U.S. International Trade Commission Investigates Energy Drinks

June 15, 2009
Also reviews antidumping duty order on frozen fish fillets from Vietnam

The U.S. International Trade Commission (ITC) has voted to investigate certain energy drink products, according to a June 15 press announcement. The investigation is based on a complaint filed by Red Bull GmbH of Austria and Red Bull North America, which alleges violations of the Tariff Act of 1930 by importing into the U.S. and selling energy drink products that infringe trademarks and a copyright held by Red Bull. Red Bull is asking the ITC to issue an exclusion order and cease-and-desist orders. Six respondents have been identified in the complaint. Within 45 days after instituting the investigation, the ITC will set a target date for completing the investigation. In other actions, the ITC has elected to keep in place an antidumping duty order on certain frozen fish fillets from Vietnam. All six ITC commissioners voted to keep the order intact. The commission determined that revoking the existing duty order would lead to a recurrence of material injury with a reasonably foreseeable time, the commission announcement said. The June 15 action against Vietnam is the result of the five-year (sunset) review process required by the Uruguay Round Agreements Act.

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