Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 79897 

14 Id. 

1See Low Melt Polyester Staple Fiber from the 

Republic of Korea and Taiwan: Antidumping Duty 

Orders, 83 FR 40752 (August 16, 2018) (Order). 

2See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

71829 (October 18, 2023). 

3See Memorandum, ‘‘Extension of the Deadline 

for Preliminary Results of Antidumping Duty 

Administrative Review,’’ dated April 8, 2024. 

4See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Proceedings,’’ dated July 22, 2024. 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the Administrative 

Review of the Antidumping Duty Order on Low 

Melt Polyester Staple Fiber from the Republic of 

Korea; 2022–2023,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

6See 19 CFR 351.309(c)(1)(ii); see also 19 CFR 

351.303 (for general filing requirements). 

7 See 19 CFR 351.309(d); see also Administrative 

Protective Order, Service, and Other Procedures in 

Antidumping and Countervailing Duty Proceedings, 

88 FR 67069, 67077 (September 29, 2023) (APO and 

Service Final Rule). 

representatives, or to update contact 

information. Any changes or 

announcements pertaining to these 

procedures will be posted to the 

ACCESS website at https://

access.trade.gov. 

Special Instructions for Petitioners and 

Foreign Governments 

In the Final Rule, Commerce stated 

that, ‘‘after an initial request and 

placement on the annual inquiry service 

list, both petitioners and foreign 

governments will automatically be 

placed on the annual inquiry service list 

in the years that follow.’’ 14

Accordingly, as stated above and 

pursuant to 19 CFR 351.225(n)(3), the 

petitioners and foreign governments 

will not need to resubmit their entries 

of appearance each year to continue to 

be included on the annual inquiry 

service list. However, the petitioners 

and foreign governments are responsible 

for making amendments to their entries 

of appearance during the annual update 

to the annual inquiry service list in 

accordance with the procedures 

described above. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: September 20, 2024. 

Scot Fullerton, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2024–22493 Filed 9–30–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–895] 

Low Melt Polyester Staple Fiber From 

the Republic of Korea: Preliminary 

Results of Antidumping Duty 

Administrative Review; 2022–2023 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that the sole producer/ 

exporter subject to this administrative 

review made sales of subject 

merchandise at less than normal value 

(NV) during the period of review (POR) 

August 1, 2022, through July 31, 2023. 

Interested parties are invited to 

comment on these preliminary results. 

DATES: Applicable October 1, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Hart, AD/CVD Operations, 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1058, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 16, 2018, Commerce 

published in the Federal Register the 

antidumping duty order on low melt 

polyester staple fiber (low melt PSF) 

from the Republic of Korea (Korea).1 On 

October 18, 2023, based on a timely 

request for review, in accordance with 

19 CFR 351.221(c)(1)(i), we initiated an 

administrative review on low melt PSF 

from Korea.2 The review covers one 

producer/exporter of the subject 

merchandise, Toray Advanced Materials 

Korea, Inc. (TAK). 

On April 8, 2024, Commerce extended 

the deadline for the preliminary results 

of this administrative review until 

August 30, 2024.3 On July 22, 2024, 

Commerce tolled certain deadlines in 

this administrative proceeding by seven 

days.4 The deadline for the preliminary 

results is now September 6, 2024. For a 

complete description of the events that 

followed the initiation of this review, 

see the Preliminary Decision 

Memorandum.5

Scope of the Order 

The merchandise subject to the Order 

is synthetic staple fibers, not carded or 

combed, specifically bi-component 

polyester fibers having a polyester fiber 

component that melts at a lower 

temperature than the other polyester 

fiber component. For a complete 

description of the scope of the Order, 

see the Preliminary Decision 

Memorandum. 

Methodology 

Commerce is conducting this review 

in accordance with sections 751(a)(1)(B) 

and (2) of the Tariff Act of 1930, as 

amended (the Act). Export price is 

calculated in accordance with section 

772 of the Act. NV is calculated in 

accordance with section 773 of the Act. 

