[Federal Register Volume 79, Number 116 (Tuesday, June 17, 2014)]
[Notices]
[Pages 34549-34550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14147]
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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 Based on a Settlement and License Agreement; Termination
of the Investigation
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. 48) granting a joint motion to terminate the above-
captioned investigation based on a settlement and license agreement.
The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Cathy Chen, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202) 205-2392. 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 at 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. and Acasti Pharma Inc.,
both of Laval, Quebec, Canada (collectively, ``Complainants''). 78 Fed.
Reg. 22898 (April 17, 2013). The complaint alleged violations of
Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec.
1337, by reason of infringement of one or more claims of U.S. Patent
Nos. 8,278,351 and 8,383,675. The
[[Page 34550]]
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
(collectively, ``the Aker Respondents''); Olympic Seafood AS of
Fosnavag, Norway; Olympic Biotec Ltd. of New Zealand; Avoca, Inc. of
Merry Hill, North Carolina; Rimfrost USA, LLC of Merry Hill, North
Carolina; Bioriginal Food & Science Corp. of Saskatoon, Saskatchewan,
Canada (collectively, ``the Olympic Respondents''); Enzymotec Ltd. of
Industrial Zone K'far Baruch, Israel; and Enzymotec USA, Inc. of
Morristown, New Jersey (collectively, ``the Enzymotec Respondents'').
The Olympic Respondents were terminated from the investigation on
the basis of a settlement agreement on November 5, 2013 (Order No. 31,
affirmed by the Commission on December 17, 2013). The Aker Respondents
were terminated from the investigation on the basis of a settlement
agreement on December 17, 2013 (Order No. 40, not reviewed by the
Commission on January 15, 2014).
On May 2, 2014, Complainants and the Enzymotec Respondents filed a
joint motion to terminate the investigation based on a settlement and
license agreement. On May 13, 2014, the ALJ issued the subject ID
(Order No. 48) granting the joint motion to terminate the
investigation. No petitions for review were filed.
After considering the subject ID and the relevant portions of the
record, the Commission has determined not to review the subject ID. The
Commission agrees with the ALJ that the joint motion to terminate the
investigation complies with the Commission's rules for termination 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. Sec.
1337), and in Part 210 of the Commission's Rules of Practice and
Procedure (19 CFR Part 210).
By order of the Commission.
Issued: June 12, 2014.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2014-14147 Filed 6-16-14; 8:45 am]
BILLING CODE 7020-02-P