Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 28725 

Rules of Practice and Procedure (19 CFR 

210.41-.42, 210.50). 

By order of the Commission. 

Issued: June 12, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–14204 Filed 6–16–09; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–678] 

In the Matter of Certain Energy Drink 

Products; Notice of Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on May 

15, 2009, under section 337 of the Tariff 

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

1337, on behalf of Red Bull GmbH of 

Austria and Red Bull North America, 

Inc. of Santa Monica, California. The 

complainants filed a letter 

supplementing the complaint on June 1, 

2009. The complaint 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 energy drink products that 

infringe U.S. Trademark Registration 

Nos. 3,092,197; 2,946,045; 2,994,429; 

and 3,479,607 and U.S. Copyright 

Registration No. VA0001410959. The 

complaint further alleges that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. 

The complainants request that the 

Commission institute an investigation 

and, after the investigation, issue a 

general exclusion order and cease and 

desist orders. 

ADDRESSES: The complaint and 

supplement, except for any confidential 

information contained therein, are 

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., Room 112, Washington, DC 

20436, telephone 202–205–2000. 

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 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. 

FOR FURTHER INFORMATION CONTACT: Juan 

Cockburn, Esq., Office of Unfair Import 

Investigations, U.S. International Trade 

Commission, telephone (202) 205–2572. 

Authority: The authority for 

institution of this investigation is 

contained in section 337 of the Tariff 

Act of 1930, as amended, and in section 

210.10 of the Commission’s Rules of 

Practice and Procedure, 19 CFR 210.10 

(2009). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

June 11, 2009, ordered that— 

(1) Pursuant to subsection (b) of 

section 337 of the Tariff Act of 1930, as 

amended, an investigation be instituted 

to determine: 

(a) Whether there is a violation of 

subsection (a)(1)(B) 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 energy drink products by reason 

of infringement of U.S. Copyright 

Registration No. VA0001410959, and 

whether an industry in the United 

States exists as required by subsection 

(a)(2) of section 337; and 

(b) 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 energy drink products by reason 

of infringement of U.S. Trademark 

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

2,994,429; or 3,479,607, and whether an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337; and 

(2) 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— 

Red Bull GmbH, Am Brunnen 1, Fuschl 

am See, 5330 Austria; 

Red Bull North America, Inc., 1740 

Stewart Street, Santa Monica, CA 

90404. 

(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: 

Chicago Import Inc., 3801–11 West 

Laurence Avenue, Chicago, IL 60625; 

Lamont Dist., Inc., a/k/a Lamont 

Distributors Inc. 5 Lamont Court Suite 

3Am, Brooklyn, NY 11225; 

India Imports, Inc., a/k/a International 

Wholesale Club, 2901 Richland 

Avenue, Metairie, LA 70002; 

Washington Food and Supply of D.C., 

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

1270 4th Street NE., Washington, DC 

20002; 

Vending Plus, Inc., 2409 Peppermill 

Drive, Unit J, Glen Burnie, MD 21061; 

Baltimore Beverage Co., 2409 

Peppermill Drive., Unit J, Glen 

Burnie, MD 21061. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Juan Cockburn, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Suite 401, Washington, DC 20436; and 

(3) For the investigation so instituted, 

Paul J. Luckern, Chief Administrative 

Law Judge, U.S. International Trade 

Commission, shall designate the 

presiding Administrative Law Judge. 

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(d) and 210.13(a), such 

responses will be considered by the 

Commission if received not later than 20 

days after the date of service by the 

Commission 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 12, 2009. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E9–14205 Filed 6–16–09; 8:45 am] 

BILLING CODE 7020–02–P 


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