Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 27987 

Web, EFS-Web Contingency Option will 

provide an Electronic 

Acknowledgement Receipt that 

establishes the date of receipt by the 

USPTO of an application or document 

submitted via EFS-Web Contingency 

Option. Applicant will not be required 

to, and should not, resubmit the 

application or document when the 

primary portal to EFS-Web is once again 

available. Any resubmission of an 

application will result in filing a 

duplicate application and, if applicant 

pays the filing fees again when 

submitting the duplicate application, no 

refund will be provided. 

Applications filed via EFS-Web 

Contingency Option are protected with 

the same level of security as EFS-Web 

for unregistered e-filers by using 

Transport Layer Security (TLS) to 

encrypt transmission over the Internet. 

Registered e-filers who have uploaded 

documents to a Saved Submission 

package in EFS-Web will not be able to 

access those Saved Submission 

documents in EFS-Web Contingency 

Option. Applicants can submit on-line 

fee payments by selecting fees on the fee 

calculation screen and completing their 

payment at time of submission (i.e., 

chose the ‘‘Yes! I want to pay now’’ 

button rather than ‘‘No—I will pay later’’ 

button). 

When the primary portal to EFS-Web 

is unavailable during an unscheduled 

outage, applicants may also file new 

applications, national stage submissions 

under 35 U.S.C. 371 submitted with the 

basic national fee necessary to enter the 

national stage, and reexamination 

requests, by hand-delivery to the 

USPTO, or ‘‘Express Mail’’ from the 

United States Postal Service (USPS) in 

accordance with 37 CFR 1.10, to 

establish the filing date or national stage 

entry date. See Legal Framework for 

Electronic Filing System—Web (EFSWeb), 74 FR 55200, 55204 (October 27, 

2009) (notice), and Revised Legal 

Framework for EFS-Web (http://

www.uspto.gov/patents/process/file/efs/ 

guidance/New_legal_framework.jsp) 

(Section C3). New applications, national 

stage submissions under 35 U.S.C. 371 

submitted with the basic national fee 

necessary to enter the national stage, 

and reexamination requests cannot be 

submitted by facsimile transmission, 

and certificate of mailing procedures 

under 37 CFR 1.8 do not apply to these 

items. 

The EFS-Web Contingency Option 

does not permit follow-on fee payments 

and follow-on documents other than 

those listed above. Applicants may file 

the documents or fee payments by: (1) 

Facsimile transmission, (2) first class 

mail with a certificate of mailing in 

accordance with 37 CFR 1.8, (3) handdelivery to the USPTO, or (4) ‘‘Express 

Mail’’ from USPS in accordance with 37 

CFR 1.10. Documents that are required 

to establish the filing date of an 

application (e.g., a missing drawing 

figure or page of the specification) 

cannot be submitted by facsimile 

transmission, and certificate of mailing 

procedures under 37 CFR 1.8 do not 

apply to these documents. 

II. Improperly Filed Follow-on 

Documents 

As previously stated, EFS-Web 

Contingency Option and EFS-Web for 

unregistered e-filers permit users to sign 

on as unregistered EFS-Web users to file 

new applications, national stage 

submissions under 35 U.S.C. 371 

submitted with the basic national fee 

necessary to enter the national stage, 

requests for reexamination and certain 

petitions. Unfortunately, EFS-Web 

Contingency and EFS-Web for 

unregistered e-filers have limited 

functionality, which do not permit users 

to file other follow-on documents and 

follow-on fee payments after the initial 

submission of the application or 

reexamination request (e.g., 

amendments and replies to Office 

actions). Accordingly, it will be 

improper for users to file follow-on 

documents as new applications. The 

USPTO will continue to provide 

answers to frequently asked questions, 

and other helpful information on the 

USPTO Web site. Users are encouraged 

to check the USPTO Web site for more 

information and contact the Patent 

Electronic Business Center for questions 

related to the usage of USPTO electronic 

systems. 

III. Additional Information Regarding 

National Stage Submissions 

The basic national fee is required in 

order for an international application to 

enter the national stage under 35 U.S.C. 

371. See 37 CFR 1.495. Users are 

permitted to submit the basic national 

fee with the national stage submission 

under 35 U.S.C. 371 via EFS-Web and 

EFS-Web Contingency Option using online payment screens that interface with 

the Revenue Accounting and 

Management (RAM) system. If the RAM 

system is unavailable, neither EFS-Web 

nor EFS-Web Contingency Option will 

permit users to make payment using the 

interactive payment screens. Applicant 

may pay the necessary national stage 

entry fees by including a written 

authorization to charge the desired fees 

together with the national stage 

submission under 35 U.S.C. 371, or 

sending the payment via ‘‘Express Mail’’ 

from the USPS in accordance with 37 

CFR 1.10 on the same date that the 

national stage submission is 

electronically filed. 

