throbber
Federal Register/Vol. 87, No. 223/Monday, November 21, 2022 /Notices
`
`States, and United States consumers, it finds
`that such articles should not be excluded
`from entry.
`19 U.S.G. 1337(d)(1). A similar
`provision applies to cease and desist
`orders. 19 U.S.C. 1337(f)(1)
`The Commissionis soliciting
`submissions on public interest issues
`raised by the recommendedrelief
`should the Commissionfind a violation,
`specifically: a general exclusion order
`(“‘GEO”’) directed to certain flocked
`swabsandproducts containing same,or,
`if no GEOis issued, a limited exclusion
`order directed to certain flocked swabs
`and products containing same imported,
`sold for importation, and/orsold after
`importation by respondents Wuxi NEST
`Biotechnology Co., Ltd., NEST Scientific
`Inc., and NESTScientific USA
`(collectively, “NEST”’); Jiangsu
`Changfeng Medical Industry Co.;
`BioTeke Corporation (Wuxi) Co., Ltd.;
`Miraclean Technology Co.; and
`Huachenyang (Shenzhen) Technology
`Co., Ltd. and HCY USA, LLC
`(collectively, ‘““Respondents”’); and a
`cease and desist orderdirected to the
`NEST Respondents.Partiesare to file
`public interest submissions pursuantto
`19 CFR 210.50(a)(4).
`The Commission is interested in
`further developmentof the record on
`the public interest in this investigation.
`Accordingly, membersof the public 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 on
`Remedy and Bondingissuedin this
`investigation on November14, 2022.
`Comments should address whether
`issuance of the recommended remedial
`ordersin this investigation, should the
`Commission find a violation, 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 commentsthat:
`(i) explain how thearticles potentially
`subject to the recommended remedial
`orders are used in the United States;
`(ii) identify any public health, safety,
`or welfare concerns in the United States
`relating to the recommendedorders;
`(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 were to be
`excluded;
`(iv) indicate whether complainant,
`complainant’s licensees, and/or third-
`
`party suppliers have the capacity to
`replace the volumeofarticles
`potentially subject to the recommended
`orders within a commercially
`reasonable time; and
`(v) explain how the recommended
`orders would impact consumersin the
`United States.
`Written submissions mustbefiled no
`later than by close of business on
`December14, 2022.
`Personsfiling 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 shouldrefer to
`the investigation number(“Inv. No.
`337-TA—1279”’) in a prominent place on
`the cover page and/orthefirst page. (See
`Handbookfor Electronic Filing
`Procedures, https://www.usitc.gov/
`documents/handbook_on_filing_
`procedures.pdf.). Persons with
`questionsregardingfiling should
`contact the Secretary (202-205-2000).
`Any person desiring to submit a
`documentto the Commission in
`confidence must request confidential
`treatment by marking each document
`with a headerindicating that the
`document contains confidential
`information. This marking will be
`deemedto 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 theparties to the
`investigation pursuant to the applicable
`Administrative Protective Order. A
`redacted non-confidential version of the
`document mustalso 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
`purposesof 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 evaluationsrelating to the
`programs, personnel, and operations of
`the Commission including under5
`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 underthe
`authority of section 337 of the Tariff Act
`of 1930, as amended (19 U.S.C. 1337),
`andin Part 210 of the Commission’s
`Rules of Practice and Procedure (19 CFR
`part 210).
`By order of the Commission.
`Issued: November15, 2022.
`Katherine Hiner,
`Acting Secretary to the Commission.
`[FR Doc. 2022-25248 Filed 11-18-22; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337—TA-1232 (REMAND)]
`
`Certain Chocolate Milk Powder and
`Packaging Thereof; Notice of a
`Commission Determination To Issue a
`General Exclusion Order; Termination
`of Investigation
`AGENCY:International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY:Notice is hereby given that
`the U.S. International Trade
`Commission has determinedto issue a
`general exclusion order(“GEO”)
`prohibiting the unlicensed importation
`of chocolate milk powder and packaging
`thereof that infringe U.S. Trademark
`Registration No. 4,206,026 (“the ’026
`mark’’) (collectively, the “covered
`products”). The investigation is
`terminated.
