81 FR 63805 - Certain Krill Oil Products and Krill Meal for Production of Krill Oil Products; Institution of Investigation
INTERNATIONAL TRADE COMMISSION Federal Register Volume 81, Issue 180 (September 16, 2016)
Federal Register Volume 81, Issue 180 (September 16, 2016)
| Page Range | 63805-63806 | |
| FR Document | 2016-22296 |
[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)] [Notices] [Pages 63805-63806] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22296] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-1019] Certain Krill Oil Products and Krill Meal for Production of Krill Oil Products; Institution of Investigation AGENCY: U.S. International Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on August 12, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Aker BioMarine Antarctic AS of Norway and Aker BioMarine Manufacturing, LLC of Houston, Texas. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain krill oil products and krill meal for production of krill oil products by reason of infringement of certain claims of U.S. Patent No. 9,028,877 (``the '877 patent''); U.S. Patent No. 9,078,905 (``the '905 patent''); U.S. Patent No. 9,072,752 (``the '752 patent''); U.S. Patent No. 9,320,765 (``the '765 patent''); and U.S. Patent No. 9,375,453 (``the '453 patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order, and cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205- 2000. General information concerning the Commission may also be obtained by accessing its internet server at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2016). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on September 12, 2016, Ordered That-- (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain krill oil products and krill meal for production of krill oil products by reason of infringement of one or more of claims 1-4, 7-9, 11-13, and 16-18 of the '877 patent; claims 1-4, 6-7, 9-11, 12, and 15-19 of the '905 patent; claims 1, 7, and 11-13 of the '752 patent; claims 1-5, 7, 9-12, 14-15, 19-21, 23, 25-29, 31, 33-36, 38-39, 43-45, and 47 of the '765 patent; and claims 1, 5-10, 12, 14-17, 19-20, 24-26, 28, 30-32, 33-36, 39-43, 46-49, 51-52, 56-58, and 60 of the '453 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainants are: Aker BioMarine Antarctic AS Oksen[oslash]yveien, 10 P.O. Box 496. N- 1327, Lysaker, Norway Aker BioMarine Manufacturing, LLC, 4494 Campbell Rd, Houston, TX 77041 (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Olympic Holding AS, Fosnav[aring]g Brygge Holmsildgata 12, Fosnav[aring]g, Norway Rimfrost AS, V[aring]gsplassen, 6090, Fosnav[aring]g, Norway Emerald Fisheries AS, Fosnav[aring]g Brygge, 6090 Fosnav[aring]g, Norway Avoca Inc., 841 Avoca Farm Rd., Merry Hill, NC 27957 Rimfrost USA, LLC, 841 Avoca Farm Rd., Merry Hill, NC 27957 Rimfrost New Zealand Limited, 20 Oxford Street Richmond, Nelson, New Zealand 7020 Bioriginal Food & Science Corp., 102 Melville Street,, Saskatoon, Saskatchewan, Canada S7J 0R1 (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. The Office of Unfair Import Investigations will not participate as a party in this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the [[Page 63806]] Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. By order of the Commission. Issued: September 12, 2016 Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016-22296 Filed 9-15-16; 8:45 am] BILLING CODE 7020-02-P
![Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices 63805
the proposed project and considered a Patent No. 9,375,453 (‘‘the ’453 patent’’). 58, and 60 of the ’453 patent, and
range of alternatives, including a no- The complaint further alleges that an whether an industry in the United
action alternative. The ROD discloses industry in the United States exists as States exists as required by subsection
BOEM’s decision, articulates the basis required by subsection (a)(2) of section (a)(2) of section 337;
for the decision, summarizes the 337. (2) For the purpose of the
alternatives considered by BOEM, and The complainants request that the investigation so instituted, the following
identifies the environmentally Commission institute an investigation are hereby named as parties upon which
preferable alternative and the mitigation and, after the investigation, issue a this notice of investigation shall be
measures BOEM is adopting. The limited exclusion order, and cease and served:
USACE is committed to implementing desist orders. (a) The complainants are:
the mitigation measures and monitoring ADDRESSES: The complaint, except for Aker BioMarine Antarctic AS
requirements deemed practicable to any confidential information contained Oksen<yveien, 10 P.O. Box 496. N–
