[Federal Register Volume 79, Number 14 (Wednesday, January 22, 2014)]
[Notices]
[Page 3623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01100]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-877]
Certain Omega-3 Extracts From Marine or Aquatic Biomass and
Products Containing the Same; Commission Determination Not To Review an
Initial Determination Granting a Joint Motion To Terminate the
Investigation With Respect to Respondents Aker Biomarine as, Aker
Biomarine Antarctic as, and Aker Biomarine Antarctic USA, Inc. on the
Basis of a Settlement Agreement
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination
(``ID'') (Order No. 40) of the presiding administrative law judge
(``ALJ'') granting a joint motion to terminate the investigation with
respect to respondents Aker Biomarine AS, Aker Biomarine Antarctic AS,
and Aker Biomarine Antarctic USA, Inc. on the basis of a settlement
agreement in the above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436,
telephone (202) 205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
Hearing-impaired persons are advised that information on this matter
can be obtained by contacting the Commission's TDD terminal on (202)
205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on April 17, 2013, based on a complaint filed on January 29, 2013, as
amended on March 21, 2013, and supplemented on April 1, 2013, on behalf
of Neptune Technologies & Bioressources Inc. of Laval, Qu[eacute]bec,
Canada and Acasti Pharma Inc., also of Laval, Qu[eacute]bec, Canada
(collectively, ``Complainants''). 78 FR 22898-99 (April 17, 2013). The
amended complaint alleged violations of Section 337 of the Tariff Act
of 1930, as amended, 19 U.S.C. 1337, in the sale for importation,
importation, or sale within the United States after importation of
certain omega-3 extracts from marine or aquatic biomass and products
containing the same by reason of infringement of one or more of claims
1-46 and 94 of U.S. Patent No. 8,278,351 and claim 1 of the U.S. Patent
No. 8,383,675. The Commission's notice of investigation named as
respondents Aker BioMarine AS of Oslo, Norway; Aker BioMarine Antarctic
USA Inc. of Issaquah, Washington; Aker BioMarine Antarctic AS of
Stamsund, Norway; Enzymotec Limited of Industrial Zone K'far Baruch,
Israel; Enzymotec USA, Inc. of Morristown, New Jersey; Olympic Seafood
AS of Fosnav[aring]g, Norway; Olympic Biotec Ltd. of New Zealand;
Avoca, Inc. of Merry Hill, North Carolina; Rimfrost USA, LLC of Merry
Hill, North Carolina; and Bioriginal Food & Science Corp. of Saskatoon,
Saskatchewan, Canada.
On December 13, 2013, Complainants and respondents Aker Biomarine
AS, Aker Biomarine Antarctic AS, and Aker Biomarine Antarctic USA, Inc.
(collectively, ``the Aker Respondents'') filed an amended joint motion
to terminate the investigation with respect to the Aker Respondents on
the basis of a settlement agreement. The motion stated that no other
respondent opposed. On December 16, 2013, the Commission investigative
attorney filed a response in support of the motion. On December 17,
2013, the ALJ issued the subject ID (Order No. 40), granting
Complainants' motion.
After considering the ID and the relevant portions of the record,
the Commission has determined not to review the ID. The Commission
agrees with the ALJ that the amended joint motion for termination
complies with the requirements of Commission rule 210.21 and that the
settlement does not adversely affect the public health and welfare,
competitive conditions in the U.S. economy, the production of like or
directly competitive articles in the United States, and U.S. consumers.
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).
Dated: January 15, 2014.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2014-01100 Filed 1-21-14; 8:45 am]
BILLING CODE 7020-02-P