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Sep 12, 2016

United States International Trade Commission News Releases Update: USIT Institutes Section 337 Investigation of Certain Krill Oil Products and Krill Meal for Production of Krill Oil Products

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September 12, 2016
News Release 16-115
Inv. No. 337-TA-1019
Contact: Peg O'Laughlin, 202-205-1819
 
USITC Institutes Section 337 Investigation of Certain Krill Oil Products and Krill Meal for Production of Krill Oil Products
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain krill oil products and krill meal for production of krill oil products.  The products at issue in this investigation are krill meal, for use in producing krill oil to be taken as a dietary supplement, and krill oil made from krill meal (including krill oil in capsule form) that can be taken as a dietary supplement.
The investigation is based on a complaint filed by Aker BioMarine Antarctic AS of Lysaker, Norway, and Aker BioMarine Manufacturing, LLC of Houston, TX, on August 12, 2016.  The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain krill oil products and krill meal for production of krill oil products that infringe patents asserted by the complainants.  The complainants request that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Olympic Holding AS of Fosnavåg, Norway;
Rimfrost AS of Fosnavåg, Norway;
Emerald Fisheries AS of Fosnavåg, Norway;
Avoca Inc. of Merry Hill, NC;
Rimfrost USA, LLC, of Merry Hill, NC;
Rimfrost New Zealand Limited of Richmond, Nelson, NZ; and
Bioriginal Food & Science Corp. of Saskatoon, Saskatchewan, Canada.
By instituting this investigation (337-TA-1019), the USITC has not yet made any decision on the merits of the case.  The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time.  Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.