avoid or minimize environmental harm. therein, is available for inspection 1327, Lysaker, Norway
The mitigation measures and during official business hours (8:45 a.m. Aker BioMarine Manufacturing, LLC,
monitoring requirements are identified to 5:15 p.m.) in the Office of the 4494 Campbell Rd, Houston, TX
in BOEM’s ROD and will be Secretary, U.S. International Trade 77041
incorporated into the MOA between Commission, 500 E Street SW., Room (b) The respondents are the following
BOEM and the USACE. The Project will 112, Washington, DC 20436, telephone entities alleged to be in violation of
be constructed with the understanding (202) 205–2000. Hearing impaired section 337, and are the parties upon
that any proposed use of OCS sand in individuals are advised that information which the complaint is to be served:
future coastal restoration activities will on this matter can be obtained by
Olympic Holding AS, Fosnavåg Brygge
require an updated environmental contacting the Commission’s TDD
Holmsildgata 12, Fosnavåg, Norway
analysis and new negotiated agreement. terminal on (202) 205–1810. Persons
Rimfrost AS, Vågsplassen, 6090,
Authority: This Notice of Availability is with mobility impairments who will
Fosnavåg, Norway
published pursuant to the regulations (40 need special assistance in gaining access Emerald Fisheries AS, Fosnavåg Brygge,
CFR 1506.6) implementing the provisions of to the Commission should contact the 6090 Fosnavåg, Norway
the NEPA of 1969 (42 U.S.C. 4321 et seq.). Office of the Secretary at (202) 205– Avoca Inc., 841 Avoca Farm Rd., Merry
Dated: September 12, 2015. 2000. General information concerning Hill, NC 27957
Abigail Ross Hopper,
the Commission may also be obtained Rimfrost USA, LLC, 841 Avoca Farm
by accessing its internet server at Rd., Merry Hill, NC 27957
Director, Bureau of Ocean Energy
Management.
https://www.usitc.gov. The public Rimfrost New Zealand Limited, 20
record for this investigation may be Oxford Street Richmond, Nelson, New
[FR Doc. 2016–22377 Filed 9–15–16; 8:45 am]
viewed on the Commission’s electronic Zealand 7020
BILLING CODE 4310–MR–P
docket (EDIS) at https://edis.usitc.gov. Bioriginal Food & Science Corp., 102
FOR FURTHER INFORMATION CONTACT: The Melville Street,, Saskatoon,
Office of Docket Services, U.S. Saskatchewan, Canada S7J 0R1
INTERNATIONAL TRADE International Trade Commission,
COMMISSION (3) For the investigation so instituted,
telephone (202) 205–1802. the Chief Administrative Law Judge,
[Inv. No. 337–TA–1019] Authority: The authority for institution of U.S. International Trade Commission,
this investigation is contained in section 337 shall designate the presiding
Certain Krill Oil Products and Krill Meal of the Tariff Act of 1930, as amended, and Administrative Law Judge.
for Production of Krill Oil Products; in section 210.10 of the Commission’s Rules The Office of Unfair Import
Institution of Investigation of Practice and Procedure, 19 CFR 210.10
Investigations will not participate as a
(2016).
AGENCY: U.S. International Trade party in this investigation.
Commission. Scope of Investigation: Having Responses to the complaint and the
ACTION: Notice. considered the complaint, the U.S. notice of investigation must be
International Trade Commission, on submitted by the named respondents in
SUMMARY: Notice is hereby given that a September 12, 2016, Ordered That— accordance with section 210.13 of the
complaint was filed with the U.S. (1) Pursuant to subsection (b) of Commission’s Rules of Practice and
International Trade Commission on section 337 of the Tariff Act of 1930, as Procedure, 19 CFR 210.13. Pursuant to
August 12, 2016, under section 337 of amended, an investigation be instituted 19 CFR 201.16(e) and 210.13(a), such
the Tariff Act of 1930, as amended, 19 to determine whether there is a responses will be considered by the
U.S.C. 1337, on behalf of Aker violation of subsection (a)(1)(B) of Commission if received not later than 20
BioMarine Antarctic AS of Norway and section 337 in the importation into the days after the date of service by the
Aker BioMarine Manufacturing, LLC of United States, the sale for importation, Commission of the complaint and the
Houston, Texas. The complaint alleges or the sale within the United States after notice of investigation. Extensions of
violations of section 337 based upon the importation of certain krill oil products time for submitting responses to the
importation into the United States, the and krill meal for production of krill oil complaint and the notice of
sale for importation, and the sale within products by reason of infringement of investigation will not be granted unless
the United States after importation of one or more of claims 1–4, 7–9, 11–13, good cause therefor is shown.
