The Honorable Janet L. Yellen Secretary of the Treasury 1500 Pennsylvania Avenue, NW Washington, DC 20220 Re: Dear Secretary Yellen: Please find attached the seizure and forfeiture order issued by the U.S. International Trade Commission pursuant to 19 U.S.C. § 1337(i) with respect to the importation of articles covered by the Commission’s general exclusion order issued in September 2010 in Certain Energy Drink Products, Inv. No. 337-TA-678.
For complainants Red Bull GmbH and Red Bull North America, Inc. in Inv. No. 337-TA-678: Jessica A. Ekhoff, Esq. Pattishall, McAuliffe, Newberry, Hilliard & Geraldson LLP 200 South Wacker Drive, Suite 2900 Chicago, IL 60606-5896
The U.S. Bureau of Customs and Border Protection (“Customs”) has informed the Commission that (i) the owner, importer or consignee (or the agent of such person) of certain energy drink products covered by a general exclusion order attempted to import the articles into the United States; (ii) Customs denied entry of the articles into the United States by reason of the general exclusion order; and (iii) upon such denial of entry, Customs provided the owner, importer, or consignee of the articles (or the agent of such person) with written notice of the aforesaid exclusion order and the fact that seizure and forfeiture would result from any further attempt to import the articles into the United States.
Energy drink products that are imported in violation of the general exclusion order issued in the above-captioned investigation is to be seized and forfeited to the United States, if imported by the following firm: MBCH Solutions LLC, 23404 Larkshire Street, Farmington Hills, Michigan 48336-3427, or any affiliated companies, parents, subsidiaries, or other related business entities, or any of their successors or assigns.
The Secretary shall serve copies of this order on the Secretary of the Treasury; U.S. Customs and Border Protection, Washington, DC; U.S. Customs and Border Protection, Buffalo, New York 14210; the firm listed in paragraph 1 above; and counsel for Red Bull GmbH and Red Bull North America, Inc., the complainants in Inv. No. 337-TA-678.