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Omega-3 Firms Parse Amarin's Fair Trade Complaint Into Tariff Act Questions

Executive Summary

Attorneys for DSM, Pharmavite and Nordic Naturals pose two questions they say the Supreme Court is being asked in Amarin's request for a fair trade investigation. One is whether under Tariff Act, Federal Circuit lacks jurisdiction to review an ITC decision not to investigate? The second concerns an attempt for private enforcement of FDA regulations framed as a complaint to force an investigation under the Tariff Act.

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