Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 33831 

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

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2 87 FR 22179, 87 FR 22182, 87 FR 22188, 87 FR 

22184 (April 14, 2022). 

3The Commission also finds that imports subject 

to Commerce’s affirmative critical circumstances 

determination are not likely to undermine seriously 

the remedial effect of the antidumping duty order 

on Argentina. The Commission finds that imports 

subject to Commerce’s affirmative critical 

circumstances determination are likely to 

undermine seriously the remedial effect of the 

antidumping duty order on Vietnam. 

4On March 24, 2022, counsel for petitioners filed 

with Commerce and the Commission a withdrawal 

of their petition regarding imports of raw honey 

from Ukraine. Accordingly, the antidumping duty 

investigation concerning raw honey from Ukraine 

(Investigation No. 731–TA–1563 (Final)) was 

terminated. 87 FR 19855 (April 6, 2022), 87 FR 

20462 (April 07, 2022). 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1560–1562 and 

1564 (Final)] 

Raw Honey From Argentina, Brazil, 

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 raw honey from Argentina, Brazil, 

India, and Vietnam, provided for in 

subheading 0409.00.00 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’’).2 3

Background 

The Commission instituted these 

investigations effective April 21, 2021, 

following receipt of petitions filed with 

the Commission and Commerce by the 

American Honey Producers Association 

(‘‘AHPA’’), Bruce, South Dakota, and the 

Sioux Honey Association (‘‘SHA’’), 

Sioux City, Iowa. The Commission 

scheduled the final phase of the 

investigations following notification of 

preliminary determinations by 

Commerce that imports of raw honey 

from Argentina, Brazil, India, Ukraine, 

and Vietnam were being sold at LTFV 

within the meaning of section 733(b) of 

the Act (19 U.S.C. 1673b(b)).4 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 of December 9, 2021 (86 FR 

70144). The Commission conducted its 

hearing on April 11, 2022. All persons 

who requested the opportunity were 

permitted to participate. 

The Commission made these 

determinations pursuant to § 735(b) of 

the Act (19 U.S.C. 1673d(b)). It 

completed and filed its determinations 

in these investigations on May 27, 2022. 

The views of the Commission are 

contained in USITC Publication 5327 

(May 2022), entitled Raw Honey from 

Argentina, Brazil, India, and Vietnam: 

Investigation Nos. 731–TA–1560–1562 

and 1564 (Final). 

By order of the Commission. 

Issued: May 24, 2022. 

Lisa Barton, 

Secretary to the Commission. 

[FR Doc. 2022–11887 Filed 6–2–22; 8:45 am] 

BILLING CODE 7020–02–P 

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. 

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 

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: 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 Trevin ̃ 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 Ange ́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 


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33832 Federal Register / Vol. 87, No. 107 / Friday, June 3, 2022 / Notices 

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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