92722 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

(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 

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 

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 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 


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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 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 


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92724 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Notices 

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 

AGENCY: Office of Management and 

Budget, Executive Office of the 

President. 

ACTION: Notice of public feedback 

period. 

SUMMARY: 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 

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. 

SUPPLEMENTARY INFORMATION: 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. 

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 

AGENCY: National Science Foundation. 

ACTION: Notice and request for 

comments. 

SUMMARY: The National Science 

Foundation (NSF) is announcing plans 

to request establishment and clearance 

of this collection. In accordance with 

the requirements of the Paperwork 

Reduction Act of 1995, we are providing 

opportunity for public comment on this 

action. After obtaining and considering 

public comment, NSF will prepare the 

submission requesting that OMB 

approve clearance of this collection for 

no longer than three years. 

DATES: Written comments on this notice 

must be received by January 21, 2025 to 


ddrumheller on DSK120RN23PROD with NOTICES1