The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain chocolate milk powder and packaging thereof. The products at issue in the investigation are described in the Commission’s notice of investigation.
The investigation is based on a complaint filed by Meenaxi Enterprise, Inc., of Edison, NJ, on October 29, 2020. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain chocolate milk powder and packaging thereof that infringes a registered trademark asserted by the complainant. The complainant requests that the USITC issue a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Bharat Bazar Inc. of Union City, CA;
Madras Group Inc. d/b/a Madras Groceries of Sunnyvale, CA;
Coconut Hill Inc. d/b/a Coconut Hill of Sunnyvale, CA;
Organic Food Inc. d/b/a Namaste Plaza Indian Super Market of Fremont, CA;
India Cash & Carry Inc. d/b/a India Cash & Carry of Sunnyvale, CA;
New India Bazar Inc. d/b/a New India Bazar of San Jose, CA;
Aapka Big Bazar of Jersey City, NJ;
Siya Cash & Carry Inc. d/b/a Siya Cash and Carry of Jersey City, NJ;
JFK Indian Grocery LLC d/b/a D-Mart Super Market of Jersey City, NJ;
Trinethra Indian Super Markets of Newark, CA;
Apna Bazar Cash & Carry Inc. d/b/a Apna Bazar Cash & Carry of Edison, NJ;
Subzi Mandi Cash & Carry Inc. d/b/a Subzi Mandi Cash & Carry of Piscataway, NJ;
Subhlaxmi Grocers of Piscataway, NJ;
Patidar Cash & Carry Inc. d/b/a Patidar Cash & Carry of South Plainfield, NJ;
Keemat Grocers of Sugarland, TX;
KGF World Food Warehouse Inc. d/b/a World Food Mart of Houston, TX;
Telfair Spices of Sugarland, TX;
Indian Groceries and Spices Inc. d/b/a iShopIndia.com of Milwaukee, WI;
Rani Foods LP d/b/a Rani’s World Foods of Houston, TX;
Tathastu Trading LLC of South Plainfield, NJ; and
Choice Trading LLC of Guttenberg, NJ.
By instituting this investigation (337-TA-1232), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.