[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Notices]
[Page 24400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10862]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1019]


Certain Krill Oil Products and Krill Meal for Production of Krill 
Oil Products; 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

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined 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 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, U.S. 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 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 concerning 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 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 Fosnav[aring]g, Norway; Rimfrost AS of 
Fosnav[aring]g, Norway; Emerald Fisheries AS of Fosnav[aring]g, 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 (``ALJ'') 
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 210.21(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 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 CFR 
part 210).

    By order of the Commission.

    Issued: May 23, 2017.
Katherine M. Hiner,
Supervisory Attorney.
[FR Doc. 2017-10862 Filed 5-25-17; 8:45 am]
BILLING CODE 7020-02-P