certain krill oil products and krill meal and 16–18 of the ’877 patent; claims 1– Failure of a respondent to file a timely
mstockstill on DSK3G9T082PROD with NOTICES
for production of krill oil products by 4, 6–7, 9–11, 12, and 15–19 of the ’905 response to each allegation in the
reason of infringement of certain claims patent; claims 1, 7, and 11–13 of the complaint and in this notice may be
of U.S. Patent No. 9,028,877 (‘‘the ’877 ’752 patent; claims 1–5, 7, 9–12, 14–15, deemed to constitute a waiver of the
patent’’); U.S. Patent No. 9,078,905 (‘‘the 19–21, 23, 25–29, 31, 33–36, 38–39, 43– right to appear and contest the
’905 patent’’); U.S. Patent No. 9,072,752 45, and 47 of the ’765 patent; and claims allegations of the complaint and this
(‘‘the ’752 patent’’); U.S. Patent No. 1, 5–10, 12, 14–17, 19–20, 24–26, 28, notice, and to authorize the
9,320,765 (‘‘the ’765 patent’’); and U.S. 30–32, 33–36, 39–43, 46–49, 51–52, 56– administrative law judge and the
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![63806 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Notices
Commission, without further notice to Background DEPARTMENT OF LABOR
the respondent, to find the facts to be as The Commission, pursuant to sections
alleged in the complaint and this notice 705(b) and 735(b) of the Act (19 U.S.C. Office of the Secretary
and to enter an initial determination 1671d(b) and 19 U.S.C. 1673d(b)),
and a final determination containing Agency Information Collection
instituted these investigations effective Activities; Submission for OMB
such findings, and may result in the July 28, 2015, following receipt of a
issuance of an exclusion order or a cease Review; Comment Request; Securing
petition filed with the Commission and Financial Obligations Under the
and desist order or both directed against Commerce by AK Steel Corporation
the respondent. Longshore and Harbor Workers’
(West Chester, Ohio), ArcelorMittal Compensation Act and its Extensions
By order of the Commission. USA LLC (Chicago, Illinois), Nucor
Issued: September 12, 2016 Corporation (Charlotte, North Carolina), ACTION: Notice.
Lisa R. Barton, Steel Dynamics, Inc. (Fort Wayne,
Indiana), and United States Steel SUMMARY: The Department of Labor
Secretary to the Commission. (DOL) is submitting the Office of
Corporation (Pittsburgh, Pennsylvania).
[FR Doc. 2016–22296 Filed 9–15–16; 8:45 am] Workers’ Compensation Programs
The final phase of the investigations
BILLING CODE 7020–02–P
was scheduled by the Commission (OWCP) sponsored information
following notification of preliminary collection request (ICR) titled, ‘‘Securing
determinations by Commerce that Financial Obligations Under the
INTERNATIONAL TRADE Longshore and Harbor Workers’
imports of cold-rolled steel flat products
COMMISSION Compensation Act and its Extensions,’’
from Brazil, India, Korea, and Russia
were subsidized within the meaning of to the Office of Management and Budget
[Investigation Nos. 701–TA–540, 542–544 section 703(b) of the Act (19 U.S.C. (OMB) for review and approval for
and 731–TA–1283, 1285, 1287, and 1289– 1671b(b)) and imports of cold-rolled continued use, without change, in
1290 (Final)] accordance with the Paperwork
steel flat products imported from Brazil,
India, Korea, Russia, and the United Reduction Act of 1995 (PRA), 44 U.S.C.
Cold-Rolled Steel Flat Products From 3501 et seq. Public comments on the
Brazil, India, Korea, Russia, and the Kingdom were dumped within the
meaning of 733(b) of the Act (19 U.S.C. ICR are invited.
United Kingdom; Determinations
1673b(b)). Notice of the scheduling of DATES: The OMB will consider all
On the basis of the record 1 developed the final phase of the Commission’s written comments that agency receives
in the subject investigations, the United investigations 3 and of a public hearing on or before October 17, 2016.