For a full description of the 

methodology underlying our 

conclusions, see the Preliminary 

Decision Memorandum. A list of the 

topics discussed in the Preliminary 

Decision Memorandum is attached as an 

appendix to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://

access.trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Preliminary Results of Review 

As a result of this review, we 

preliminarily determine that the 

following estimated weighted-average 

dumping margin exists for the period 

August 1, 2022, through July 31, 2023: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

Toray Advanced Materials 

Korea, Inc ................................ 2.46 

Disclosure and Public Comment 

Commerce intends to disclose its 

calculations and analysis performed to 

interested parties for these preliminary 

results within five days of any public 

announcement or, if there is no public 

announcement, within five days of the 

date of publication of this notice in 

accordance with 19 CFR 351.224(b). 

Interested parties may submit case 

briefs or other written comments to 

Commerce no later than 30 days after 

the date of publication of this notice.6

Rebuttal briefs, limited to issues raised 

in the case briefs, may be filed no later 

than five days after the time limit for 

filing case briefs.7 Parties who submit 

case briefs or rebuttal briefs in this 

proceeding must submit: (1) a statement 


khammond on DSKJM1Z7X2PROD with NOTICES
79898 Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 

8 See 19 CFR 351.309(c)(2) and (d)(2). 

9We use the term ‘‘issue’’ here to describe an 

argument that Commerce would normally address 

in a comment of the Issues and Decision 

Memorandum. 

10See APO and Service Final Rule. 

11See 19 CFR 351.310(d). 

12 See 19 CFR 351.212(b). 

13 See Antidumping Proceedings: Calculation of 

the Weighted-Average Dumping Margin and 

Assessment Rate in Certain Antidumping 

Proceedings; Final Modification, 77 FR 8101 

(February 14, 2012) (Final Modification for 

Reviews). 

14 Id. 77 FR at 8102. 

15 See section 751(a)(2)(C) of the Act. 

16 See Order. 

17 For a full discussion of this practice, see 

Antidumping and Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 FR 23954 

(May 6, 2003). 

18 See Order. 

19 See section 751(a)(3)(A) of the Act; see also 19 

CFR 351.213(h). 

of the issue; (2) a brief summary of the 

argument; and (3) a table of authorities.8

As provided under 19 CFR 

351.309(c)(2) and (d)(2), in prior 

proceedings, we have encouraged 

interested parties to provide an 

executive summary of their brief that 

should be limited to five pages total, 

including footnotes. In this review, we 

instead request that interested parties 

provide, at the beginning of their briefs, 

a public executive summary for each 

issue raised in their briefs.9 Further, we 

request that interested parties limit their 

public executive summary of each issue 

to no more than 450 words, no 

including citations. We intend to use 

the public executive summaries as the 

basis of the comment summaries 

included in the issues and decision 

memorandum that will accompany the 

final results in this administrative 

review. We request that interested 

parties include footnotes for relevant 

citations in the public executive 

summary of each issue. Note that 

Commerce has amended certain of its 

requirements pertaining to the service of 

documents in 19 CFR 351.303(f).10

Pursuant to 19 CFR 351.310(c), 

interested parties who wish to request a 

hearing must submit a written request to 

the Acting Assistant Secretary for 

Enforcement and Compliance, U.S. 

Department of Commerce, filed 

electronically via ACCESS. Hearing 

requests should contain: (1) the party’s 

name, address, and telephone number; 

(2) the number of participants; and (3) 

a list of issues to be discussed. Issues 

raised in the hearing will be limited to 

issues raised in the respective case 

briefs. If a request for a hearing is made, 

Commerce intends to hold the hearing 

at a date and time to be determined and 

will notify the parties through 

ACCESS.11 Parties should confirm the 

date, time, and location of the hearing 

two days before the scheduled date. 

All submissions, including case and 

rebuttal briefs, as well as hearing 

requests, should be filed using ACCESS. 

An electronically-filed document must 

be received successfully in its entirety 

by ACCESS by 5:00 p.m. Eastern Time 

on the established deadline. 

