By Eric Schweibenz
On July 5, 2013, ALJ David P. Shaw issued Order No. 8 in Certain Omega-3 Extracts from Marine or Aquatic Biomass and Products Containing the Same (Inv. No. 337-TA-877).  In the Order, ALJ Shaw ruled on Complainants Neptune Technologies & Bioressources Inc. and Acasti Pharma Inc.’s (collectively, “Neptune”) motion to compel Respondents Aker BioMarine AS, Aker BioMarine Antarctic AS, Aker BioMarine Antarctic USA, Inc., Olympic Seafood AS, Olympic Biotec Ltd., Avoca, Inc., Rimfrost USA, LLC, and Bioriginal Food & Science Corp. (collectively, “Aker Respondents”) and Enzymotec Ltd., Enzymotec USA, Inc. (collectively, “Enzymotec Respondents”) to complete document production and supplement disputed interrogatory responses.

According to the Order, Neptune argued that the Aker Respondents and Enzymotec Respondents should be compelled to complete their document production and supplement certain disputed interrogatory responses by June 20, 2013.  The Aker Respondents argued that Neptune’s request regarding the Aker Respondents’ document production had been substantially mooted by the Aker Respondents’ subsequent document production.  The Enzymotec Respondents argued that while Neptune had complained that the Enzymotec Respondents had not completed their document production, the same was true of all parties, including Neptune itself.  The Commission Investigative Staff (“OUII”) supported Neptune’s motion.

After considering the arguments, ALJ Shaw determined to grant Neptune’s motion to a limited extent.  The ALJ noted that while there was currently no deadline in the procedural schedule for the completion of document production, the prompt completion or substantial completion of document production was appropriate in view of other upcoming deadlines.  Accordingly, ALJ Shaw ordered as follows.  First, by July 10, 2013, each of the Respondents and Complainants must certify that its document production is complete or substantially complete.  Second, by July 18, 2013, each of the Respondents and Complainants must supplement its responses to interrogatories that rely on 19 C.F.R. § 210.29(c) by providing relevant production numbers.  Finally, by July 18, 2013, each of the Respondents must (1) supplement its responses to Neptune’s interrogatories to include not only krill-derived products that it directly imports into the U.S. but also its other krill-derived products that it knows are (or has reason to believe might be) imported by others into the U.S. (whether in the same or a further processed form); and (2) provide a narrative response setting forth the product names and/or numbers, chemical composition, and sales/distribution channels for its krill-derived products that are distributed, processed, and sold outside of the U.S. or, alternatively, supplement its responses to the relevant interrogatories to include such krill-derived products.