Investigations; Determinations, Modifications, and Rulings, etc.: Certain Energy Drinks and Labeling and Packaging Thereof

Certain Energy Drinks and Labeling and Packaging Thereof; Notice of a Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of Investigation

SUPPLEMENTARY INFORMATION:

The Commission instituted this investigation on June 4, 2026, based on a complaint filed by Monster of Corona, California. 91 FR 33756-57 (June 4, 2026). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain energy drinks and labeling and packaging thereof by reason of the infringement of one or more of U.S. Trademark Registration No. 6,760,278, U.S. Trademark Registration No. 6,451,182, U.S. Trademark Registration No. 2,903,214, and U.S. Trademark Registration No. 3,434,821. Id. at 33756. The complaint further alleges that a domestic industry exists. Id. The Commission's notice of investigation named as respondents Gig Wholesale Corp. of Spring Valley, New York; The Elegant Inc. of Piliyandala, Sri Lanka; Hamilton Trading Corp. of Bronx, New York; Pal Global Imports Inc. of Elmhurst, Illinois; Asia Link Inc. of Auckland, New Zealand; Creative Trading of Cedarhurst, New York; MBCH Solutions LLC and Simple Shipping Solutions LLC of Farmington Hills, Michigan; JDC Trading Inc. of Panama City, Panama; Apollo Produce LLC and 232 Barren Springs LLC of Houston, Texas; Sigmai (Asia) Limited Inc. of Miami Lakes, Florida; and Cats Media Inc. of Basking Ridge, New Jersey. Id. The Office of Unfair Import Investigations ("Staff") is also a party to this investigation. Id.

On June 11, 2026, Monster filed a motion for leave to amend the complaint and notice of investigation to replace the original address for respondent Creative Trading Corporation of P.O. Box 471, Cedarhurst, New York 11516 with 49 Lawrence Street, East Rockaway, New York 11518-2309. Monster explained that the corrected address would facilitate service of the complaint and other investigation documents by the Commission using express mail services that require a street address rather than a P.O. box. Staff did not oppose the motion. No other party responded to the motion.

On June 23, 2026, the CALJ issued the subject ID (Order No. 4) granting the motion for leave to amend the complaint and notice of investigation to correct the address for respondent Creative Trading Corporation. The ID finds that Monster demonstrated good cause as required by Commission Rules 210.14(b)(1) (19 CFR 210.14(b)(1)). No petitions for review of the subject ID were filed.

The Commission finds that the amendment would not prejudice the private parties or the public interest and thus has determined not to review the subject ID. The complaint and notice of investigation are amended to correct the address for respondent Creative Trading Corporation.

The Commission vote for this determination took place on July 13, 2026.

The authority for the Commission's determination 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).