`FOR FURTHER INFORMATION CONTACT:
`Clint Gerdine, Office of the General
`Counsel, U.S. International Trade
`Commission, 500 E Street SW,
`Washington, DC 20436, telephone (202)
`708-2310. Copies of non-confidential
`documents filed in connection with this
`investigation may be viewed on the
`Commission’s electronic docket system
`(“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 accessingits
`internet server at hitps://www.usitc.gov.
`Hearing-impaired personsare advised
`that information on this matter can be
`obtained by contacting the
`Commission’s TDD terminal, telephone
`(202) 205-1810.
`SUPPLEMENTARYINFORMATION: The
`Commission instituted this investigation
`on December1, 2020, based on a
`complaintfiled on behalf of Meenaxi
`
`

`

`70865
`Federal Register/Vol. 87, No. 223/Monday, November 21, 2022 /Notices
`
`Enterprise Inc. (“‘Meenaxi”’) of Edison,
`New Jersey. 85 FR 77237-8 (Dec. 1,
`2020). The complaint, as supplemented,
`alleges violations of section 337 of the
`Tariff Act of 1930, as amended, 19
`U.S.C. 1337, based upon the importation
`into the United States, the sale for
`importation, and the sale within the
`United States after importation of
`certain chocolate milk powder and
`packaging thereof by reason of
`infringement of the ’026 mark. The
`Commission’s notice of investigation
`named as respondents Bharat Bazar Inc.
`of Union City, California; Madras Group
`Inc. d/b/a Madras Groceries of
`Sunnyvale, California; Coconut Hill Inc.
`d/b/a Coconut Hill of Sunnyvale,
`California; Organic Food d/b/a Namaste
`Plaza Indian Super Market(‘Organic
`Food’’) of Fremont, California; India
`Cash & Carry of Sunnyvale California;
`NewIndia Bazar Inc. d/b/a New India
`Bazar of San Jose, California; Aapka Big
`Bazar of Jersey City, New Jersey; Siya
`Cash & Carry Inc. d/b/a Siya Cash &
`Carry of Jersey City, New Jersey; JFK
`Indian Grocery LLC d/b/a D-Mart Super
`MarketofJersey City, New Jersey;
`Trinethra Indian Super Markets of
`Newark, California; Apna Bazar Cash &
`Carry Inc. d/b/a Apna Bazar Cash &
`Carry of Edison, New Jersey; Subzi
`Mandi Cash & Carry Inc. d/b/a Subzi
`Mandi Cash & Carry of Piscataway, New
`Jersey; Subhlaxmi Grocers of
`Piscataway, NewJersey; Patidar Cash &
`Carry Inc. d/b/a Patidar Cash & Carry of
`South Plainfield, New Jersey; Keemat
`Grocers of Sugarland, Texas; KGF World
`Food WarehouseInc. d/b/a World Food
`Mart of Houston, Texas; Telfair Spices
`of Sugarland Texas; Indian Groceries
`and SpicesInc. d/b/a iShopIndia.com of
`Milwaukee, Wisconsin; Rani Foods LP
`d/b/a Rani’s World Foods of Houston,
`Texas; Tathastu Trading LLC of South
`Plainfield, New Jersey; and Choice
`Trading LLC of Guttenberg, New Jersey.
`Id. The Office of Unfair Import
`Investigations (“OUII”) is also a party to
`the investigation.
`On February 10, 2021, the former
`chief administrative law judge (‘‘CALJ”’)
`issued an initial determination (“ID’’)
`(Order No. 6) finding all respondents in
`default. Order No. 6 (Feb. 10, 2021),
`unreviewed by Comm’n Notice (Mar. 2,
`2021).
`On May24, 2021, Meenaxi moved for
`a summary determination of violation
`byall of the respondents, each of whom
`had previously been found in default.