For any national stage submissions 

under 35 U.S.C. 371 filed via the EFSWeb or EFS-Web Contingency Option, 

the system automatically checks the 

Patent Application Locating and 

Monitoring (PALM) system to verify that 

no previous national stage submission 

has been made for the particular PCT 

international application referenced in 

the initial national stage submission. If 

the PALM system is unavailable, neither 

EFS-Web nor EFS-Web Contingency 

Option can complete the PALM 

verification, and thus EFS-Web and 

EFS-Web Contingency Option will not 

permit any national stage submissions 

under 35 U.S.C. 371 to be filed. 

Therefore, if PALM is unavailable, 

applicants may use hand-delivery or 

‘‘Express Mail’’ from the USPS in 

accordance with 37 CFR 1.10 to timely 

submit documents and fees for national 

stage entry. However, applicants may 

not file national stage submissions 

under 35 U.S.C. 371 and the basic 

national fee necessary to enter the 

national stage via facsimile 

transmission. See 37 CFR 1.6(d)(3) and 

1.8(a)(2)(i)(F). 

Dated: May 12, 2010. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2010–11906 Filed 5–18–10; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–580–810] 

Certain Welded Stainless Steel Pipes 

From the Republic of Korea: Final 

Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On January 7, 2010, the 

Department of Commerce (the 

Department) published the preliminary 

results of the administrative review of 

the antidumping duty order on certain 

welded stainless steel pipes (WSSP) 

from the Republic of Korea (Korea). This 

review covers one producer/exporter of 

the subject merchandise to the United 

States, SeAH Steel Corporation (SeAH). 

The period of review (POR) is December 

1, 2007, through November 30, 2008. 

Based on our analysis of the comments 

received, we have made certain changes 


jlentini on DSKJ8SOYB1PROD with NOTICES
27988 Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 

1The petitioners are Bristol Metals, LLC, Felker 

Brothers Corporation, Marcegaglia USA, Inc., and 

Outokumpu Stainless Pipe, Inc. 

in the margin calculations. Therefore, 

the final results differ from the 

preliminary results. The final weightedaverage dumping margin for the 

reviewed firm is listed below in the 

section entitled ‘‘Final Results of 

Review.’’ 

DATES: Effective Date: May 19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Holly Phelps, AD/CVD Operations, 

Office 2, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW., 

Washington, DC 20230; telephone (202) 

482–0656. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 7, 2010, the Department 

published in the Federal Register the 

preliminary results of administrative 

review of the antidumping duty order 

on WSSP from Korea. See Certain 

Welded Stainless Steel Pipes from the 

Republic of Korea: Preliminary Results 

of Antidumping Duty Administrative 

Review, 75 FR 973 (Jan. 7, 2010) 

(Preliminary Results). 

We invited parties to comment on our 

preliminary results. In February 2010, 

we received a case brief from SeAH. We 

did not receive a case brief or rebuttal 

brief from the petitioners.1 The 

Department has conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). 

Scope of the Order 

The merchandise subject to the 

antidumping duty order is welded 

austenitic stainless steel pipe that meets 

the standards and specifications set 

forth by the American Society for 

Testing and Materials (ASTM) for the 

welded form of chromium-nickel pipe 

designated ASTM A–312. The 

merchandise covered by the scope of the 

order also includes austenitic welded 

stainless steel pipes made according to 

the standards of other nations which are 

comparable to ASTM A–312. 

WSSP is produced by forming 

stainless steel flat-rolled products into a 

tubular configuration and welding along 

the seam. WSSP is a commodity product 

generally used as a conduit to transmit 

liquids or gases. Major applications for 

steel pipe include, but are not limited 

to, digester lines, blow lines, 

pharmaceutical lines, petrochemical 

stock lines, brewery process and 

transport lines, general food processing 

lines, automotive paint lines, and paper 

process machines. Imports of WSSP are 

currently classifiable under the 

following Harmonized Tariff Schedule 

of the United States (HTSUS) 

subheadings: 7306.40.5005, 

7306.40.5015, 7306.40.5040, 

7306.40.5065, and 7306.40.5085. 

Although these subheadings include 

both pipes and tubes, the scope of the 

antidumping duty order is limited to 

welded austenitic stainless steel pipes. 

The HTSUS subheadings are provided 

for convenience and customs purposes. 

