[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78786-78787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25279]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#5712131e04641f323b271722243e233479303821"><span class="__cf_email__" data-cfemail="7a3f3e332949321f160a3a0f09130e19541d150c">[email protected]</span></a>. 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

[[Page 78787]]

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 above-referenced 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


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