UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, DC
`
`
`
`
`
`
`In the Matter of
`
`CERTAIN KRILL OIL PRODUCTS AND
`
`KRILL MEAL FOR PRODUCTION OF
` KRILL OIL PRODUCTS
`
`
`
`Investigation No. 337-TA-1019
`:
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`NOTICE OF COMMISSION DETERMINATION
`(1) NOT TO REVIEW ANINITIAL DETERMINATION GRANTING-IN-PART AN
`UNOPPOSED MOTION TO TERMINATETHE INVESTIGATION BASED ON
`WITHDRAWALOF THE COMPLAINT AS TO CERTAIN RESPONDENTS AND
`(2) NOT TO REVIEW ANINITIAL DETERMINATION GRANTING AN UNOPPOSED
`MOTION TO TERMINATE THE INVESTIGATION BASED ON A SETTLEMENT
`AGREEMENTAS TO THE REMAINING RESPONDENT;
`TERMINATION OF THE INVESTIGATION
`
`AGENCY:_USS. International Trade Commission.
`
`ACTION:
`
`Notice.
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined (1) not to review theinitial 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 motionto
`terminate the investigation based on a settlement agreementas to the remaining respondent.
`
`FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the
`General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC
`20436, telephone 202-205-3438. Copies of non-confidential documentsfiled 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 concerningthe
`Commission mayalso be obtained by accessingits 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 Commissioninstituted 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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`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 ofkrill 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 AvocaInc. 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”). Jd. The Office
`of Unfair Import Investigations was not named asa 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 (“ALJ”) issued an ID, Order No. 14,
`granting-in-part the motion to terminate the investigation based on the withdrawalofthe
`complaint as to the non-Avoca Respondents. The ALJ found as to the non-Avoca Respondents
`theré 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 andthattermination 8 in the public interest. No
`petitions for review of this ID werefiled.
`
`On May2, 2017, the ALJ issued an ID, Order No. 16, granting the motionto 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 210.21(b)(1) 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 wasin the public interest. No
`petitions for review of this ID werefiled.
`
`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 C.F.R. part 210).
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`Byorder of the Commission.
`
`:
`Issued: May 23, 2017
`
`OiiZ>
`
`Lisa R. Barton
`Secretary to the Commission
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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
`
`I, Lisa R. Barton, hereby certify that the attached NOTICEhas been served upon the
`following parties as indicated, on May 23, 2017.
`
`FZ
`
`Lisa R. Barton, Secretary
`USS.International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Aker BioMarine Antarctic AS and
`Aker BioMarine Manufacturing LLC:
`
`AndrewF.Pratt, Esq.
`VENABLE LLP
`600 Massachusetts Ave. NW
`Washington, D.C. 20001
`
`C) Via Hand Delivery
`CJ Via Express Delivery
`Via First Class Mail
`CJ 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.:
`
`|
`Doris Johnson Hines, Esq.
`FINNEGAN, HENDERSON, FARABOW,GARRETT &
`DUNNER LLP
`901 New York Avenue, NW
`Washington, D.C. 20001
`
`CL] Via Hand Delivery
`CO Via Express Delivery
`Via First Class Mail
`C] Other:
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`page 0003
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