Assessment Rates 

Pursuant to section 751(a)(2)(A) of the 

Act, upon completion of the final 

results, Commerce shall determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries.12 Pursuant to 

19 CFR 351.212(b)(1), if TAK’s 

weighted-average dumping margin is 

not zero or de minimis (i.e., less than 0.5 

percent) in the final results of this 

review, we will calculate importerspecific ad valorem assessment rates 

based on the ratio of the total amount of 

dumping calculated for the importer’s 

examined sales to the total entered 

value of those same sales.13 If the 

respondent has not reported entered 

values, we will calculate a per-unit 

assessment rate for each importer by 

dividing the total amount of dumping 

calculated for the examined sales made 

to that importer by the total quantity 

associated with those transactions. If 

TAK’s weighted-average dumping 

margin is zero or de minimis within the 

meaning of 19 CFR 351.106(c)(1), or an 

importer-specific assessment rate is zero 

or de minimis, we will instruct CBP to 

liquidate entries without regard to 

antidumping duties.14 The final results 

of this review shall be the basis for the 

assessment of antidumping duties on 

entries of merchandise covered by the 

final results of this review and for future 

deposits of estimated duties, where 

applicable.15

For entries of subject merchandise 

during the POR produced by TAK for 

which it did not know that the 

merchandise was destined for the 

United States, we intend to instruct CBP 

to liquidate unreviewed entries at the 

all-others rate established in the original 

less-than-fair-value (LTFV) investigation 

(i.e., 16.27 percent) 16 if there is no rate 

for the intermediate company(ies) 

involved in the transaction.17

Commerce intends to issue 

assessment instructions to CBP no 

earlier than 35 days after the date of 

publication of the final results of this 

review in the Federal Register. If a 

timely summons is filed at the U.S. 

Court of International Trade, the 

assessment instructions will direct CBP 

not to liquidate relevant entries until the 

time for parties to file a request for a 

statutory injunction has expired (i.e., 

within 90 days of publication). 

Cash Deposit Requirements 

The following deposit requirements 

will be effective for all shipments of the 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results of this 

administrative review, as provided by 

section 751(a)(2)(C) of the Act: (1) the 

cash deposit rate for the company listed 

above will be equal to the weightedaverage dumping margin established in 

the final results of this review, except if 

the rate is less than 0.50 percent and, 

therefore, de minimis within the 

meaning of 19 CFR 351.106(c)(1), in 

which case the cash deposit rate will be 

zero; (2) for previously reviewed or 

investigated companies not 

participating in this review, the cash 

deposit rate will continue to be the 

company-specific rate published for the 

most recently-completed segment of this 

proceeding in which the company was 

reviewed; (3) if the exporter is not a firm 

covered in this review, a prior review, 

or the LTFV investigation, but the 

producer is, then the cash deposit rate 

will be the cash deposit rate established 

in the completed segment for the most 

recent period for the producer of the 

merchandise; and (4) the cash deposit 

rate for all other producers or exporters 

will continue to be 16.27 percent, the 

all-others rate established in the LTFV 

investigation.18 These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Final Results of Review 

Unless the deadline is otherwise 

extended, Commerce intends to issue 

the final results of this administrative 

review, including the results of its 

analysis of issues raised by interested 

parties in the written comments, within 

120 days of publication of these 

preliminary results in the Federal 

Register.19

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this 

review period. Failure to comply with 

this requirement could result in 

Commerce’s presumption that 

reimbursement of antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 190 / Tuesday, October 1, 2024 / Notices 79899 

Notification to Interested Parties 

We are issuing and publishing these 

results in accordance with sections 

751(a)(1) and 777(i)(1) of the Act and 19 

CFR 351.221(b)(4). 

Dated: September 6, 2024. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

Appendix 

List of Topics Discussed in the Preliminary 

Decision Memorandum 

I. Summary 

II. Background 

III. Scope of the Order 

IV. Discussion of the Methodology 

V. Currency Conversion 

VI. Recommendation 

[FR Doc. 2024–22521 Filed 9–30–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No. PTO–P–2024–0047] 

Grant of Interim Extension of the Term 

of U.S. Patent No. 7,199,162— 

GRAFAPEXTM (Treosulfan) 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Notice of interim patent term 

extension. 

SUMMARY: The United States Patent and 

Trademark Office has issued a 

certificate for a one-year interim 

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

7,199,162. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Kahler Fonda, Senior Legal 

Advisor (telephone (571) 272–7754; 

email kathleen.fonda@uspto.gov). 

Alternatively, mail may be addressed to 

Commissioner for Patents, Mail Stop 

Hatch-Waxman PTE, P.O. Box 1450, 

Alexandria, VA 22313–1450, and 

marked to the attention of Ms. Fonda. 

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 one year if the 

regulatory review is anticipated to 

extend beyond the expiration date of the 

patent. 