States International Trade Commission to be held in connection therewith was ADDRESSES: A copy of this ICR with
(‘‘Commission’’) determines, pursuant given by posting copies of the notice in applicable supporting documentation;
to the Tariff Act of 1930 (‘‘the Act’’), the Office of the Secretary, U.S. including a description of the likely
that an industry in the United States is International Trade Commission, respondents, proposed frequency of
materially injured by reason of imports Washington, DC, and by publishing the response, and estimated total burden
of cold-rolled steel flat products from notice in the Federal Register on March may be obtained free of charge from the
Brazil, India, Korea, and the United 23, 2016 (81 FR 15559). The hearing was RegInfo.gov Web site at http://
Kingdom, provided for in subheadings held in Washington, DC, on May 24, www.reginfo.gov/public/do/
7209.15, 7209.16, 7209.17, 7209.18, 2016, and all persons who requested the PRAViewICR?ref_nbr=201606-1240-002
7209.25, 7209.26, 7209.27, 7209.28, opportunity were permitted to appear in (this link will only become active on the
7209.90, 7210.70, 7211.23, 7211.29, person or by counsel. day following publication of this notice)
7211.90, 7212.40, 7225.50, 7225.99, and The Commission made these or by contacting Michel Smyth by
7226.92 of the Harmonized Tariff determinations pursuant to sections telephone at 202–693–4129, TTY 202–
Schedule of the United States, that have 705(b) and 735(b) of the Act (19 U.S.C. 693–8064, (these are not toll-free
been found by the Department of 1671d(b) and 19 U.S.C. 1673d(b)). It numbers) or by email at DOL_PRA_
Commerce (‘‘Commerce’’) to be sold in completed and filed its determinations PUBLIC@dol.gov.
the United States at less than fair value in these investigations on September 12, Submit comments about this request
(‘‘LTFV’’), and to be subsidized by the 2016. The views of the Commission are by mail or courier to the Office of
governments of Brazil and Korea. The contained in USITC Publication 4637 Information and Regulatory Affairs,
Commission further determines that an (September 2016), entitled Cold-Rolled Attn: OMB Desk Officer for DOL–
industry in the United States is Steel Flat Products from Brazil, India, OWCP, Office of Management and
threatened with material injury by Korea, Russia, and the United Kingdom: Budget, Room 10235, 725 17th Street
reason of imports of cold-rolled steel flat Investigation Nos. 701–TA–540 and NW., Washington, DC 20503; by Fax:
products that have been found by 542–544 and 731–TA–1283, 1285, 1287, 202–395–5806 (this is not a toll-free
Commerce to be subsidized by the and 1289–1290 (Final). number); or by email: OIRA_
government of India.2 The Commission By order of the Commission. submission@omb.eop.gov. Commenters
also determines that imports of cold- Issued: September 12, 2016. are encouraged, but not required, to
rolled steel flat products from Russia Lisa R. Barton, send a courtesy copy of any comments
that are sold in the United States at Secretary to the Commission. by mail or courier to the U.S.
LTFV and subsidized by the government [FR Doc. 2016–22297 Filed 9–15–16; 8:45 am] Department of Labor-OASAM, Office of
of Russia are negligible. the Chief Information Officer, Attn:
mstockstill on DSK3G9T082PROD with NOTICES
BILLING CODE 7020–02–P
Departmental Information Compliance
1 The record is defined in sec. 207.2(f) of the 3 The Commission also scheduled a final-phase Management Program, Room N1301,
Commission’s Rules of Practice and Procedure (19 countervailing duty investigation concerning cold- 200 Constitution Avenue NW.,
CFR 207.2(f)). rolled flat products from Korea, although Commerce Washington, DC 20210; or by email:
2 Commissioner F. Scott Kieff dissenting. preliminarily determined that de minimis DOL_PRA_PUBLIC@dol.gov.
Commissioner Kieff determines that imports countervailable subsidies were being provided to
subsidized by the government of India are producers/exporters of certain cold-rolled steel flat FOR FURTHER INFORMATION CONTACT:
negligible. products from Korea. Contact Michel Smyth by telephone at
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Document Created: 2016-09-16 00:25:30
Document Modified: 2016-09-16 00:25:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802. | |
| FR Citation | 81 FR 63805 |
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