4736 Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 

1See Memorandum to the File: Petitioners’ 

Representation of Domestic Industry (January 6, 

2009). 

protective order (‘‘APO’’) of their 

responsibility concerning the 

disposition of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305. Timely 

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 notice is issued and published in 

accordance with section 777(i)(1) of the 

Act, and 19 CFR 351.213(d)(4). 

Dated: January 21, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–1718 Filed 1–26–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–904] 

Certain Activated Carbon From the 

People’s Republic of China: Notice of 

Initiation and Preliminary Results of 

Changed Circumstances Review, and 

Intent To Revoke Order in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 27, 2009. 

SUMMARY: On December 15, 2008, the 

Department of Commerce 

(‘‘Department’’) received a request for a 

changed circumstances review and a 

request to revoke in part the 

antidumping duty order on certain 

activated carbon from the People’s 

Republic of China with respect to 

certain parts of fish tank filters which 

contain no more than 500 grams of 

activated carbon, or a combination of 

activated carbon and zeolite, and are 

fitted to work with specific filters. 

Petitioners submitted a letter to the 

Department expressing lack of interest 

in antidumping duty relief from the 

imports of certain parts of fish tank 

filters as described below. Therefore, we 

are notifying the public of our intent to 

revoke, in part, the antidumping duty 

order as it relates to import of certain 

fish tank filters as described below. The 

Department invites interested parties to 

comment on these preliminary results. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bertrand, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington DC. 20230; 

telephone (202) 482–3207. 

Background 

On April 27, 2007, the Department of 

Commerce (the ‘‘Department’’) 

published the antidumping duty order 

on certain activated carbon from the 

People’s Republic of China. See Notice 

of Antidumping Duty Order: Certain 

Activated Carbon from the People’s 

Republic of China, 72 FR 20988 (April 

27, 2007). On December 15, 2008, the 

Department received a request on behalf 

of Rolf C. Hagen (USA), Corp. (‘‘Hagen’’) 

for a changed circumstances review and 

a request to revoke in part the 

antidumping duty order on certain 

activated carbon from the People’s 

Republic of China with respect to 

certain parts of fish tank filters which 

contain no more than 500 grams of 

activated carbon, or a combination of 

activated carbon and zeolite, and fitted 

to work with specific filters. On 

December 17, 2008, Petitioners 1, Calgon 

Carbon Corporation and Norit 

Americans Inc. (collectively, 

‘‘Petitioners’’), submitted a response on 

the record and stated that they agree 

with Hagen’s request and agree with the 

specific proposed exclusion language 

from Hagen’s December 15, 2008, 

submission, as described below. 

Scope of the Order 

The merchandise subject to this order 

is certain activated carbon. Certain 

activated carbon is a powdered, 

granular, or pelletized carbon product 

obtained by ‘‘activating’’ with heat and 

steam various materials containing 

carbon, including but not limited to coal 

(including bituminous, lignite, and 

anthracite), wood, coconut shells, olive 

stones, and peat. The thermal and steam 

treatments remove organic materials and 

create an internal pore structure in the 

carbon material. The producer can also 

use carbon dioxide gas (CO2) in place of 

steam in this process. The vast majority 

of the internal porosity developed 

during the high temperature steam (or 

CO2 gas) activated process is a direct 

result of oxidation of a portion of the 

solid carbon atoms in the raw material, 

converting them into a gaseous form of 

carbon. 

The scope of this order covers all 

forms of activated carbon that are 

activated by steam or CO2, regardless of 

the raw material, grade, mixture, 

additives, further washing or postactivation chemical treatment (chemical 

or water washing, chemical 

impregnation or other treatment), or 

product form. Unless specifically 

excluded, the scope of this order covers 

all physical forms of certain activated 

carbon, including powdered activated 

carbon (‘‘PAC’’), granular activated 

carbon (‘‘GAC’’), and pelletized 

activated carbon. 

