[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Notices]
[Pages 22898-22899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08963]


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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; Institution of Investigation Pursuant to 
19 U.S.C. 1337

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 January 29, 2013, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Neptune Technologies & Bioressources, Inc. of Canada and Acasti Pharma 
Inc. of Canada. An amended complaint was filed on March 21, 2013. A 
supplement to the amended complaint was filed on

[[Page 22899]]

April 1, 2013. The amended 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 omega-3 extracts from marine or aquatic biomass and products 
containing the same by reason of infringement of certain claims of U.S. 
Patent No. 8,278,351 (``the `351 patent'') and U.S. Patent No. 
8,383,675 (``the `675 patent''). The amended 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 an exclusion order 
and cease and desist orders.

ADDRESSES: The amended 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 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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    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 (2012).

    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on April 10, 2013, 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 omega-3 
extracts from marine or aquatic biomass and products containing the 
same by reason of infringement of one or more of claims 1-46 and 94 of 
the `351 patent and claim 1 of the `675 patent, and whether an industry 
in the United States exists as required by subsection (a)(2) of section 
337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue, which shall be limited to the 
statutory public interest factors set forth in 19 U.S.C. 1337(d)(1), 
(f)(1), (g)(1);
    (3) 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:

Neptune Technologies & Bioressources Inc., 545 Promenade du 
Centropolis, Suite 100, Laval, Qu[eacute]bec, Canada H7T 0A3;

Acasti Pharma Inc., 545 Promenade du Centropolis, Suite 100, Laval, 
Qu[eacute]bec, Canada H7T 0A3.

    (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:

Aker BioMarine AS, Fjordallen 16, Vika, 0115 Oslo, Norway;

Aker BioMarine Anarctic USA. Inc., 10 Newport Way NW., Suite D, 
Issaquah, WA 98027;

Aker BioMarine Antarctic AS, J.M. jonasens vei 99, 8340, Stamsund, 
Norway;

Enzymotec Limited, Sagi 2000, Industrial Zone K'far Baruch, Israel;

Enzymotec USA, Inc., 55 Madison Avenue, Suite 400, Morristown, NJ 
07960;

Olympic Seafood AS, V[aring]gsplassen 6090, Fosnav[aring]g, Norway;

Olympic Biotec Ltd., 79 Appleby Highway Richmond, 7050, New Zealand;

Avoca, Inc., 841 Avoca Farm Road, Merry Hill, NC 27957;

Rimfrost USA, LLC, 841 Avoca Farm Road, Merry Hill, NC 27957;

Bioriginal Food & Science Corp., 102 Melville Street, Saskatoon, SK, 
S7J 0R1 Canada.

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the amended 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(d)-(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 amended complaint 
and the notice of investigation. Extensions of time for submitting 
responses to the amended 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 amended complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the amended complaint and this notice, and to authorize the 
administrative law judge and the Commission, without further notice to 
the respondent, to find the facts to be as alleged in the amended 
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.

    Issued: April 11, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-08963 Filed 4-16-13; 8:45 am]
BILLING CODE 7020-02-P