[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Pages 33831-33832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11868]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1269]


Certain Electrolyte Containing Beverages and Labeling and 
Packaging Thereof; Notice of Commission Request for Written Submissions 
on Remedy, the Public Interest, and Bonding

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 request written submissions from the 
parties, interested government agencies, and interested persons, under 
the schedule set forth below, on remedy, the public interest, and 
bonding.

FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 708-4716. 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#ebaeafa2b8d8a38e879bab9e98829f88c58c849d"><span class="__cf_email__" data-cfemail="5613121f05651e333a261623253f223578313920">[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: On July 6, 2021, the Commission instituted 
this investigation under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), based on a complaint filed 
by CAB Enterprises, Inc. of Houston, Texas and Sueros y Bebidas 
Rehidratantes, S.A. de C.V. of Mexico (collectively, ``Complainants''). 
See 86 FR 35532-33 (July 6, 2021). The complaint, as supplemented, 
alleges a violation 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 Nos. 4,222,726; 4,833,885; 4,717,350; and 
4,717,232 (collectively, ``the Asserted Trademarks''). See id. The 
notice of investigation names the following respondents (all of 
Mexico): (1) Carbonera Los Asadores de C.V.; Comercial Trevi[ntilde]o 
de Reynosa, S.A. de C.V.; Distribuidora Mercatto S.A. de C.V.; H & F 
Tech International S.A. de C.V.; Leticia Ang[eacute]lica Saenz 
Fernandez; Yoselen Susana Martinez Tirado; Grupo Comercial Lux del 
Norte S.A. de C.V.; and Caribe Agencia Express, S.A. de C.V. 
(collectively, ``the Defaulting Respondents''); and (2) Flexicompuestos 
S.A. de C.V.; Comercializadora Degu S.A. de C.V.; MPC Foods S.A. de 
C.V.; Myrna Guadalupe Perez Martinez; Comercializadora Embers S.A. de 
C.V.; and Manuel Bautista Nogales (collectively, ``the Remaining 
Respondents''). See id. The Office of Unfair Import Investigations 
(``OUII'') is also a party to the investigation. See id.
    On September 14, 2021, and April 7, 2022, the presiding 
administrative law judge (``ALJ'') issued initial determinations (Order 
Nos. 8 & 19) finding the Defaulting Respondents in default pursuant to 
Commission Rule 210.16 (19 CFR 210.16), for failure to respond to the 
complaint and notice of investigation and to orders to show cause 
(Order Nos. 7 & 9). See Order No. 8 (Sept. 14, 2021), unreviewed by 
Comm'n Notice (Oct. 6, 2021); Order No. 19 (Apr. 7, 2022), unreviewed 
by Comm'n Notice (Apr. 26, 2022).
    On April 6, 2022, Complainants filed a motion for partial 
termination of the investigation as to the Remaining Respondents based 
on the withdrawal of the allegations in the complaint as to those 
respondents under 19 CFR 210.21(a). On April 7, 2022, OUII filed a 
response in support of the motion.
    On April 18, 2022, Complainants filed a declaration under 
Commission Rule 210.16 (19 CFR 210.16) requesting the immediate entry 
of limited exclusion

[[Page 33832]]

orders against the Defaulting Respondents. Complainants also indicated 
pursuant to 19 CFR 210.16(c)(2) that they are not seeking a general 
exclusion order. No response to Complainants' declaration was received.
    Commission Rule 210.16(c)(1) provides that ``[a]fter a respondent 
has been found in default by the Commission, the complainant may file 
with the Commission a declaration that it is seeking immediate entry of 
relief against the respondent in default'' and ``[t]he facts alleged in 
the complaint will be presumed to be true with respect to the 
defaulting respondent.'' See 19 CFR 210.16. In addition, ``[t]he 
Commission may issue an exclusion order, a cease and desist order, or 
both, affecting the defaulting respondent only after considering the 
effect of such order(s) upon the public health and welfare, competitive 
conditions in the U.S. economy, the production of like or directly 
competitive articles in the United States, and U.S. consumers, and 
concluding that the order(s) should still be issued in light of the 
aforementioned public interest factors.'' See id.
    Accordingly, the Commission has determined to request written 
submissions from the parties, interested government agencies, and 
interested persons, under the schedule set forth below, on remedy, the 
public interest, and bonding. More specifically, the Commission is 
interested in receiving written submissions that address the form of 
remedy, if any, that should be ordered. If a party seeks exclusion of 
an article from entry into the United States for purposes other than 
entry for consumption, the party should so indicate and provide 
information establishing that activities involving other types of entry 
either are adversely affecting it or likely to do so. For background, 
see Certain Devices for Connecting Computers via Telephone Lines, Inv. 
No. 337-TA-360, USITC Pub. No. 2843, Comm'n Op. at 7-10 (Dec. 1994).
    If the Commission contemplates some form of remedy, it must 
consider the effects of that remedy upon the public interest. The 
factors the Commission will consider include the effect that an 
exclusion order and/or cease and desist orders would have on (1) the 
public health and welfare, (2) competitive conditions in the U.S. 
economy, (3) U.S. production of articles that are like or directly 
competitive with those that are subject to investigation, and (4) U.S. 
consumers. The Commission is therefore interested in receiving written 
submissions that address the aforementioned public interest factors in 
the context of this investigation.
    If the Commission orders some form of remedy, the U.S. Trade 
Representative, as delegated by the President, has 60 days to approve 
or disapprove, or take no action on the Commission's determination. See 
Presidential Memorandum of July 21, 2005, 70 FR 43251 (July 26, 2005). 
During this period, the subject articles would be entitled to enter the 
United States under bond, in an amount determined by the Commission and 
prescribed by the Secretary of the Treasury. The Commission is 
therefore interested in receiving submissions concerning the amount of 
the bond that should be imposed if a remedy is ordered.
    Written Submissions: Parties to the investigation, interested 
government agencies, and any other interested parties are encouraged to 
file written submissions on the issues of remedy, the public interest, 
and bonding. Complainants are also requested to submit proposed 
remedial orders for the Commission's consideration. Complainants are 
further requested to provide the HTSUS numbers under which the accused 
products are imported, and to supply the names of known importers of 
the products at issue in this investigation.
    Written submissions and proposed remedial orders must be filed no 
later than close of business on June 10, 2022. Reply submissions must 
be filed no later than the close of business on June 17, 2022. No 
further submissions on any of these issues will be permitted unless 
otherwise ordered by the Commission.
    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-1269'') in a prominent place on 
the cover page and/or the first page. (See Handbook for Electronic 
Filing Procedures, https://www.usitc.gov/documents/handbook_on_filing_procedures.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) 
& 210.5(e)(2)). Documents for which confidential treatment by the 
Commission is properly sought will be treated accordingly. 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 non-confidential written submissions will be available 
for public inspection at the Office of the Secretary and on EDIS.
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the Complainant(s) complete service for any 
party/parties without a method of electronic service noted on the 
attached Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).
    The Commission's vote for this determination took place on May 27, 
2022.
    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: May 24, 2022.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2022-11868 Filed 6-2-22; 8:45 am]
BILLING CODE 7020-02-P


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