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Notice

Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II); Second Notice of Request for Submissions on the Public Interest

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This is a notice published in the Federal Register by International Trade Commission. Notices communicate information, guidance, or policy interpretations but may not create new binding obligations.

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Document Details

Document Number2025-20408
TypeNotice
PublishedNov 20, 2025
Effective Date-
RIN-
Docket IDInvestigation No. 337-TA-1435
Text FetchedYes

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Related Documents (by RIN/Docket)

Doc #TypeTitlePublished
2025-23176 Notice Certain Electrolyte Containing Beverages... Dec 18, 2025
2025-17806 Notice Certain Electrolyte Containing Beverages... Sep 16, 2025
2025-02086 Notice Certain Electrolyte Containing Beverages... Feb 3, 2025

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Full Document Text (1,081 words · ~6 min read)

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<NOTICE> INTERNATIONAL TRADE COMMISSION <DEPDOC>[Investigation No. 337-TA-1435]</DEPDOC> <SUBJECT>Certain Electrolyte Containing Beverages and Labeling and Packaging Thereof (II); Second Notice of Request for Submissions on the Public Interest</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> U.S. International Trade Commission. <HD SOURCE="HED">ACTION:</HD> Notice. <SUM> <HD SOURCE="HED">SUMMARY:</HD> Notice is hereby given that on September 10, 2025, the presiding administrative law judge (“ALJ”) issued an Initial Determination granting a motion for summary determination on violation of section 337. The ALJ also issued a Recommended Determination on remedy and bonding should a violation be found in the above-captioned investigation. The Commission is soliciting submissions on public interest issues raised by the recommended relief should the Commission find a violation. This notice is soliciting comments from the public and interested government agencies only. </SUM> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-3316. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at <E T="03">https://edis.usitc.gov.</E> For help accessing EDIS, please email <E T="03">EDIS3Help@usitc.gov.</E> General information concerning the Commission may also be obtained by accessing its internet server at <E T="03">https://www.usitc.gov.</E> Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> 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, specifically: a general exclusion order directed to certain electrolyte containing beverages and labeling and packaging thereof; a limited exclusion order directed to such products imported, sold for importation, and/or sold after importation by respondents Empacadora Torres Mora, S. de R.L. de C.V. of Monterrey, Mexico; Mabed Distribuciones, S.A. de C.V. of Matamoros, Mexico; Centro de Distribucion de Carbon Allende, S.A. de C.V. of Allende, Mexico; and Version Expotaciones, S.R.L. de C.V. of Tijuana, Mexico; and cease and desist orders directed to those respondents. 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 on Remedy and Bonding issued in this investigation on September 10, 2025. Comments should address whether issuance of the recommended remedial orders in 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 comments that: (i) explain how the articles 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 recommended orders; (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 volume of articles potentially subject to the recommended orders within a commercially reasonable time; and (v) explain how the recommended orders would impact consumers in the United States. A notice soliciting public interest submissions was published September 16, 2025 (90 FR 44712-13). Due to the lapse in appropriations, the Commission was unable to accept written submissions on the date specified in the notice. Given these circumstances, the notice is amended to permit public interest comments in this matter by November 26, 2025. Persons filing written submissions must file the original document electronically on or before the deadlines stated above pursuant to 19 CFR 210.4(f). Submissions should refer to the investigation number (“Inv. No. 337-TA-1435”) in a prominent place on the cover page and/or the first page. ( <E T="03">See</E> Handbook for Electronic Filing Procedures, <E T="03">https://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf</E> ). 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). <SIG> By order of the Commission. <DATED>Issued: November 18, 2025.</DATED> <NAME>Lisa Barton,</NAME> Secretary to the Commission. </SIG> </SUPLINF> <FRDOC>[FR Doc. 2025-20408 Filed 11-19-25; 8:45 am]</FRDOC> </NOTICE>
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