ID explained that ``[t]hese (or similar) products were found to
infringe the '026 Mark during the violation phase'' of this
investigation. Id. at 18. No party filed a petition seeking review of
the ID.
On August 19, 2024, the Commission issued a notice soliciting
submissions on public interest issues raised by the recommended relief
should the Commission find a violation of the GEO, specifically, CDOs
against the four Enforcement Respondents: (1) Bharat Bazaar; (2)
Coconut Hill; (3) Organic Ingredients; and (4) New India. 89 FR 68203-
04 (Aug. 23, 2024). No comments were received in response to the
notice.
On October 2, 2024, the Commission issued a notice determining to
review the ID's findings that the Enforcement Respondents have violated
the GEO. 89 FR 81547-49 (Oct. 8, 2024). The Commission requested
briefing from the parties on (1) whether the sale of infringing
products imported before the issuance of a GEO but sold in the United
States after the issuance of that order constitutes a violation of the
GEO; (2) whether a complainant must provide evidence of importation of
infringing products after the date on which the GEO issued in order to
establish a violation of a GEO in an enforcement proceeding; and (3)
whether 19 U.S.C. 1337(g)(1) applies to allegations of a violation of a
GEO in an enforcement proceeding involving defaulting enforcement
respondents. Id. at 81548. The Commission also requested briefing from
the parties, interested government agencies, and other interested
persons on the issues of remedy, the public interest, and bonding. Id.
at 81548-49.
On October 16, 2024, Meenaxi and OUII each filed submissions in
response to the Commission's notice, arguing that the public interest
does not preclude issuance of the requested CDOs. In its response,
Meenaxi requested the same bond as previously issued in the underlying
investigation during the period of Presidential review pursuant to
section 337(j) (19 U.S.C. 1337(j)). No other party filed a response.
Having examined the record of this investigation, including the
parties' submissions, the Commission has
[[Page 92724]]
determined to find that the conditions set forth in section
337(g)(1)(A)-(E) (19 U.S.C. 1337(g)(1)(A)-(E)) have been satisfied, and
section 337(g)(1) directs the Commission, upon request, to issue a CDO
against a respondent found in default, based on the allegations
regarding a violation of the GEO 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. The
Commission has further determined that the appropriate remedy in this
investigation is to issue a CDO against each Enforcement Respondent.
The Commission has also determined that the public interest factors
enumerated in subsection 337(g)(1) do not preclude the issuance of the
CDOs. 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 one hundred percent (100%) of the
entered value of the infringing articles. The investigation is
terminated.
The Commission's vote on this determination took place on November
18, 2024.
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 18, 2024.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2024-27374 Filed 11-21-24; 8:45 am]
BILLING CODE 7020-02-P