`On June 16, 2021, OUII respondedin
`support of the motion. On December1,
`2021, the former CAL] granted the
`motion as an ID (Order No. 15). No
`petitions for review of the ID werefiled.
`The ID, however, noted discrepancies
`
`with respect to respondent Organic
`Food, calling into question whetherthat
`respondent was ever properly served
`with the complaint and notice of
`investigation and with the CALJ’s order
`to show cause why the respondents
`should not be found in default, Order
`No. 5 (Jan. 13, 2021). See Order No. 15
`at 1 n.1. The Commission determined
`sua sponte to review Order No. 15, and
`ordered reconsideration of Order No. 6
`as to Organic Food and/or any other
`respondents who maynot have been
`properly served with documentsin the
`underlying investigation. Notice at 3
`(Jan 18, 2022), The Commission
`remandedthe investigation to an ALJ for
`further proceedings.Id.
`On remand, the CAL] issued Order
`No. 18, granting Meenaxi’s unopposed
`motion for leave to amend the
`complaint and notice of investigation to
`(i) substitute Organic Food with
`proposed respondentOrganic
`Ingredients Inc. d/b/a Namaste Plaza
`Indian Super Market(‘‘Organic
`Ingredients”) of San Diego, California;
`(ii) correct the address of respondent
`New India Bazar Inc. d/b/a New India
`Bazar (‘“‘New India’’) of San Jose,
`California;(iii) correct the address of
`respondent Bharat Bazar Inc.(“‘Bharat
`Bazar’) of Union City, California; and
`(iv) supplement the complaint with
`Exhibits 9—a, 9—-b, and 9-c, concerning
`Organic Food and/or Organic
`Ingredients. Order No. 18 at 1-5 (Mar.
`11, 2022), unreviewed by Comm’n
`Notice, 87 FR 22940 (Apr. 18, 2020).
`Meenaxi demonstrated that Bharat Bazar
`had been actually served withall of the
`documents in the investigation (prior to
`remand) despite incorrectly spelling
`Bharat Bazar’s address as being on
`“Niled Road” instead of “Niles Road.”
`OrderNo.18 at 4.
`The CALJ conducted remand
`proceedings as to Organic Ingredients
`and New India,first ordering them to
`respond to the amended complaint and
`notice of investigation, and then
`ordering them to respondto an orderto
`show cause whythey should not be
`found in default. See Order No. 19 (Mar.
`11, 2022); Order No.21 at 3 (May 3,
`2022). On May 19, 2022, the CAL]
`issued an ID finding Organic Ingredients
`and NewIndia in default. Order No. 23
`(May 19, 2022), unreviewed by Comm’n
`Notice (June 14, 2022).
`On June 15, 2022, Meenaxifiled a
`second motion for summary
`determination of violation of section
`337 as to the defaulting respondents,
`and requested the issuance of a GEO. On
`July 6, 2022, OUII responded in support
`of Meenaxi’s motion.
`On August 3, 2022, the CALJ issued
`a remandID (‘“RID’’) (Order No. 27)
`
`granting Meenaxi’s motion. Order No.
`27 (Aug. 3, 2022), unreviewed by
`Comm’n Notice (Sept. 19, 2022). The
`RID adopted substantially all of the
`findings of Order No. 15. The CALJ
`concurrently issued a recommended
`determination (““RD’’) on the issues of
`remedy and bonding. The RD
`recommendedthe issuance of a GEO
`andsetting the bond during the period
`of Presidential review in the amountof
`one hundredpercent (100%) of the
`entered value of the covered products.
`Accordingly, the Commission
`requested written submissions on the
`issues of remedy, the public interest,
`and bonding and the RD’s
`recommendation as to issuance of a
`GEO and bonding. 87 FR 58130-1 (Sept.
`23, 2022). On October3 and 12, 2022,
`respectively, OUII and Meenaxi
`submitted briefing responsive to the
`Commission’s request. No other
`submissions werereceived.
