Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 28285 

Representative, as delegated by the 

President, has 60 days to approve or 

disapprove the Commission’s action. 

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. 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: The 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. All 

parties are requested to submit proposed 

remedial orders for the Commission’s 

consideration. Complainants are 

requested to state the dates that the 

patents expire and the HTSUS numbers 

under which the accused products are 

imported. The written submissions and 

proposed remedial orders must be filed 

no later than close of business on June 

2, 2010. Reply submissions, if any, must 

be filed no later than the close of 

business on June 11, 2010. No further 

submissions on these issues will be 

permitted unless otherwise ordered by 

the Commission. 

Persons filing written submissions 

must file the original document and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the proceedings. All such 

requests should be directed to the 

Secretary of the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR *201.6. 

Documents for which confidential 

treatment by the Commission is sought 

will be treated accordingly. All 

nonconfidential written submissions 

will be available for public inspection at 

the Office of the Secretary. 

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 

section 210.42 of the Commission’s 

Rules of Practice and Procedure (19 CFR 

210.42). 

By order of the Commission. 

Issued: May 14, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–12103 Filed 5–19–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation No. 337–TA–678] 

In the Matter of Certain Energy Drink 

Products; Notice of Commission 

Decision Not To Review an Initial 

Determination of Violation of Section 

337; Schedule for Submissions on 

Remedy, 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 not to 

review a final initial determination 

(‘‘final ID’’) (Order No. 34) issued by the 

presiding administrative law judge 

(‘‘ALJ’’) finding a violation of Section 

337 of the Tariff Act of 1930, as 

amended (‘‘section 337’’) in the aboveidentified investigation. 

FOR FURTHER INFORMATION CONTACT: 

James A. Worth, Office of the General 

Counsel, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436, telephone 202– 

205–3065. Copies of the public version 

of the ID and all nonconfidential 

documents filed in connection with this 

investigation are or will be available for 

inspection during official business 

hours (8:45 a.m. to 5:15 p.m.) in the 

Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street, SW., Washington, DC 20436, 

telephone 202–205–2000. Hearingimpaired persons are advised that 

information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on 202– 

205–1810. General information 

concerning the Commission may also be 

obtained by accessing its Internet server 

(http://www.usitc.gov). The public 

record for this investigation may be 

viewed on the Commission’s electronic 

docket (EDIS) at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: On June 

17, 2009, the Commission instituted this 

investigation, based on a complaint filed 

by Red Bull GmbH of Fuschl am See, 

Austria, and Red Bull North America of 

Santa Monica, California (collectively, 

‘‘Red Bull’’) filed on May 15, 2009, and 

supplemented on June 1, 2009. The 

respondents named in the notice of 

investigation were: Chicago Import Inc., 

of Chicago, Illinois (‘‘Chicago Import’’); 

Lamont Distr., Inc., a/k/a Lamont 

Distributors Inc., of Brooklyn, New York 

(‘‘Lamont’’); India Imports, Inc., a/k/a 

International Wholesale Club of 

Metairie, Louisiana (‘‘India Imports’’); 

Washington Food and Supply of DC, 

Inc., a/k/a Washington Cash & Carry of 

Washington, DC (‘‘Washington Food’’); 

Vending Plus, Inc., of Glen Burnie, 

Maryland; and Baltimore Beverage Co., 

Glen Burnie, Maryland. The complaint 

alleged violations of Section 337 of the 

Tariff Act of 1930, as amended, by 

reason of the importation, the sale for 

importation, or the sale after 

importation, of certain energy drink 

products that infringe U.S. Trademark 

Registration Nos. 3,092,197; 2,946,045; 

2,2994,429; 3,479,607 and U.S. 

Copyright Registration No. 

VA0001410959. The complaint further 

alleged that an industry in the United 

States exists as required by subsection 

(a)(2) of section 337. On August 12, 

2009, the Commission determined not 

to review an ID (Order No. 7) granting 

a motion to amend the notice of 

investigation to clarify that Vending 

Plus, Inc., and Baltimore Beverage Co., 

comprise a single entity, Vending Plus, 

Inc. d/b/a Baltimore Beverage Co. 

(‘‘Vending Plus’’). On September 30, 

2009, the Commission determined not 

to review an ID (Order No. 11) granting 

a motion to amend the notice of 

investigation to include the following 

additional respondents: Posh Nosh 

Imports (USA), Inc., of South Kearny, 

New Jersey (‘‘Posh Nosh’’); Greenwich, 

Inc., of Florham Park, New Jersey 

(‘‘Greenwich’’); Advantage Food 

Distributors Ltd., of Suffolk, UK 

(‘‘Advantage Food’’); Wheeler Trading, 

Inc., of Miramar, Florida (‘‘Wheeler 

Trading’’); Avalon International General 

Trading, LLC, of Dubai, United Arab 

Emirates (‘‘Avalon’’); and Central 

Supply, Inc., of Brooklyn, NY (‘‘Central 

Supply’’). 

