78786 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 

The rate of 2.75 percent will be used 

by all Federal agencies in the 

formulation and evaluation of water and 

related land resources plans for the 

purpose of discounting future benefits 

and computing costs or otherwise 

converting benefits and costs to a 

common-time basis. 

Christopher Beardsley, 

Director, Policy and Programs. 

[FR Doc. 2023–25310 Filed 11–15–23; 8:45 am] 

BILLING CODE 4332–90–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1332] 

Certain Chocolate Milk Powder and 

Packaging Thereof; Notice of 

Institution of Formal Enforcement 

Proceeding 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined to institute 

a formal enforcement proceeding 

relating to the general exclusion order 

(‘‘GEO’’) issued on November 15, 2022, 

in the above-referenced investigation. 

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 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 this investigation 

on December 1, 2020, based on a 

complaint filed on behalf of Meenaxi 

Enterprise Inc. (‘‘Meenaxi’’) of Edison, 

New Jersey. 85 FR 77237–8 (Dec. 1, 

2020). The complaint alleged violations 

of section 337 based upon the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain chocolate milk powder and 

packaging thereof by reason of 

infringement of U.S. Trademark 

Registration No. 4,206,026 (‘‘the ’026 

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; 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 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. 

Id. The Office of Unfair Import 

Investigations (‘‘OUII’’) was also a party 

to the 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 (‘‘CALJ’’) 

granted the motion as an initial 

determination (‘‘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 current 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 current 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. 27 at 3 

(Aug. 3, 2022). On May 19, 2022, the 

CALJ issued an ID finding Organic 

Ingredients and New India in default 

(collectively with the respondents 

previously found in default, the 

‘‘Defaulting Respondents’’). Order No. 

23 (May 19, 2022), unreviewed by 

Comm’n Notice (June 14, 2022). 

Subsequently, on June 15, 2022, 

following the remand determination of 

default, 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 current CALJ 

issued a remand ID (‘‘RID’’), 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)(B), (a)(2), and (a)(3). 

The RID also contained the CALJ’s 

recommended determination (‘‘RD’’) on 

remedy and bonding. The RD 

recommended issuance of a GEO with 


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Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 78787 

1The record is defined in § 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2 88 FR 69130, 88 FR 69134, 88 FR 69138, and 

88 FR 69141, October 5, 2023. 3 88 FR 68670, October 4, 2023. 

respect to the asserted ’026 mark. No 

party petitioned for review of the ID. 

On September 19, 2022, the 

Commission determined not to review 

the RID. 87 FR 58130–1 (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. 87 FR 70864–65. On 

the same day, the Commission issued an 

opinion explaining the basis for its final 

determination. 

On October 9, 2023, Meenaxi filed a 

complaint requesting that the 

Commission institute an enforcement 

proceeding under Commission Rule 

210.75 to investigate alleged violations 

of the General Exclusion Order by four 

proposed enforcement respondents: (1) 

Organic Ingredients; (2) New India; (3) 

Bharat Bazar; and (4) Coconut Hill Inc. 

of Sunnyvale, California. Meenaxi 

asserts that the four proposed 

enforcement respondents continue to 

import, sell for importation, advertise, 

market, distribute, offer to sell 

‘‘Bournvita’’ products that infringe the 

‘026 mark. Meenaxi also alleges that the 

four proposed enforcement respondents 

are in continuing violation of the GEO 

and as a result, it is sustaining 

‘‘immediate and irreparable harm.’’ 

None of the respondents answered 

Meenaxi’s enforcement complaint. 

Having examined the enforcement 

complaint and the supporting 

documents, the Commission has 

determined to institute a formal 

enforcement proceeding, pursuant to 

Commission Rule 210.75(a) (19 CFR 

210.75(a)), to determine whether 

violations of the GEO, issued on 

November 15, 2022 in the abovereferenced investigation, have occurred 

and to determine what, if any, 

enforcement measures are appropriate. 

The named respondents are: (1) Organic 

Ingredients Inc. d/b/a Namaste Plaza 

Indian Super Market; (2) New India 

Bazar Inc.; (3) Bharat Bazar Inc.; and (4) 

Coconut Hill Inc. d/b/a Coconut Hill. 

OUII is also named as a party. 

In the Order issued concurrently 

herewith, the Commission has delegated 

this enforcement proceeding to the CALJ 

for designation of a presiding 

Administrative Law Judge to conduct 

any necessary proceedings, issue an 

Enforcement Initial Determination, and 

make a recommendation on appropriate 

enforcement measures, if any. 

The Commission’s vote on this 

determination took place on November 

9, 2023. 

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 9, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–25279 Filed 11–15–23; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–683 and 731– 

TA–1594–1596 (Final)] 

Paper File Folders From China, India, 

and Vietnam 

Determinations 

On the basis of the record 1 developed 

in the subject investigations, 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 

materially injured by reason of imports 

of paper file folders from China, India, 

and Vietnam, provided for in 

subheading 4820.30.00 of the 

Harmonized Tariff Schedule of the 

United States, that have been found by 

the U.S. Department of Commerce 

(‘‘Commerce’’) to be sold in the United 

States at less than fair value (‘‘LTFV’’), 

and to be subsidized by the government 

of India.2

Background 

The Commission instituted these 

investigations, effective October 12, 

2022, following receipt of petitions filed 

with the Commission and Commerce by 

the Coalition of Domestic Folder 

Manufacturers, Hastings, Minnesota and 

Naperville, Illinois. The final phase of 

the investigations was scheduled by the 

Commission following notification of 

preliminary determinations by 

Commerce that imports of paper file 

folders from India were subsidized 

within the meaning of section 703(b) of 

the Act (19 U.S.C. 1671b(b)) and imports 

of paper file folders from China, India, 

and Vietnam were sold at LTFV within 

the meaning of 733(b) of the Act (19 

U.S.C. 1673b(b)). Notice of the 

scheduling of the final phase of the 

Commission’s investigations and of a 

public hearing to 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 on June 8, 2023 (88 FR 37579). 

The public hearing in connection with 

the investigations, originally scheduled 

for October 3, 2023, was cancelled.3

The Commission made these 

determinations pursuant to §§ 705(b) 

and 735(b) of the Act (19 U.S.C. 

1671d(b) and 19 U.S.C. 1673d(b)). It 

completed and filed its determinations 

in these investigations on November 13, 

2023. The views of the Commission are 

contained in USITC Publication 5472 

(November 2023), entitled Paper File 

Folders from China, India, and Vietnam: 

Investigation Nos. 701–TA–683 and 

731–TA–1594–1596 (Final). 

By order of the Commission. 

Issued: November 13, 2023. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2023–25331 Filed 11–15–23; 8:45 am] 

BILLING CODE 7020–02–P 

DEPARTMENT OF JUSTICE 

[OMB Number 1117–0023] 

Agency Information Collection 

Activities; Proposed eCollection 

eComments Requested; Import/Export 

Declaration for List I and List II 

Chemical 

AGENCY: Drug Enforcement 

Administration, Department of Justice. 

ACTION: 30-Day notice. 

SUMMARY: The Drug Enforcement 

Administration (DEA), Department of 

Justice (DOJ), will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995. This proposed 

information collection was previously 

published in the Federal Register on 

September 11, 2023, allowing for a 60- 

day comment period. 

DATES: Comments are encouraged and 

will be accepted for 30 days until 

December 18, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have comments especially on the 

estimated public burden or associated 

response time, suggestions, or need a 

copy of the proposed information 

collection instrument with instructions 

or additional information, please 

contact Scott A. Brinks, Regulatory 

Drafting and Policy Support Section, 


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