Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Notices 18099

respondents. The petitioners conclude

that, under these circumstances, the

Department should assume that Quebec

exported live swine to the United States

during the POR for purposes of

analyzing the FISI program.

The GOQ and the CPC argue that,

contrary to the petitioners’ assertion, the

Department’s determination was not

based upon a finding that there were no

exports of live swine from Quebec

during the POR; the determination was

based on finding that FISI could not

have benefited any live swine that might

have been exported to the United States

during the POR. The GOQ and the CPC

state that the Department verified that

all market hogs that could have

benefited from FISI payments were sold

to abattoirs in Canada. Therefore, the

Department correctly found the FISHI

could not have benefited any subject

merchandise that might have been

exported to the United States during the

POR.

Department’s Position: We disagree

with the petitioners. The Department

verified that all hogs receiving FISI

payments during the POR were

slaughtered in Canada. See Verification

Report at page 32. As such, no live

swine exported from Quebec received

FISI payments. Accordingly, we

determined that this program was not

used. However, we also verified that

there were exports of live swine from

Quebec. As such, for those programs

where assistance was provided during

the POR to all live swine in Quebec, we

properly calculated a subsidy rate for

the POR. (See Memorandum to the File

from Team A regarding the Farm

Income Stabilization Program dated

September 25, 1996, which is on file in

the CRU.)

Final Results of Review

For the period April 1, 1994 through

March 31, 1995, we determine the total

net subsidy on live swine from Canada

to be Can$0.0098 per kilogram.

The Department will instruct the U.S.

Customs Service to assess

countervailing duties of Can$0.0098 per

kilogram on shipments of live swine

from Canada exported on or after April

1, 1994 and on or before March 31,

1995.

The cash deposit is Can$0.0013 per

kilogram, which is de minimis.

Accordingly, the Department will also

instruct the U.S. Customs Service to

waive cash deposits on shipments of all

live swine from Canada entered, or

withdrawn from warehouse, for

consumption on or after the date of

publication of this notice. The cash

deposit rate is different than the

assessment rate because, as explained

above, we have taken into account

program-wide changes in calculating the

cash deposit rate (see Pasta from

Turkey).

This notice serves as a reminder to

parties subject to administrative

protective order (APO) of their

responsibility concerning the

disposition of proprietary information

disclosed under APO in accordance

with 19 CFR 355.34(d). Timely written

notification of return/destruction of

APO materials or conversion to judicial

protective order is hereby requested.

Failure to comply with the regulations

and the terms of an APO is a

sanctionable violation.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. 1675(a)(1)) and 19

CFR 355.22.

Dated: April 7, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 97–9551 Filed 4–11–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

Patent and Trademark Office

Grant of Certificate of Interim

Extension of the Term of U.S. Patent

No. 4,197,297; CORLOPAM

AGENCY: Patent and Trademark Office,

Commerce.

ACTION: Notice of Term Extension.

SUMMARY: The Patent and Trademark

Office has issued a certificate under 35

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

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

4,197,297 that claims the active

ingredient, fenoldopam mesylate, in the

human drug product ‘‘CORLOPAM’’

and methods of use of said active

ingredient.

FOR INFORMATION CONTACT: Karin Tyson

by telephone at (703) 305–9285; by mail

marked to her attention and addressed

to the Assistant Commissioner for

Patents, Box DAC, Washington, D.C.

20231; or by fax marked to her attention

at (703) 308–6916.

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 5 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.

Under section 156, a patent is eligible

for term extension only if regulatory

review of the claimed product was

completed before the original patent

term expired.

On December 3, 1993, section 156 was

amended by Pub. L. 103–179 to provide

that if the owner of record of the patent

or its agent reasonably expects the

applicable regulatory review period to

extend beyond the expiration of the

patent, the owner or its agent may

submit an application to the

Commissioner of Patents and

Trademarks for an interim extension of

the patent term. If the Commissioner

determines that, except for permission

to market or use the product

commercially, the patent would be

eligible for a statutory extension of the

patent term, the Commissioner shall

issue to the applicant a certificate of

interim extension for a period of not

more than one year.

On March 21, 1997, Neurex

Corporation, an agent of SmithKline

Beecham Corporation, the owner of

record of U.S. Patent No. 4,197,297,

filed an application under 35 U.S.C.

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

term of U.S. Patent No. 4,197,297. The

patent claims the active ingredient,

fenoldopam mesylate, in the human

drug product ‘‘CORLOPAM’’ and

methods of use of said active ingredient.

The application indicates, and the Food

and Drug Administration (FDA) has

confirmed, that the product is currently

undergoing a regulatory review under

section 505 of the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 355) before

the FDA for permission to market or use

the product commercially. The original

term of the patent expires on April 8,

1997.

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. Since it is apparent that the

regulatory review period may extend

beyond the date of expiration of the

patent, 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.

4,197,297 is granted for a period of one

year from the original expiration date of

the patent.

Dated: April 7, 1997.

Bruce A. Lehman,

Assistant Secretary of Commerce and

Commissioner of Patents and Trademarks.

[FR Doc. 97–9555 Filed 4–11–97; 8:45 am]

BILLING CODE 3510–16–P