Certain Chocolate Milk Powder and Packaging Thereof; Notice of Request for Submissions on the Public Interest

AGENCY:

International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that on August 16, 2024, the presiding administrative law judge (“ALJ”) issued an Initial Determination (“ID”) Granting Complainant's Motion for Summary Determination of Violation of the General Exclusion Order (“GEO”), combined with a Recommended Determination (“RD”) to issue cease and desist orders (“CDOs”) against four defaulting enforcement respondents. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation of the GEO. This notice is soliciting comments from the public and interested government agencies only.

SUPPLEMENTARY INFORMATION:

On November 9, 2023, the Commission determined to institute an enforcement proceeding under Commission Rule 210.75 on behalf of complainant Meenaxi Enterprise Inc. (“Meenaxi”) to investigate alleged violations of the GEO by four respondents: (1) Bharat Bazar Inc. of Union City, California (“Bharat Bazaar”); (2) Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, California (“Coconut Hill”); (3) Organic Ingredients Inc. d/b/a Namaste Plaza Indian Super Market (“Organic Ingredients”) of San Diego, California; and (4) New India Bazar Inc. d/b/a New India Bazar of San Jose, California (“New India”) (collectively the “Enforcement Respondents”). See Comm'n Notice (Nov. 9, 2023); see also88 FR 78786-87 (Nov. 16, 2023); 89 FR 15220 (Mar. 1, 2024).

On January 10, 2024, the presiding ALJ issued an order directing the Enforcement Respondents to show cause why they should not be found in default and why judgment should not be rendered against them for failing to respond to the enforcement complaint and notice of investigation. See Order No. 6 (Jan. 10, 2024). Order No. 6 directed the Enforcement Respondents to make any showing of good cause by no later than February 2, 2024. Id. at 3. No party responded to Order No. 6. See Order No. 8 at 1 (Feb. 13, 2024).

On March 14, 2024, the Commission determined that the four Enforcement Respondents are in default. See Order No. 8 (Feb. 13, 2024), unreviewed by Comm'n Notice (Mar. 14, 2024). On March 15, 2024, Meenaxi filed a motion requesting summary determination of violation of the GEO and the issuance of CDOs against the four Enforcement Respondents. See ID at 5. On August 16, 2024, the presiding ALJ issued the ID and RD granting Meenaxi's motion and recommending issuance of the requested CDOs.

Section 337 of the Tariff Act of 1930 provides that, if the Commission finds a violation, it shall exclude the articles concerned from the United States unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. (19 U.S.C. 1337(d)(1)). A similar provision applies to cease and desist orders. (19 U.S.C. 1337(f)(1)).

The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation of the GEO, specifically: CDOs against the four Enforcement Respondents: (1) Bharat Bazaar; (2) Coconut Hill; (3) Organic Ingredients; and (4) New India. Parties are to file public interest submissions pursuant to 19 CFR 210.50(a)(4).

The Commission is interested in further development of the record on the public interest in this investigation. Accordingly, members of the public and interested government agencies are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the ALJ's Recommended Determination. Comments should address whether issuance of the recommended CDOs in this investigation, should the Commission find a violation of the GEO, 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 recommended CDOs are used in the United States;

(ii) identify any public health, safety, or welfare concerns in the United States relating to the recommended CDOs;

(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 are subject to CDOs;

(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 recommended CDOs within a commercially reasonable time; and

(v) explain how the recommended CDOs would impact consumers in the United States.

Written submissions must be filed no later than by close of business on September 9, 2024.

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 (Mar. 19, 2020). Submissions should refer to the investigation number (“Inv. No. 337-TA-1232 Enforcement”) in a prominent place on the cover page and/or the first page. ( See Handbook for Electronic Filing Procedures, https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.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. Any non-party wishing to submit comments containing confidential information must serve those comments on the parties to the investigation pursuant to the applicable Administrative Protective Order. A redacted non-confidential version of the document must also be filed simultaneously with any confidential filing and must be served in accordance with Commission Rule 210.4(f)(7)(ii)(A) (19 CFR 210.4(f)(7)(ii)(A)). 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 nonconfidential written submissions will be available for public inspection on EDIS.

This action is taken under the authority of 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).

[FR Doc. 2024-18913 Filed 8-22-24; 8:45 am]

BILLING CODE 7020-02-P