38584 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 

may only cover an amount ranging from 

50 to 90 percent of the company’s 

export performance up to 30 billion 

won. 

Hynix received a loan under this 

program during the POR and provided 

documentation (e.g. loan application, 

approval document, and loan 

agreement), as well as data regarding the 

loan amount and interest paid during 

the POR. See Hynix’s April 14, 2009, 

supplemental questionnaire response at 

3 and 5. Upon examination of the 

documentation as well as the loan 

amount and interest paid during the 

POR, the Department preliminarily 

determines that there was no 

measurable benefit. Accordingly, it is 

unnecessary in this review for the 

Department to make a finding as to the 

countervailability of this program for 

this POR. We will include an 

examination of this program in a future 

administrative review. 

IV. Programs Previously Found Not to 

Have Been Used or Provided No 

Benefits 

We preliminarily determine that the 

following programs were not used 

during the POR: 

A. Reserve for Research and Human 

Resources Development (formerly 

Technological Development 

Reserve) (Article 9 of RSTA / 

formerly, Article 8 of TERCL) 

B. Tax Credit for Investment in 

Facilities for Productivity 

Enhancement (Article 24 of RSTA 

/Article 25 of TERCL) 

C. Tax Credit for Investment in 

Facilities for Special Purposes 

(Article 25 of RSTA) 

D. Reserve for Overseas Market 

Development (formerly, Article 17 

of TERCL) 

E. Reserve for Export Loss (formerly, 

Article 16 of TERCL) 

F. Tax Exemption for Foreign 

Technicians (Article 18 of RSTA) 

G. Reduction of Tax Regarding the 

Movement of a Factory That Has 

Been Operated for More Than Five 

Years (Article 71 of RSTA) 

H. Tax Reductions or Exemption on 

Foreign Investments under Article 9 

of the Foreign Investment 

Promotion Act (‘‘FIPA’’)/ FIPA 

(Formerly Foreign Capital 

Inducement Law) 

I. Duty Drawback on Non–Physically 

Incorporated Items and Excessive 

Loss Rates 

J. Export Insurance 

K. Electricity Discounts Under the 

RLA Program 

L. Import Duty Reduction for Cutting 

Edge Products 

M. System IC 2010 Project 

See Hynix’s January 29, 2009, 

questionnaire response at 20 and the 

GOK’s January 29, 2009, questionnaire 

response at 22. 

In the first administrative review, the 

Department found that ‘‘any benefits 

provided to Hynix under the System IC 

2010 Project are tied to non–subject 

merchandise’’ and, therefore, that 

‘‘Hynix did not receive any 

countervailable benefits under this 

program during the POR,’’ in 

accordance with 19 CFR 351.525(b)(5). 

See Dynamic Random Access Memory 

Semiconductors from the Republic of 

Korea: Final Results of Countervailing 

Duty Administrative Review, 71 FR 

14174 (March 21, 2006), and the 

accompanying Issues and Decision 

Memorandum at 15. No new 

information has been provided with 

respect to this program. See Hynx’s 

April 14, 2009 supplemental 

questionnaire at 1. Therefore, we 

preliminarily find that Hynix did not 

receive any countervailable benefits 

from the System IC 2010 Project during 

the POR. 

Preliminary Results of Review 

In accordance with 19 CFR 

351.221(b)(4)(i), we calculated an 

individual subsidy rate for Hynix, the 

producer/exporter covered by this 

administrative review. We preliminarily 

determine that the total estimated net 

countervailable subsidy rate for Hynix 

for calendar year 2007 is 0.06 percent ad 

valorem, which is de minimis in 

accordance with 19 CFR 351.106(c)(1). 

Consequently, if these preliminary 

results are adopted in the final results 

of this review, the Department will 

instruct U.S. Customs and Border 

Protection (‘‘CBP’’) to liquidate 

shipments of DRAMs by Hynix entered 

or withdrawn from warehouse, for 

consumption from January 1, 2007, 

through December 31, 2007, without 

regard to countervailing duties. See 19 

CFR 351.106(c)(1). We intend to issue 

these instructions 15 days after 

publication of the final results of this 

review. 

On October 3, 2008, the Department 

published a Federal Register notice 

that, inter alia, revoked this order, 

effective August 11, 2008. See Dynamic 

Random Access Memory 

Semiconductors From the Republic of 

Korea: Final Results of Sunset Review 

and Revocation of Order, 73 FR 57594 

(October 3, 2008). As a result, CBP is no 

longer suspending liquidation for 

entries of subject merchandise occurring 

after the revocation. Therefore, there is 

no need to issue new cash deposit 

instructions in the final results of this 

administrative review. 

Public Comment 

Interested parties may submit written 

arguments in case briefs within 30 days 

of the date of publication of this notice. 

Rebuttal briefs, limited to issues raised 

in case briefs, may be filed not later than 

five days after the date of filing the case 

briefs. Parties who submit briefs in this 

proceeding should provide a summary 

of the arguments not to exceed five 

pages and a table of statutes, 

regulations, and cases cited. Copies of 

case briefs and rebuttal briefs must be 

served on interested parties in 

accordance with 19 CFR 351.303(f). 

Interested parties may request a 

hearing within 30 days after the date of 

publication of this notice. Unless 

otherwise specified, the hearing, if 

requested, will be held two days after 

the scheduled date for submission of 

rebuttal briefs. 

The Department will publish a notice 

of the final results of this administrative 

review within 120 days from the 

publication of these preliminary results. 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: July 28, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–18597 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–946] 

Prestressed Concrete Steel Wire 

Strand from the People’s Republic of 

China: Correction to Notice of Initiation 

of Countervailing Duty Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: June 23, 2009 

FOR FURTHER INFORMATION CONTACT: 

Robert Copyak, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Room 4014, Washington, DC 20230; 

telephone: (202) 482–2209. 

SUPPLEMENTARY INFORMATION: On June 

23, 2009, the Department published its 

notice of initiation of the countervailing 

duty investigation of prestressed 

concrete steel wire strand from the 

People’s Republic of China (‘‘PRC’’). See 

Prestressed Concrete Steel Wire Strand 

From the People’s Republic of China: 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Notices 38585 

Initiation of Countervailing Duty 

Investigation, 74 FR 29670 (June 23, 

2009). In that notice, the effective date 

was listed as June 16, 2009. The 

effective date should have read June 23, 

2009, which was the date of publication 

of the notice of initiation. 

Dated: July 21, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–18594 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP72 

Endangered Species; File No. 1596–02 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

modification. 

SUMMARY: Notice is hereby given that 

National Marine Fisheries Service 

Southwest Fisheries Science Center has 

been issued a modification to scientific 

research Permit No. 1596–01. 

ADDRESSES: The modification and 

related documents are available for 

review upon written request or by 

appointment in the following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Opay (301)713–2289. 

SUPPLEMENTARY INFORMATION: On May 

13, 2009, notice was published in the 

Federal Register (74 FR 22517) that a 

modification of Permit No. 1596–01 had 

been requested by the above-named 

organization. The requested 

modification has been granted under the 

authority of the Endangered Species Act 

of 1973, as amended (ESA; 16 U.S.C. 

1531 et seq.) and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR 222–226). 

The permit modification authorizes 

researchers to annually fat biopsy and 

ultrasound up to 38 leatherback sea 

turtles as part of a health and nutritional 

assessment of this species. It also 

provides authority to close approach 

and attach VHR/TDR/sonic tag/GPS/ 

video camera units by suction cup on 

up to 20 leatherback sea turtles 

annually, and to later capture the same 

animals to remove the unit and then 

sample, tag, and attach another VHR/ 

TDR/sonic tag/GPS/video camera unit to 

the animals before release. Additionally, 

the permit modification authorizes 

researchers to annually attach a VHR/ 

TDR/sonic tag/GPS unit and tissue 

sample 20 leatherback sea turtles using 

a biopsy pole. The permit currently 

authorizes researchers to attach the unit 

or tissue sample 20 animals, not both. 

The number of leatherback sea turtles 

captured does not increase under the 

modification, but the mix of activities 

conducted on each animal does. The 

research may continue to occur in 

waters off the coast of the western 

United States through February 1, 2012. 

Issuance of this modification, as 

required by the ESA was based on a 

finding that such permit (1) was applied 

for in good faith, (2) will not operate to 

the disadvantage of such endangered or 

threatened species, and (3) is consistent 

with the purposes and policies set forth 

in section 2 of the ESA. 

Dated: July 29, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–18585 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

[Docket No. PTO–P–2009–0028] 

Grant of interim extension of the term 

of U.S. Patent No. 5,135,759; 

MicroSort® Sperm Separation 

Technology 

AGENCY: United States Patent and 

Trademark Office. 

ACTION: Notice of Interim Patent Term 

Extension. 

SUMMARY: The United States Patent and 

Trademark Office has issued an order 

granting interim extension under 35 

U.S.C. 156(d)(5) for a one-year interim 

extension of the term of U.S. Patent No. 

5,135,759. 

FOR FURTHER INFORMATION CONTACT: 

Mary C. Till by telephone at (571) 272– 

7755; by mail marked to her attention 

and addressed to the Commissioner for 

Patents, Mail Stop Hatch-Waxman PTE, 

P.O. Box 1450, Alexandria, VA 22313– 

1450; by fax marked to her attention at 

(571) 273–7755, or by e-mail to 

Mary.Till@uspto.gov. 

SUPPLEMENTARY INFORMATION: Section 

156 of Title 35, United States Code, 

generally provides that the term of a 

patent may be extended for a period of 

up to five years if the patent claims a 

product, or a method of making or using 

a product, that has been subject to 

certain defined regulatory review, and 

that the patent may be extended for 

interim periods of up to a year if the 

regulatory review is anticipated to 

extend beyond the expiration date of the 

patent. 

On June 8, 2009, the patent owner, the 

United States of America, as represented 

by the Secretary of Agriculture, timely 

filed an application under 35 U.S.C. 

156(d)(5) for an interim extension of the 

term of U.S. Patent No. 5,135,759. The 

patent claims the use of the medical 

device, MicroSort® Sperm Separation 

Technology. The application indicates, 

and the Food and Drug Administration 

has confirmed, that a Premarket 

Approval application (P090004) for the 

medical device, MicroSort® Sperm 

Separation Technology, has been filed 

by the licensee of the patent owner, 

Genetics & IVF Institute, and is 

currently undergoing regulatory review 

before the Food and Drug 

Administration for permission to market 

or use the product commercially. 

Review of the application indicates 

that except for permission to market or 

use the product commercially, the 

subject patent would be eligible for an 

extension of the patent term under 35 

U.S.C. 156, and that the patent should 

be extended for an additional one year 

as required by 35 U.S.C. 156(d)(5)(B). 

Because it is apparent that the 

regulatory review period will continue 

beyond the original expiration date of 

the patent (August 4, 2009), an interim 

extension of the patent term under 35 

U.S.C. 156(d)(5) is appropriate. 

An interim extension under 35 U.S.C. 

156(d)(5) of the term of U.S. Patent No. 

5,135,759 is granted for a period of one 

year from the original expiration date of 

the patent, i.e., until August 4, 2010. 

Dated: July 28, 2009. 

John J. Doll, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. E9–18574 Filed 8–3–09; 8:45 am] 

BILLING CODE 3510–16–P 

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