However, the written description of the 

scope of the order is dispositive. 

Period of Review 

The POR is December 1, 2007, 

through November 30, 2008. 

Cost of Production 

As discussed in the preliminary 

results, we conducted an investigation 

to determine whether SeAH made home 

market sales of the foreign like product 

during the POR at prices below their 

costs of production (COP) within the 

meaning of section 773(b) of the Act. 

See Preliminary Results, 75 FR at 976. 

For these final results, we performed the 

cost test following the same 

methodology as in the Preliminary 

Results. 

We found that 20 percent or more of 

SeAH’s sales of a given product during 

the reporting period were at prices less 

than the weighted-average COP for this 

period. Thus, we determined that these 

below-cost sales were made in 

‘‘substantial quantities’’ within an 

extended period of time and at prices 

which did not permit the recovery of all 

costs within a reasonable period of time 

in the normal course of trade. See 

sections 773(b)(1)–(2) of the Act. 

Therefore, for purposes of these final 

results, we found that SeAH made 

below-cost sales not in the ordinary 

course of trade. Consequently, we 

disregarded these sales for SeAH and 

used the remaining sales as the basis for 

determining normal value pursuant to 

section 773(b)(1) of the Act. 

Analysis of Comments Received 

All issues raised in the case brief by 

SeAH are listed in the Appendix to this 

notice and addressed in the Issues and 

Decision Memorandum (the Decision 

Memo), which is adopted by this notice. 

Parties can find a complete discussion 

of all issues raised in this review and 

the corresponding recommendations in 

this public memorandum, which is on 

file in the Central Records Unit, room 

1117, of the main Department building. 

In addition, a complete version of the 

Decision Memo can be accessed directly 

on the Web at http://ia.ita.doc.gov/frn/. 

The paper copy and electronic version 

of the Decision Memo are identical in 

content. 

Changes Since the Preliminary Results 

Based on our analysis of the 

comments received, we have made 

certain changes to the margin 

calculations. These changes are 

discussed in the relevant sections of the 

Decision Memo. 

Final Results of Review 

We determine that the following 

weighted-average margin percentage 

exists for the period December 1, 2007 

through November 30, 2008: 

Manufacturer/Producer/Exporter Percent 

margin 

SeAH Steel Corporation ........... 2.92 

Assessment 

The Department shall determine, and 

the U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. The 

Department intends to issue assessment 

instructions to CBP 15 days after the 

date of publication of these final results 

of review. 

Pursuant to 19 CFR 351.212(b)(1), we 

calculated importer-specific ad valorem 

duty assessment rates for SeAH based 

on the ratio of the total amount of 

antidumping duties calculated for the 

examined sales to the total entered 

value of those sales. Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate without regard to antidumping 

duties any entries for which the 

assessment rate is de minimis (i.e., less 

than 0.50 percent). 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). This 

clarification will apply to entries of 

subject merchandise during the POR 

produced by SeAH for which SeAH did 

not know its merchandise was destined 

for the United States. In such instances, 

we will instruct CBP to liquidate 

unreviewed entries at the all-others rate 

established in the less-than-fair-value 

(LTFV) investigation if there is no rate 

for the intermediate company(ies) 

involved in the transaction. 

Cash Deposit Requirements 

Further, the following deposit 

requirements will be effective for all 

shipments of WSSP from Korea entered, 

or withdrawn from warehouse, for 

consumption on or after the publication 

date of the final results of this 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 96 / Wednesday, May 19, 2010 / Notices 27989 

administrative review, as provided for 

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

The cash deposit rate for the reviewed 

company will be the rate shown above, 

except if the rate is less than 0.50 

percent, de minimis within the meaning 

of 19 CFR 351.106(c)(1), the cash 

deposit will be zero; (2) for previously 

investigated companies not listed above, 

the cash deposit rate will continue to be 

the company-specific rate published for 

the most recent period of review; (3) if 

the exporter is not a firm covered in this 

review, or the LTFV investigation, but 

the manufacturer is, the cash deposit 

rate will be the rate established for the 

most recent period for the manufacturer 

of the merchandise; and (4) the cash 

deposit rate for all other manufacturers 

or exporters will continue to be 7.00 

percent, the all-others rate made 

effective by the LTFV investigation. See 

Antidumping Duty Order and 

Clarification of Final Determination: 

Certain Welded Stainless Steel Pipes 

From Korea, 57 FR 62301 (Dec. 30, 

1992), as amended in Notice of 

Amended Final Determination and 

Antidumping Duty Order: Certain 

Welded Stainless Steel Pipe From the 

Republic of Korea, 60 FR 10064, 10065 

(Feb. 23, 1995). These deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice serves as a final 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 the Secretary’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of double antidumping 

duties. 

