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ITC Seeks Public Interest Comments in Chocolate Milk Powder Investigation

Comments concerning the public interest ramifications of a possible general exclusion order on chocolate milk powder and packaging (ITC Inv. No. 337-TA-1232) are due to the International Trade Commission by the close of business on Sept. 2, it said in a notice. On Aug. 3, ITC Administrative Law Judge Mark Cheney issued an initial determination of violation in the investigation and recommended a general exclusion order.

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The ITC initiated its investigation in November 2020 following a complaint by Meenaxi Enterprise, which alleged that chocolate milk powder manufactured in India infringed on its Bournvita trademark (see 2011250076)

The Commission is interested in comments that explain how the articles are used in the U.S.; identify any public health, safety or welfare concerns; identify directly competitive items; indicate whether the complainant or other suppliers have the capacity to replace the volume of articles; and how the order would impact U.S. consumers.