`
`Having reviewedthe record in the
`investigation, including the written
`submissions from Meenaxi and OUI,
`the Commission has madeits
`determination on the issues of remedy,
`the public interest, and bonding.Asall
`statutory requirementsof this
`subsection are methere, the
`Commission has determinedthat the
`appropriate remedy is a GEO directed to
`the covered products pursuant to
`section 337(g)(2), 19 U.S.C. 1337(g)(2).
`The Commission has further determined
`that the public interest factors
`enumerated in Section 337(d) (19 U.S.C.
`1337(d)) do not preclude issuanceof the
`GEO. Accordingly, the Commission has
`determinedto issue a GEO prohibiting
`the unlicensed entry of chocolate milk
`powder and componentsthereofthat
`infringe the ’026 mark.
`Finally, the Commission has
`determined that a bond in the amount
`of one hundred percent (100%) of the
`entered value of the covered products is
`tequired during the period of
`Presidential review (19 U.S.C. 1337(j)).
`The Commission’s order was delivered
`to the President and to the United States
`Trade Representative on the day ofits
`issuance.
`
`The Commission voted to approve
`this determination on November15,
`2022.
`
`The authority for the Commission’s
`determinations 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 orderof the Commission.
`
`

`

`70866
`Federal Register/Vol. 87, No. 223/Monday, November 21, 2022 /Notices
`
`Issued: November 15, 2022.
`Katherine Hiner,
`Acting Secretary to the Commission.
`[FR Doc. 2022-25250 Filed 11-18-22; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 731-TA-1315 (Review)]
`
`Ferrovanadium From South Korea
`
`Determination
`
`Onthe basis of the record 1 developed
`in the subject five-year review, the
`United States International Trade
`Commission (““(Commission’’)
`determines, pursuantto the Tariff Act of
`1930 (‘‘the Act”), that revocation of the
`antidumping duty order on
`ferrovanadium from South Korea would
`be likely to lead to continuation or
`recurrenceof material injury to an
`industry in the United States within a
`reasonably foreseeable time.
`Background
`The Commission instituted this
`review on April 1, 2022 {87 FR 19129)
`and determined on July 5, 2022 thatit
`would conduct an expedited review (87
`FR 63090, October 18, 2022).
`The Commission madethis
`determination pursuantto section
`751(c) of the Act (19 U.S.C. 1675(c)). It
`completed andfiled its determination in
`this review on November 15, 2022. The
`views of the Commission are contained
`in USITC Publication 5384 (November
`2022), entitled Ferrovanadium from
`South Korea: Investigation No. 731-TA-
`1315 (Review).
`By order of the Commission.
`Issued: November 15, 2022.
`Katherine Hiner,
`Acting Secretary to the Commission.
`[FR Doc. 2022-25249 Filed 11-18-22; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation Nos. 701-TA-563 and 731-
`TA-1331-1333 (Review)]
`
`Finished Carbon Steel Flanges From
`India,Italy, and Spain
`Determinations
`
`Onthe basis of the record 1 developed
`in the subject five-year reviews, the
`
`1 Therecord is defined in § 207.2(f) of the
`Commission’s Rules of Practice and Procedure (19
`CFR 207.2(f)).
`1Therecord is defined in § 207.2(f) of the
`Commission’s Rules of Practice and Procedure (19
`CFR 207.2(f).
`
`United States International Trade
`Comission (‘‘Commission’’)
`determines, pursuantto the Tariff Act of
`1930 (“the Act’’), that revocation of the
`countervailing duty order on finished
`carbonsteel flanges from India and the
`antidumping duty orders on finished
`carbonsteel flanges from India,Italy,
`and Spain would be likely to lead to
`continuation or recurrence of material
`injury to an industry in the United
`States within a reasonably foreseeable
`time.
`
`Background
`The Commissioninstituted these
`reviews on May2, 2022 (87 FR 25662)
`and determined on August 5, 2022 that
`it would conduct expedited reviews (87
`FR 63798, October 20, 2022).
