35532 Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–1269] 

Certain Electrolyte Containing 

Beverages and Labeling and 

Packaging Thereof; Institution of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on May 

6, 2021, under section 337 of the Tariff 

Act of 1930, as amended, on behalf of 

CAB Enterprises, Inc. of Houston, Texas 

and Sueros y Bebidas Rehidratantes, 

S.A. de C.V. of Mexico. Supplements 

were filed on May 12, 2021, May 24, 

2021, and May 25, 2021. The complaint, 

as supplemented, alleges 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 electrolyte containing beverages 

and labeling and packaging thereof by 

reason of infringement of U.S. 

Trademark Registration No. 4,222,726 

(‘‘the ’726 mark’’); U.S. Trademark 

Registration No. 4,833,885 (‘‘the ’885 

mark’’); U.S. Trademark Registration No. 

4,717,350 (‘‘the ’350 mark’’); and U.S. 

Trademark Registration No. 4,717,232 

(‘‘the ’232 mark’’) (collectively, 

‘‘Asserted Trademarks’’). The 

complaint, as supplemented, further 

alleges that an industry in the United 

States exists and is in the process of 

being established, as required by the 

applicable Federal Statute. The 

complainants request that the 

Commission institute an investigation 

and, after the investigation, issue a 

general exclusion order, or in the 

alternative a limited exclusion order, 

and cease and desist orders. 

ADDRESSES: The complaint, except for 

any confidential information contained 

therein, may be viewed on the 

Commission’s electronic docket (EDIS) 

at https://edis.usitc.gov. For help 

accessing EDIS, please email 

EDIS3Help@usitc.gov. Hearing impaired 

individuals are advised that information 

on this matter can be obtained by 

contacting the Commission’s TDD 

terminal on (202) 205–1810. Persons 

with mobility impairments who will 

need special assistance in gaining access 

to the Commission should contact the 

Office of the Secretary at (202) 205– 

2000. General information concerning 

the Commission may also be obtained 

by accessing its internet server at 

https://www.usitc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Pathenia M. Proctor, The Office of 

Unfair Import Investigations, U.S. 

International Trade Commission, 

telephone (202) 205–2560. 

SUPPLEMENTARY INFORMATION: 

Authority: The authority for 

institution of this investigation is 

contained in section 337 of the Tariff 

Act of 1930, as amended, 19 U.S.C. 

1337, and in section 210.10 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10 (2020). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

June 29, 2021, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine whether there is a 

violation of subsection (a)(1)(C) of 

section 337 in the importation into the 

United States, the sale for importation, 

or the sale within the United States after 

importation of certain products 

identified in paragraph (2) by reason of 

infringement of one or more of the 

Asserted Trademarks, and whether an 

industry in the United States exists or 

is in the process of being established as 

required by subsection (a)(2) of section 

337; 

(2) Pursuant to section 210.10(b)(1) of 

the Commission’s Rules of Practice and 

Procedure, 19 CFR 210.10(b)(1), the 

plain language description of the 

accused products or category of accused 

products, which defines the scope of the 

investigation, is ‘‘electrolyte beverages 

and associated packaging and labels that 

bear the Electrolit® Asserted 

Trademarks’’; 

(3) For the purpose of the 

investigation so instituted, the following 

are hereby named as parties upon which 

this notice of investigation shall be 

served: 

(a) The complainants are: 

CAB Enterprises, Inc., 2700 Post Oak 

Blvd., Suite 22–111, Houston, Texas 

77056 

Sueros y Bebidas Rehidratantes S.A. de 

C.V., Av. Espana No. 1840, Colonia 

Moderna, C.P. 44190, Guadalajara, 

Jalisco, Mexico 

(b) The respondents are the following 

entities alleged to be in violation of 

section 337, and are the parties upon 

which the complaint is to be served: 

Flexicompuestos S.A. de C.V., Avenida 

Kristal 619, Juarez, Nuevo Leon 

67280, Mexico 

Grupo Comercial Lux del Norte S.A. de. 

C.V., Emiliano Zapata 229, Centro 

Miguel Aleman, Septima y Octava, 

Miguel Aleman, Tamaulipas 88300, 

Mexico 

Carbonera Los Asadores S.A. de C.V., 

Carr. Nacional KM 85, No. 1413, Col. 

Centro, C.P. 67350, Allende, Nuevo 

Leo ́n, Mexico 

Caribe Agencia Express, S.A. de C.V., 

Avenida Tulum 269, Manzana 3 Lote 

2 y 3 Local 02 y Sm 15 A, Avenida 

Acanceh y Avenida Tulum, Benito 

Juarez, Quintana Roo 77500, Mexico 

Comercializadora Degu S.A. de C.V., 

Calle Anguila 106, Matamoros, 

Tamaulipas, C.P. 87398, Mexico 

Comercial Trevin ̃o de Reynosa, S.A. de 

C.V., Lib Mty Matamoros, Km. 7, S/N, 

Jacinto Lopez Ampliacion Av, San 

Rafael y Av Talleres, Reynosa, 

Tamaulipas 88756, Mexico 

H & F Tech International S.A. de C.V., 

Bernardo Reyes PTE 313, San Nicolas 

de los Garza Centro, Mariano 

Matamoros y Calle Anastacio 

Bustamante, San Nicola ́s de los Garza, 

Nuevo Leo ́n 66400, Mexico 

MPC Foods S.A. de C.V., Profesor Jose 

Flores 41, Manzanillo, Colima 28869, 

Mexico 

Myrna Guadalupe Perez Martinez, Blvd. 