On August 20, 2024, Medac 

Gesellschaft fu ̈r Klinische 

Spezialpra ̈parate mbH, the patent owner 

of record, timely filed an application 

under 35 U.S.C. 156(d)(5) for a fourth 

interim extension of the term of U.S. 

Patent No. 7,199,162. The patent claims 

a method of using the human drug 

product GRAFAPEXTM (treosulfan). The 

application for patent term extension 

indicates that New Drug Application 

214759 was submitted to the Food and 

Drug Administration on August 11, 

2020, and its review in order for the 

patent owner to obtain permission to 

market and use the product 

commercially is ongoing. 

Review of the patent term extension 

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 one year 

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

Because the regulatory review period 

will continue beyond the thriceextended expiration date of the patent, 

October 12, 2024, interim extension of 

the patent term under 35 U.S.C. 

156(d)(5) is appropriate. 

A fourth interim extension under 35 

U.S.C. 156(d)(5) of the term of U.S. 

Patent No. 7,199,162 is granted for a 

period of one year from the thriceextended expiration date of the patent. 

Charles Kim, 

Deputy Commissioner for Patents, United 

States Patent and Trademark Office. 

[FR Doc. 2024–22480 Filed 9–30–24; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No.: PTO–P–2024–0051] 

Extension and Termination of the After 

Final Consideration Pilot Program 2.0 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice. 

SUMMARY: On April 3, 2024, the United 

States Patent and Trademark Office 

(USPTO), when setting and adjusting 

patent fees for fiscal year 2025, 

proposed a new fee to recuperate costs 

affiliated with the submission of a 

request for consideration under the 

After Final Consideration Pilot Program 

2.0 (AFCP 2.0). Commenters on the 

proposal expressed concerns about the 

AFCP 2.0 and the proposed fee. In view 

of these comments, the USPTO has 

decided to allow AFCP 2.0 to expire. 

While the program currently runs 

through September 30, 2024, to 

accommodate those who may be in the 

process of preparing to use the program, 

the USPTO will provide a short 

extension of the expiration of the 

program. The USPTO is setting 

December 14, 2024, as the last day to 

submit a request for participation under 

the program. 

DATES: The USPTO will not accept 

requests for consideration under the 

AFCP 2.0 filed after December 14, 2024. 

FOR FURTHER INFORMATION CONTACT: Kery 

Fries, Senior Legal Advisor, at 571–272– 

7757; or Raul Tamayo, Senior Legal 

Advisor, at 571–272–7728, both with 

the Office of Patent Legal 

Administration, Office of the Deputy 

Commissioner for Patents. 

SUPPLEMENTARY INFORMATION: On May 

19, 2013, the USPTO modified the After 

Final Consideration Pilot Program 

(AFCP) to create the AFCP 2.0. The 

three main differences between the 

AFCP and the AFCP 2.0 are: (1) an 

applicant must request to participate in 

AFCP 2.0; (2) a response to an after final 

rejection under AFCP 2.0 must include 

a non-broadening amendment to at least 

one independent claim; and (3) the 

examiner will schedule an interview 

with the applicant if the after-final 

response did not result in a 

determination by the examiner that all 

pending claims in the application were 

in condition for allowance. 

The goal of the AFCP 2.0 was to 

improve pendency by reducing the 

number of Requests for Continued 

Examination (RCE) and encourage 

increased collaboration between the 

applicant and the examiner to 

effectively advance prosecution of the 

application. The AFCP 2.0 does not 

require any additional fees for an 

applicant to request consideration of an 

amendment after final rejection, but any 

necessary existing fee, e.g., the fee for an 

extension of time, is required. Initially, 

the pilot program was scheduled to run 

for approximately one year and was set 

to end on September 30, 2014. The 

USPTO notified the public that the 

AFCP 2.0 may be extended (with or 

without modifications) depending on 

feedback from participants and based on 

a determination of the effectiveness of 

the pilot program. The USPTO 

repeatedly extended the pilot program, 

with the most recent extension set to 

end on September 30, 2024. 

Since 2016, applicants have filed 

more than 60,000 AFCP 2.0 requests 

annually. Due to the high usage of the 

AFCP 2.0, costs to administer the 

program are significant. A large part of 

the AFCP 2.0’s high usage is due to 

economic inefficiencies where 

participants receive program benefits 

without paying for the cost of the 


khammond on DSKJM1Z7X2PROD with NOTICES