`The Commission made these
`determinations pursuantto section
`751(c) of the Act (19 U.S.C. 1675(c)). It
`completed andfiled its determinations
`in these reviews on November15, 2022.
`The views of the Commission are
`contained in USITC Publication 5385
`(November 2022), entitled Finished
`Carbon Steel Flanges from India,Italy,
`andSpain: Investigation Nos. 701-TA-
`563 and 731-TA-1331-1333 (Review).
`By orderof the Commission.
`Issued: November15, 2022.
`Katherine Hiner,
`Acting Secretary to the Commission.
`[FR Doc. 2022-25247 Filed 11-18-22; 8:45 am]
`BILLING CODE 7020-02-P
`
`
`DEPARTMENTOF JUSTICE
`
`Notice of Task Force on Research on
`Violence Against American Indian and
`Alaska Native Women Meeting
`
`AGENCY:Office on Violence Against
`Women, United States Department of
`Justice.
`ACTION: Notice of meeting.
`SUMMARY:The Office on Violence
`Against Women (OVW), U.S.
`Departmentof Justice has scheduled a
`meeting of the Task Force on Research
`on Violence Against American Indian
`and Alaska Native Women(hereinafter
`“the Task Force’).
`DATES: The meeting will take place on
`December13, 2022, from 1 p.m. to 5
`p.m. (Eastern Standard Time).
`ADDRESSES: This meeting will be
`convenedvirtually.
`FOR FURTHER INFORMATION CONTACT:Visit
`the OVW website at https://
`www.justice.gov/ovw/section-904-task-
`force or contact Sherriann Moore,
`Deputy Director of Tribal Affairs, Office
`on Violence Against Women, United
`
`States DepartmentofJustice, at (202)
`616-0039 or ovw.tribalaffairs@
`usdoj.gov.
`SUPPLEMENTARYINFORMATION: Notice of
`this meeting is required under section
`10(a)(2) of the Federal Advisory
`Committee Act. Title IX of the Violence
`Against Women Act of 2005 (VAWA
`2005), as amended, required the
`Attorney Generalto establish a task
`force to assist the National Institute of
`Justice (NIJ) in developing and
`implementing a program of research on
`violence against American Indian and
`Alaska Native women,including
`domestic violence, dating violence,
`sexual assault, stalking, sex trafficking,
`and murder. The program will evaluate
`the effectiveness of the federal, state,
`tribal, and local responseto violence
`against Indian women and propose
`recommendations to improve the
`governmentresponse. The Attorney
`General, acting through the Director of
`the Office on Violence Against Women,
`established the Task Force on March 31,
`2008, and the charter has been renewed
`every two years since then.
`Moreinformation on the Task Force
`may be foundat https://
`www.justice.gov/ovw/section-904-task-
`force and about the NIJ program of
`research at: hittps://nij.ojp.gov/topics/
`articles/violence-against-american-
`indian-and-alaska-native-women-
`program-research.
`This meeting will include the
`introduction of Task Force members, an
`update on NIJ’s research program, and
`facilitated Task Force discussion on
`research findings and recommendations.
`In addition, the Task Forceis also
`welcoming public oral commentat this
`meeting and has reserved 30 minutes for
`this. The meeting will take place on
`December13, 2022, from 1 p.m. to 5
`p.m. Time will be reserved for public
`commentfrom 4:15 p.m. to 4:45 p.m.
`See the section below for information on
`reserving time for public comment.
`Access: The meeting will be available
`online via a video conferencing
`platform. Membersof the public who
`wish to participate must register in
`advance of the meeting online, no later
`than December7, 2022. Details about
`registration can be found on the OVW
`website: https://www.justice.gov/ovw/
`section-904-task-force. Should issues
`arise with online or emailregistration,
`the public should contact Sherriann C.
`Moore, Deputy Director of Tribal
`Affairs, Office on Violence Against
`Women,at (202) 616-0039 or
`ovw.tribalaffairs@usdoj.gov.
`Written Comments: Interested parties
`are invited to submit written comments
`by December7, 2022, to Sherriann C.
`
`

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