April 11, 2013
News Release 13-036
Inv. No. 337-TA-877
Contact: Peg O’Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN OMEGA-3 EXTRACTS FROM MARINE OR AQUATIC BIOMASS
AND PRODUCTS CONTAINING THE SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain omega-3 extracts from marine or aquatic biomass and products containing the same. The products at issue in this investigation are various supplement products containing krill oil and other marine or aquatic based products containing omega-3 fatty acids.
The investigation is based on a complaint filed by Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc., both of Quebec, Canada, on January 29, 2013. An amended complaint was filed on March 21, 2013. The complaint, as amended, alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain omega-3 extracts from marine or aquatic biomass and products containing the same that infringe patents asserted by the complainants. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Aker BioMarine AS of Oslo, Norway;
Aker BioMarine Antarctic USA, Inc., of Issaquah, WA;
Aker BioMarine Antarctic AS of Stamsund, Norway;
Enzymotec Limited of K’far Baruch, Israel;
Enzymotec USA, Inc., of Morristown, NJ;
Olympic Seafood AS of Fosnavåg, Norway;
Olympic Biotec Ltd. of Richmond, New Zealand;
Avoca, Inc., of Merry Hill, NC;
Rimfrost USA, LLC, of Merry Hill, NC; and
Bioriginal Food & Science Corp. of Saskatoon, Canada.
By instituting this investigation (337-TA-877), 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 six 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.