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)

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.

[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]


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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.

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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