Notification to Interested Parties 

This notice serves as the only 

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 351.305(a)(3). 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. 

We are issuing and publishing these 

results of review in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act. 

Dated: May 13, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix—Issues in Decision 

Memorandum 

General Issues 

1. Offsetting of Negative Margins. 

2. Inclusion of Inventory Valuation 

Allowances in Cost of Production. 

3. Application of the Major Input Rule. 

[FR Doc. 2010–11985 Filed 5–18–10; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW48 

North Pacific Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The North Pacific Fishery 

Management Council (Council) and its 

advisory committees will hold public 

meetings in Sitka, AK. 

DATES: The meetings will be held June 

7 through June 15, 2010. The Council 

will begin its plenary session at 8 a.m. 

on Wednesday, June 9 continuing 

through Tuesday, June 15. The 

Council’s Advisory Panel (AP) will 

begin at 8 a.m., Wednesday, June 7 and 

continue through Saturday June 12. The 

Scientific and Statistical Committee 

(SSC) will begin at 8 a.m. on Monday, 

June 7 and continue through 

Wednesday, June 9, 2010. The 

Enforcement Committee will meet 

Wednesday, June 8 from 1 p.m. to 5 

p.m. at the Westmark Hotel, 330 Seward 

Street, Room ????, Sitka, AK. All 

meetings are open to the public, except 

executive sessions. 

ADDRESSES: The meetings will be held at 

Harrigan Centennial Hall, 330 Harbor 

Drive, Sitka, AK. The Enforcement 

Committee meeting will be held at the 

Westmark Hotel, 330 Seward Street, 

Sitka, AK. 

Council address: North Pacific 

Fishery Management Council, 605 W. 

4th Avenue, Suite 306, Anchorage, AK 

99501–2252. 

FOR FURTHER INFORMATION CONTACT: 

David Witherell, Council staff; 

telephone: (907) 271–2809. 

SUPPLEMENTARY INFORMATION: Council 

Plenary Session: The agenda for the 

Council’s plenary session will include 

the following issues. The Council may 

take appropriate action on any of the 

issues identified. 

Reports: 

1. Executive Director’s Report 

NMFS Management Report (including 

review of Amendment 91 proposed rule) 

ADF&G Report 

NOAA Enforcement Report 

U.S. Coast Guard Report 

U.S. Fish & Wildlife Service Report 

Protected Species Report 

2. Bering Sea Aleutian Island (BSAI) 

Chum Salmon Bycatch: receive update 

on outreach initiatives; review 

discussion paper and finalize 

alternatives for analysis; update on 

chum and Chinook salmon genetics 

research and sampling. 

3. BSA Crab Annual Catch Limits 

(ACLs) and Rebuilding Plans: Initial 

review of analysis to establish ACLs and 

rebuild snow crab; approve Crab Stock 

Assessment Fishery Evaluation (SAFE)/ 

Over Fishing Levels (OFLs) as 

necessary; review Prohibited Species 

Catch (PSC). 

4. Scallop ACLs: Initial review of 

analysis to establish scallop ACLs. 

5. Observer Program Restructuring: 

Initial review of analysis on program 

restructuring; receive report from 

Observer Committee. 

6. Central Gulf of Alaska (GOA) 

Rockfish program: Final action on 

CGOA Catch Share Program. 

7. Amendment 80 Program: Receive 

report on Groundfish Retention 

Standards (GRS) program. Final action 

on amendment for lost vessels 

replacement. 

8. Groundfish Management: Initial 

review of analysis for GOA Pacific cod 

sideboards for crab vessels; initial 

review of analysis to adjust Maximum 

Retainable Amount (MRAs) in BSAI 

arrowtooth fishery. 

9. Miscellaneous Issues: Review 

preliminary discussion paper on GOA 

halibut PSC; receive briefing on Alaska 

MPAs and fishery overlap; review 

Pacific cod assessment model run 

proposals (SSC only); review Council 

request for Tier 6 Working Group (SSC 

only); American Fisheries Act (AFA) 

preliminary report removal - initial/final 

action. 

10. Staff Tasking: Review Committees 

and tasking. 

11. Other Business 

The SSC agenda will include the 

following issues: 

1. Crab ACLs/Rebuilding 

2. Crab SAFE 

3. Scallop ACLs 

4. Observer Program 

5. Groundfish Management 


jlentini on DSKJ8SOYB1PROD with NOTICES