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`Washington, DC
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`
`
`
`In the Matter of
`
`CERTAIN KRILL OIL PRODUCTS AND
`KRILL MEAL FOR PRODUCTION OF
`
` KRILL OIL PRODUCTS
`
`
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`InveSt‘gam” N°‘ 337'TA'1019
`
`NOTICE OF COMMISSION DETERMINATION
`(1) NOT TO REVIEW AN INITIAL DETERMINATION GRANTING-IN-PART AN
`UNOPPOSED MOTION TO TERMINATE THE INVESTIGATION BASED ON
`
`WITHDRAWAL OF THE COMPLAINT AS TO CERTAIN RESPONDENTS AND
`(2) NOT TO REVIEW AN INITIAL DETERMINATION GRANTING AN UNOPPOSED.
`MOTION TO TERMINATE THE INVESTIGATION BASED ON A SETTLEMENT
`
`AGREEMENT AS TO THE REMAINING RESPONDENT;
`TERMINATION OF THE INVESTIGATION
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`AGENCY: US. International Trade Commission.
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`ACTION:
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`Notice.
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`SUMMARY: Notice is hereby given that the US. International Trade Commission has
`determined (1) not to review the initial determination (“ID”) (Order No. 14) granting-in-part an
`unopposed motion to terminate the investigation based on the withdrawal of the complaint as to
`certain respondents and (2) not to review the ID (Order No. 16) granting an unopposed motion to
`terminate the investigation based on a settlement agreement as to the remaining respondent.
`
`FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
`General Counsel, US. International Trade Commission, 500 E Street SW, Washington, DC
`20436, telephone 202-205—3438. Copies of non-confidential documents filed in connection with
`this investigation are or will be available for inspection during official business hours (8:45 am.
`to 5:15 pm.) in the Office of the Secretary, US. International Trade Commission, 500 E Street
`SW, Washington, DC 20436, telephone 202—205-2000. General information conceming the
`Commission may also be obtained by accessing its Internet server (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. 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
`September 16, 2016, based on a complaint filed by Aker BioMarine Antarctic AS of Lysaker,
`Norway and Aker BioMarine Manufacturing, LLC of Houston, Texas (collectively,
`“Complainants”). 81 FR 63805 (Sept. 16, 2016). The complaint alleges violations of section
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`RIMFROST EXHIBIT 1054 page 0001
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`page 0001
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`337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in 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 Nos. 9,028,877; 9,078,905; 9,072,752; 9,320,765; and 9,375,453.
`Id. The notice of investigation names as respondents Avoca Inc. of Merry Hill, North Carolina
`(“Avoca”) and Olympic Holding AS of Fosnavag, Norway; Rimfrost AS of Fosnavag, Norway;
`Emerald Fisheries AS of Fosnavag, Norway; Rimfrost USA, LLC of Merry Hill, North Carolina;
`Rimfrost New Zealand Limited of Nelson, New Zealand; and Bioriginal Food & Science Corp.
`of Saskatoon, Saskatchewan, Canada (collectively, “non-Avoca Respondents”). Id. The Office
`of Unfair Import Investigations was not named as a party to the investigation. Id.
`
`On April 19, 2017, Complainants filed a motion to terminate the investigation based on a
`settlement agreement with Avoca and the withdrawal of the complaint as to the non-Avoca
`Respondents. Avoca and the non—Avoca Respondents did not oppose the termination of the
`investigation, but Avoca disputed certain redactions in the settlement agreement.
`
`On April 24, 2017, the presiding administrative law judge (“ALI”) issued an ID, Order No. 14,
`granting-in-part the motion to terminate the investigation based on the withdrawal of the
`complaint as to the non-Avoca Respondents. The ALJ found as to the non-Avoca Respondents
`there were no agreements between the parties concerning the subject matter of the investigation.
`The ALJ also found no extraordinary circumstances preventing the termination of the
`investigation as to the non-Avoca Respondents and that termination is in the public interest. No
`petitions for review of this ID were filed.
`
`On May 2, 2017, the ALJ issued an ID, Order No. 16, granting the motion to terminate the
`investigation based on a settlement agreement as to Avoca, thus terminating the investigation in
`its entirety. The ALJ found that the motion complied with Commission Rule 210.2l(b)(l) and
`that the redactions in the public version of the settlement agreement were addressed by a separate
`order, Order No. 15. The ALJ also found that termination was in the public interest. No
`petitions for review of this ID were filed.
`
`The Commission has determined not to review the subject IDs. '
`
`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 CPR. part 210).
`
`By order of the Commission.
`
`WW
`
`Lisa R. Barton
`
`Secretary to the Commission
`
`,Issued: May 23, 2017
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`RIMFROST EXHIBIT 1054 page 0002
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`page 0002
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`CERTAIN KRILL OIL PRODUCTS AND KRILL MEAL
`FOR PRODUCTION OF KRILL OIL PRODUCTS
`
`Inv. No. 337-TA-1019
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`PUBLIC CERTIFICATE OF SERVICE
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`1, Lisa R. Barton, hereby certify that the attached NOTICE has been served upon the
`following parties as indicated, on May 23, 2017.
`
`24%
`
`LisaR. Barton, Secretary
`U. S. International Trade Commission
`
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Comglainants Aker BioMarine Antarctic AS and
`Aker BioMarine Manufacturing LLC:
`
`Andrew F. Pratt, Esq.
`VENABLE LLP
`600 Massachusetts Ave. NW
`Washmgton, DC. 20001
`
`'
`
`Cl Via Hand Delivery
`El Via Express Delivery
`Via First Class Mail
`[3 Other:
`
`On Behalf of Respondents Olympic Holding'AS, Rimfrost AS,
`Emerald Fisheries AS, Avoca, Inc.., Rimfrost USA, LLC,
`Rimfrost New Zealand Limited, and Bioriginal Food &
`
`Science Corp;
`
`I
`Doris Johnson Hines Esq.
`FINNEGAN, HENDERSON, FARABOW, GARRETT &
`DUNNER LLP
`901 New York Avenue, NW
`Washington, DC. 20001
`
`III Via Hand Delivery
`|:| Via Express Delivery
`Via First Class Mail
`
`[:1 Other:
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`page 0003
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