Luis Donaldo Colosio, Col. Nuevo 

Amanecer 1003, Reynosa, Tamaulipas 

88790, Mexico 

Leticia Ange ́lica Saenz Fernandez, 

Segunda 517, Centro Miguel Aleman 

a Obregon e Insurgentes, Miguel 

Alema ́n, Tamaulipas 88300, Mexico 

Yoselen Susana Martinez Tirado, 

Montreal 114, La Can ̃ ada 2 Brasilia y 

Munich, Reynosa, Tamaulipas 88700, 

Mexico 

Distribuidora Mercatto S.A. de C.V., 

Jordan 2211, Monterrey, Nuevo Leo ́n, 

64460, Mexico 

Comercializadora Embers S.A. de C.V., 

Camino a la Paz 200, Allende, Nuevo 

Leo ́n 67353, Mexico 

Manuel Bautista Nogales, Prol. 

Constitucion 2219–6 Bodega 6, Luis 

Echeverria Alvarez Calle d y Esquina 

con 1RA Avenida, Santa Catarina, 

Nuevo Leo ́n 66358, Mexico 

(c) The Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, 500 E Street SW, Suite 

401, Washington, DC 20436; and 

(4) For the investigation so instituted, 

the Chief Administrative Law Judge, 

U.S. International Trade Commission, 

shall designate the presiding 

Administrative Law Judge. 

The Commission notes that issues 

regarding whether the domestic 

industry requirement of section 337 is 

met may be present here. In instituting 

this investigation, the Commission has 

not made any determination as to 

whether complainants have satisfied 

this requirement. The presiding 

Administrative Law Judge may wish to 

consider this issue at an early date, 


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Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Notices 35533 

including through use of the interim 

initial determination (ID) pilot program, 

https://www.usitc.gov/press_room/ 

featured_news/337pilotprogram.htm. 

Notwithstanding any Commission Rules 

to the contrary, which are hereby 

waived, any such decision should be (i) 

issued in the form of an ID under Rule 

210.42(c), 19 CFR 210.42(c), or (ii) if 

issued through use of the interim initial 

determination (ID) pilot program, in the 

form of an ID under Rule 210.42(a)(1)(i), 

19 CFR 210.42(a)(1)(i). The ID will 

become the Commission’s final 

determination 45 days after the date of 

service of the ID unless the Commission 

determines to review the ID. Any such 

review will be conducted in accordance 

with Commission Rules 210.43, 210.44, 

and 210.45, 19 CFR 210.43, 210.44, and 

210.45. 

Responses to the complaint and the 

notice of investigation must be 

submitted by the named respondents in 

accordance with section 210.13 of the 

Commission’s Rules of Practice and 

Procedure, 19 CFR 210.13. Pursuant to 

19 CFR 201.16(e) and 210.13(a), as 

amended in 85 FR 15798 (March 19, 

2020), such responses will be 

considered by the Commission if 

received not later than 20 days after the 

date of service by the complainants of 

the complaint and the notice of 

investigation. Extensions of time for 

submitting responses to the complaint 

and the notice of investigation will not 

be granted unless good cause therefor is 

shown. 

Failure of a respondent to file a timely 

response to each allegation in the 

complaint and in this notice may be 

deemed to constitute a waiver of the 

right to appear and contest the 

allegations of the complaint and this 

notice, and to authorize the 

administrative law judge and the 

Commission, without further notice to 

the respondent, to find the facts to be as 

alleged in the complaint and this notice 

and to enter an initial determination 

and a final determination containing 

such findings, and may result in the 

issuance of an exclusion order or a cease 

and desist order or both directed against 

the respondent. 

By order of the Commission. 

Issued: June 29, 2021. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2021–14260 Filed 7–2–21; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

entitled Certain Light-Based 

Physiological Measurement Devices and 

Components Thereof, DN 3554; the 

Commission is soliciting comments on 

any public interest issues raised by the 

complaint or complainant’s filing 

pursuant to the Commission’s Rules of 

Practice and Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

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 United 

States International Trade Commission 

(USITC) at https://www.usitc.gov. The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.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 has received a complaint 

and a submission pursuant to § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of 

Masimo Corporation and Cercacor 

Laboratories, Inc. on June 30, 2021. The 

complaint alleges violations of section 

337 of the Tariff Act of 1930 (19 U.S.C. 

1337) in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain light-based 

physiological measurement devices and 

components thereof. The complainant 

names as a respondent: Apple Inc. of 

Cupertino. CA. The complainant 

requests that the Commission issue an 

exclusion order, a cease and desist 

order, and impose a bond upon 

respondent alleged infringing articles 

during the 60-day Presidential review 

period pursuant to 19 U.S.C. 1337(j). 

Proposed respondents, other 

interested parties, and members of the 

public are invited to file comments on 

any public interest issues raised by the 

complaint or § 210.8(b) filing. 

Comments should address whether 

issuance of the relief specifically 

requested by the complainant in this 

investigation 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 requested 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 

relating to the requested remedial 

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 

party suppliers have the capacity to 

replace the volume of articles 

potentially subject to the requested 

exclusion order and/or a cease and 

desist order within a commercially 

reasonable time; and 

(v) explain how the requested 

remedial orders would impact United 

States consumers. 

Written submissions on the public 

interest must be filed no later than by 

close of business, eight calendar days 

after the date of publication of this 

notice in the Federal Register. There 

will be further opportunities for 

comment on the public interest after the 

issuance of any final initial 

determination in this investigation. Any 

written submissions on other issues 

must also be filed by no later than the 

close of business, eight calendar days 

after publication of this notice in the 

Federal Register. Complainant may file 

replies to any written submissions no 

later than three calendar days after the 

date on which any initial submissions 

were due. No other submissions will be 

accepted, unless requested by the 

Commission. Any submissions and 

replies filed in response to this Notice 

are limited to five (5) pages in length, 

inclusive of attachments. 

Persons filing written submissions 

must file the original document 


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