On January 5, 2010, the Commission 

determined not to review IDs (Order 

Nos. 21 and 22) finding Lamont and 

Avalon in default pursuant to 

Commission Rule 210.16. On January 

20, 2010, the Commission determined 

not to review four IDs (Order Nos. 24, 

25, 26, and 27) terminating the 

investigation as to respondents Wheeler 

Trading, Washington Food, India 

Imports, and Vending Plus on the basis 

of settlement agreements. On January 

28, 2010, the Commission determined 

not to review IDs (Order Nos. 29 and 30) 

finding respondents Posh Nosh, 

Greenwich, Advantage Food, and 

Chicago Imports in default pursuant to 

Commission Rule 210.16. On February 

16, 2010, the Commission determined 

not to review an ID (Order No. 32) 

finding respondent Central Supply in 

default pursuant to Commission Rule 

210.16. 

On December 2, 2009, Red Bull 

moved for summary determination on 

the issues of domestic industry, 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
28286 Federal Register / Vol. 75, No. 97 / Thursday, May 20, 2010 / Notices 

importation, and violation of Section 

337. Pursuant to Commission Rule 

210.16(c)(2), 19 CFR 216(c)(2), Red Bull 

also stated that it was seeking a general 

exclusion order. On December 23, 2009, 

the Commission investigative attorney 

submitted a response, in support of a 

finding that domestic industry exists 

and that Section 337 has been violated 

by defaulting respondents Avalon, Posh 

Nosh, Greenwich, Advantage Food, 

Central Supply, and Chicago Import, but 

not by respondent Lamont. On January 

13, 2010, and again on March 10, 2010, 

Red Bull filed without objection 

supplemental declarations and 

attachments to its motion for summary 

determination. 

On March 31, 2010, the presiding 

administrative law judge issued the 

subject final ID, Order No. 34, granting 

Red Bull’s motion for summary 

determination of violation with respect 

to respondents Avalon, Posh Nosh, 

Greenwich, Advantage Food, Central 

Supply, and Chicago Import. He also 

recommended a general exclusion order 

and a 100 percent bond to permit 

importation during the Presidential 

review period. 

No petitions for review were filed. 

The Commission has determined not to 

review Order No. 34. 

In connection with the final 

disposition of this investigation, the 

Commission may (1) issue an order that 

could result in the exclusion of the 

subject articles from entry into the 

United States, and/or (2) issue one or 

more cease and desist orders that could 

result in the respondent being required 

to cease and desist from engaging in 

unfair acts in the importation and sale 

of such articles. Accordingly, 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 In the Matter of Certain 

Devices for Connecting Computers via 

Telephone Lines, Inv. No. 337–TA–360, 

USITC Pub. No. 2843 (December 1994) 

(Commission Opinion). 

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 the Commission’s action. 

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 and the Commission 

investigative attorney are also requested 

to submit proposed remedial orders for 

the Commission’s consideration. 

Complainants are also requested to state 

the HTSUS numbers under which the 

accused products are imported. 

Written submissions must be filed no 

later than close of business on May 28, 

2010. Reply submissions must be filed 

no later than the close of business on 

June 7, 2010. Such submissions should 

address the ALJ’s recommended 

determinations on remedy and bonding 

which were made in Order No. 34. 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 and 12 

true copies thereof on or before the 

deadlines stated above with the Office 

of the Secretary. Any person desiring to 

submit a document to the Commission 

in confidence must request confidential 

treatment unless the information has 

already been granted such treatment 

during the investigation. All such 

requests should be directed to the 

Secretary to the Commission and must 

include a full statement of the reasons 

why the Commission should grant such 

treatment. See 19 CFR *201.6. 

Documents for which confidential 

treatment by the Commission is sought 

will be treated accordingly. All 

nonconfidential written submissions 

will be available for public inspection at 

the Office of the Secretary. 

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 

sections 210.16 and 210.42–46 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.16; 210.42–46). 

By order of the Commission. 

Issued: May 14, 2010. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 2010–12102 Filed 5–19–10; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[USITC SE–10–016] 

Government in the Sunshine Act 

Meeting Notice 

AGENCY HOLDING THE MEETING: United 

States International Trade Commission. 

TIME AND DATE: May 26, 2010 at 11 a.m. 

PLACE: Room 101, 500 E Street, SW., 

Washington, DC 20436, Telephone: 

(202) 205–2000. 

STATUS: Open to the public. 

MATTERS TO BE CONSIDERED: 

1. Agenda for future meetings: None. 

2. Minutes. 

3. Ratification List. 

4. Inv. No. 731–TA–149 (Third 

Review) (Barium Chloride from 

China)—briefing and vote. (The 

Commission is currently scheduled to 

transmit its determination and 

Commissioners’ opinions to the 

Secretary of Commerce on or before 

June 9, 2010.) 

5. Outstanding action jackets: None. 

In accordance with Commission 

policy, subject matter listed above, not 

disposed of at the scheduled meeting, 

may be carried over to the agenda of the 

following meeting. 

By order of the Commission: 

Issued: May 18, 2010. 

William R. Bishop, 

Hearings and Meetings Coordinator. 

[FR Doc. 2010–12329 Filed 5–18–10; 4:15 pm] 

BILLING CODE 7020–02–P 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1