Excluded from the scope of the order 

are chemically activated carbons. The 

carbon-based raw material used in the 

chemical activation process is treated 

with a strong chemical agent, including 

but not limited to phosphoric acid, zinc 

chloride sulfuric acid or potassium 

hydroxide, that dehydrates molecules in 

the raw material, and results in the 

formation of water that is removed from 

the raw material by moderate heat 

treatment. The activated carbon created 

by chemical activation has internal 

porosity developed primarily due to the 

action of the chemical dehydration 

agent. Chemically activated carbons are 

typically used to activate raw materials 

with a lignocellulosic component such 

as cellulose, including wood, sawdust, 

paper mill waste and peat. 

To the extent that an imported 

activated carbon product is a blend of 

steam and chemically activated carbons, 

products containing 50 percent or more 

steam (or CO2 gas) activated carbons are 

within this scope, and those containing 

more than 50 percent chemically 

activated carbons are outside this scope. 

This exclusion language regarding 

blended material applies only to 

mixtures of steam and chemically 

activated carbons. 

Also excluded from the scope are 

reactivated carbons. Reactivated carbons 

are previously used activated carbons 

that have had adsorbed materials 

removed from their pore structure after 

use through the application of heat, 

steam and/or chemicals. 

Also excluded from the scope is 

activated carbon cloth. Activated carbon 

cloth is a woven textile fabric made of 

or containing activated carbon fibers. It 

is used in masks and filters and clothing 

of various types where a woven format 

is required. 

Any activated carbon meeting the 

physical description of subject 

merchandise provided above that is not 

expressly excluded from the scope is 

included within this scope. The 

products subject to the order are 

currently classifiable under the 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’) subheading 

3802.10.00. Although the HTSUS 

subheading is provided for convenience 

and customs purposes, the written 

description of the scope of this order is 

dispositive. 

mstockstill on PROD1PC66 with NOTICES6

Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / Notices 4737 

2See Memorandum to the File: Petitioners’ 

Representation of Domestic Industry (January 6, 

2009). 

Initiation and Preliminary Results of 

Changed Circumstances Review, and 

Intent To Revoke Order in Part 

At the request of Hagen, and with 

agreement by Petitioners, and in 

accordance with sections 751(d)(1) and 

751(b)(1) of the Tariff Act of 1930, as 

amended (the ‘‘Act’’) and 19 CFR 

351.216, the Department is initiating a 

changed circumstances review of certain 

activated carbon from the People’s 

Republic of China to determine whether 

partial revocation of the antidumping 

duty order is warranted with respect to 

certain parts of fish tank filters which 

contain no more than 500 grams of 

activated carbon, or a combination of 

activated carbon and zeolite, and are 

fitted to work with specific filters. 

Section 782(h)(2) of the Act and 19 CFR 

351.222(g)(1)(i) provide that the 

Department may revoke an order (in 

whole or in part) if it determines that 

producers accounting for substantially 

all of the production of the domestic 

like product have no further interest in 

the order, in whole or in part. In 

addition, in the event the Department 

determines that expedited action is 

warranted, 19 CFR 351.221(c)(3)(ii) 

permits the Department to combine the 

notices of initiation and preliminary 

results. 

In accordance with section 751(b) of 

the Act, and 19 CFR 351.222(g)(l)(i) and 

351.221(c)(3), we are initiating this 

changed circumstances review and have 

determined that expedited action is 

warranted. Based on information from 

the investigation placed on the record of 

this review 2, in accordance with 19 CFR 

351.222(g)(1)(i), we find Petitioners 

comprise substantially all of the 

production of the domestic like product. 

Petitioners have expressed a lack of 

interest in the order, in part, with 

respect to certain fish tank filters. 

Because this changed circumstances 

request was filed less than 24 months 

after the date of publication of notice of 

the final determination in an 

investigation, pursuant to 19 CFR 

351.216(c), the Department must 

determine whether good cause exists. 

We find that the Petitioners’ affirmative 

statement of no interest in the order 

with respect to certain parts of fish tank 

filters, which contain no more than 500 

grams of activated carbon, or a 

combination of activated carbon and 

zeolite, and are fitted to work with 

specific filters, constitutes good cause 

for the conduct of this review. Based on 

the expression of no interest by the 

Petitioners and absent any objection by 

any other domestic interested parties, 

we have preliminarily determined that 

the domestic producers of the like 

product have no interest in the 

continued application of the 

antidumping duty order on certain 

activated carbon to the merchandise that 

is subject to this request. