Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 44263 

1See Antidumping Duty Order: Certain Malleable 

Iron Pipe Fittings from the People’s Republic of 

China, 68 FR 69376 (December 12, 2003) (Order). 

2See Atkore’s Letter, ‘‘Scope Ruling Request: 

Malleable Cast Iron Pipe Fittings from the People’s 

Republic of China (A–570–881),’’ dated October 4, 

2016 (Scope Request). 

3See Memorandum, ‘‘Antidumping Duty Order 

on Malleable Cast Iron Pipe Fittings from the 

People’s Republic of China, Final Scope Ruling 

Concerning Cast Iron Electrical Conduit Articles,’’ 

dated March 16, 2017 (Final Scope Ruling). 

4See Atkore Steel Components, Inc., v. United 

States, Court No. 17–00077, Slip Op. 18–52 (CIT 

2018). 

5See Final Results of Redetermination Pursuant 

to Court Remand, Certain Malleable Iron Pipe 

Fittings from the People’s Republic of China, Atkore 

Steel Components, Inc., v. United States, Court No. 

17–00077, Slip Op. 18–52 (CIT May 15, 2018), 

dated July 11, 2018 (Final Remand Results). 

6 Id. at 2 (citing Viraj Group, Ltd. v. United States, 

343 F.3d 1371, 1376 (Fed. Cir. 2003) (Viraj)). 

7See Final Remand Results at 16. 

8See Atkore Steel Components, Inc. v. United 

States, Court No. 17–00077, Slip Op. 18–94 (CIT 

2018). 

9See Timken Co. v. United States, 893 F.2d 337, 

341 (Fed. Cir. 1990) (Timken). 

10See Diamond Sawblades Mfrs. Coalition v. 

United States, 626 F.3d 1374 (Fed. Cir. 2010) 

(Diamond Sawblades). 

conduit articles (electrical conduit 

articles) imported by Atkore Steel 

Components, Inc. (Atkore), are not 

within the scope of the antidumping 

duty order on malleable cast iron pipe 

fittings (MIPF) from the People’s 

Republic of China (China). 

DATES: Applicable August 13, 2018. 

FOR FURTHER INFORMATION CONTACT: Alex 

Rosen, Office III, AD/CVD Operations, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–7814. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 4, 2016, Atkore submitted 

a scope request claiming that electrical 

conduit articles are outside the scope of 

the antidumping duty Order 1 on MIPF 

from China.2 Commerce issued its Final 

Scope Ruling on MIPF on March 16, 

2017, finding that electrical conduit 

articles were subject to the scope of the 

Order.3 On May 12, 2017, Atkore filed 

a complaint with the CIT asking for a 

review of Commerce’s Final Scope 

Ruling. On May 15, 2018, the CIT 

remanded the scope ruling on two 

grounds.4 First, the CIT held that 

Commerce’s determination was 

incorrect with regard to its finding that 

the scope language in the Order was 

unambiguous. Second, the Court held 

that Commerce’s substantive 

conclusions, responding to Atkore’s 

arguments about the 19 CFR 

351.225(k)(1) sources, were 

unsupported by substantial evidence. 

Pursuant to the Court’s instructions, 

Commerce issued the Final Results of 

Redetermination on Remand.5

Consistent with the Court’s instructions, 

Commerce conducted an analysis of the 

(k)(1) sources at the court’s direction, 

but under respectful protest.6 Upon 

further analysis of the merchandise 

under consideration, and based on 

various 351.225(k)(1) sources on the 

record, Commerce determined that the 

record supports a determination that 

electrical conduit articles are outside 

the scope of the Order.7 On August 3, 

2018, the Court sustained Commerce’s 

Final Remand Results in their entirety.8

Timken Notice 

In its decision in Timken,9 as clarified 

by Diamond Sawblades,10 the Court of 

Appeals for the Federal Circuit (CAFC) 

held that, pursuant to section 516A(c) 

and (e) of the Tariff Act of 1930, as 

amended (the Act), Commerce must 

publish a notice of a court decision that 

is not ‘‘in harmony’’ with a Commerce 

determination and must suspend 

liquidation of entries pending a 

‘‘conclusive’’ court decision. The CIT’s 

August 3, 2018, judgment in this case 

constitutes a final decision of the court 

that is not in harmony with Commerce’s 

Final Scope Ruling. This notice is 

published in fulfillment of the 

publication requirements of Timken. 

Accordingly, Commerce will continue 

the suspension of liquidation of 

components for MIPF pending 

expiration of the period of appeal or, if 

appealed, pending a final and 

conclusive court decision. 

Amended Final Scope Ruling 

Because there is now a final court 

decision with respect to this case, 

Commerce is amending its final scope 

ruling and finds that the scope of the 

Order does not cover the electrical 

conduit articles specified in Atkore’s 

Scope Request. Commerce will instruct 

U.S. Customs and Border Protection 

(CBP) that the cash deposit rate will be 

zero percent for certain electrical 

conduit articles imported by Atkore. In 

the event that the CIT’s ruling is not 

appealed, or if appealed, upheld by the 

CAFC, Commerce will instruct CBP to 

liquidate entries of Atkore’s electrical 

conduit articles without regard to 

antidumping duties, and to lift 

suspension of liquidation of such 

entries. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 516A(e)(1) of 

the Act. 

Dated: August 24, 2018. 

Gary Taverman, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations, 

performing the non-exclusive functions and 

duties of the Assistant Secretary for 

Enforcement and Compliance. 

[FR Doc. 2018–18827 Filed 8–29–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Science Advisory Board; Solicitation 

for Members of the NOAA Science 

Advisory Board 

AGENCY: Office of Oceanic and 

Atmospheric Research (OAR), National 

Oceanic and Atmospheric 

Administration (NOAA), Department of 

Commerce (DOC). 

ACTION: Notice of solicitation for 

members of the NOAA Science 

Advisory Board. 

SUMMARY: NOAA is soliciting 

nominations for members of the NOAA 

Science Advisory Board (SAB). The 

SAB is the only Federal Advisory 

Committee with the responsibility to 

advise the Under Secretary of 

Commerce for Oceans, Atmosphere, and 

NOAA Administrator on long- and 

short-range strategies for research, 

education, and application of science to 

resource management and 

environmental assessment and 

prediction. The SAB consists of 

approximately fifteen members 

reflecting the full breadth of NOAA’s 

areas of responsibility and assists 

NOAA in maintaining a complete and 

accurate understanding of scientific 

issues critical to the agency’s missions. 

DATES: Nominations should be sent to 

the web address specified below and 

must be received by October 15, 2018. 

ADDRESSES: Applications should be 

submitted electronically to 

noaa.sab.newmembers@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Cynthia Decker, Executive Director, 

Science Advisory Board, NOAA, Rm. 

11230, 1315 East-West Highway, Silver 

Spring, Maryland 20910 (Phone: 301– 

734–1156, Fax: 301–713–1459, Email: 

Cynthia.Decker@noaa.gov); or visit the 

NOAA SAB website at http://

www.sab.noaa.gov. 

SUPPLEMENTARY INFORMATION: At this 

time, individuals are sought with 

expertise in cloud computing, artificial 

intelligence and data management; 

weather modeling and data assimilation; 

remote/autonomous sensing technology; 


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44264 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices 

ocean exploration science and 

technology; and ‘omics science. 

Individuals with expertise in other 

NOAA mission areas are also welcome 

to apply. 

Composition and Points of View: The 

Board will consist of approximately 

fifteen members, including a Chair, 

designated by the Under Secretary in 

accordance with FACA requirements. 

Members will be appointed for threeyear terms, renewable once, and serve at 

the discretion of the Under Secretary. If 

a member resigns before the end of his 

or her first term, the vacancy 

appointment shall be for the remainder 

of the unexpired term, and shall be 

renewable twice if the unexpired term is 

less than one year. Members will be 

appointed as special government 

employees (SGEs) and will be subject to 

the ethical standards applicable to 

SGEs. Members are reimbursed for 

actual and reasonable travel and per 

diem expenses incurred in performing 

such duties but will not be reimbursed 

for their time. As a Federal Advisory 

Committee, the Board’s membership is 

required to be balanced in terms of 

viewpoints represented and the 

functions to be performed as well as the 

interests of geographic regions of the 

country and the diverse sectors of U.S. 

society. 

The SAB meets in person three times 

each year, exclusive of teleconferences 

or subcommittee, task force, and 

working group meetings. Board 

members must be willing to serve as 

liaisons to SAB working groups and/or 

participate in periodic reviews of the 

NOAA Cooperative Institutes and 

overarching reviews of NOAA’s research 

enterprise. 

Nominations: Interested persons may 

nominate themselves or third parties. 

Applications: An application is 

required to be considered for Board 

membership, regardless of whether a 

person is nominated by a third party or 

self-nominated. The application package 

must include: (1) The nominee’s full 

name, title, institutional affiliation, and 

contact information; (2) the nominee’s 

area(s) of expertise; (3) a short 

description of his/her qualifications 

relative to the kinds of advice being 

solicited by NOAA in this Notice; and 

(4) a current resume (maximum length 

four [4] pages). 

Dated: August 23, 2018. 

David Holst, 

Chief Financial Officer/Administrative 

Officer, Office of Oceanic and Atmospheric 

Research, National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2018–18815 Filed 8–29–18; 8:45 am] 

BILLING CODE 3510–KD–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

[Docket No.: PTO–P–2018–0054] 

Filing Patent Applications 

Electronically During Designated 

Significant Outages of the United 

States Patent and Trademark Office 

Electronic Business Systems 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO) encourages 

applicants to file their patent 

applications via its electronic filing 

system (EFS-Web). The USPTO 

experiences occasional unplanned 

electronic business system outages, 

including unplanned system outages 

that preclude patent applicants and 

patentees from filing patent documents 

and fees via the electronic filing system 

for a significant period of time. This 

notice prescribes a procedure for filing 

patent applications by alternative 

electronic means during a significant 

unplanned electronic business system 

outage, as designated by the Director of 

the USPTO. An application filed by the 

alternative electronic means prescribed 

in this notice during a designated 

significant unplanned electronic 

business system outage will be 

considered to have been filed by the 

USPTO’s electronic filing system, and 

thus will not incur the fee required by 

section 10(h) of the Leahy-Smith 

America Invents Act for a patent 

application not filed by the USPTO’s 

electronic filing system. 

DATES: 

Applicability date: The alternative 

electronic filing procedures prescribed 

in this notice apply to patent 

applications filed from August 15, 2018 

through and including August 23, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Eugenia A. Jones, Senior Legal Advisor, 

Office of Patent Legal Administration, at 

571–272–7727, or Erin M. Harriman, 

Senior Legal Advisor, Office of Patent 

Legal Administration, at 571–272–7747. 

SUPPLEMENTARY INFORMATION: The 

USPTO encourages applicants to file 

their patent applications via its 

electronic filing system (EFS-Web) and 

collects a fee as required by section 

10(h) of the Leahy-Smith America 

Invents act for patent applications not 

filed by electronic means as prescribed 

by the Director. Information concerning 

electronic filing via EFS-Web is 

available from the EFS-Web landing 

page on the USPTO’s internet website 

(https://www.uspto.gov/patentsapplication-process/applying-online/ 

about-efs-web) and is discussed in 

section 502.05 of the Manual of Patent 

Examining Procedure (MPEP). 

The USPTO periodically takes various 

electronic business systems off line 

(during non-business hours) to perform 

routine maintenance. The USPTO, 

however, also experiences occasional 

unplanned electronic business system 

outages. While the USPTO is typically 

able to restore its electronic business 

systems with sufficient time remaining 

in a day to permit patent applicants and 

patentees to file patent documents and 

fees via the electronic filing system on 

that day, the USPTO also experiences 

significant unplanned electronic 

business system outages that preclude 

patent applicants and patentees from 

filing patent documents and fees via the 

electronic filing system for a significant 

period of time. The USPTO experienced 

such a significant unplanned electronic 

business systems outage beginning on 

August 15, 2018. This notice prescribes 

a procedure for filing patent 

applications by electronic means during 

a designated significant unplanned 

electronic business system outage. 

The alternative electronic filing 

means prescribed in this notice is 

available only when there is a 

significant unplanned electronic 

business system outage that precludes 

patent applicants and patentees from 

filing patent documents and fees via the 

electronic filing system for a significant 

period of time, as designated by the 

Director of the USPTO (a ‘‘designated 

significant unplanned electronic 

business system outage’’). The 

unplanned electronic business systems 

outage beginning August 15, 2018 is 

designated as a significant unplanned 

electronic business system outage, and 

the alternative electronic filing means 

prescribed in this notice is available for 

patent applications filed from August 

15, 2018 through and including August 

23, 2018. The USPTO will post a notice 

on its internet website in the event of a 

future designated significant unplanned 

electronic business system outage, and 

indicate the dates during which the 

alternative electronic filing means 

prescribed in this notice are available 

due to such designated significant 

unplanned electronic business system 

outage. 

37 CFR 1.16(t) and 1.445(a)(1)(ii) 

implement section 10(h) of the LeahySmith America Invents Act, which 

requires an additional fee for each 

application for an original (i.e., 

nonreissue) patent, except for a design, 

plant, or provisional application, that is 


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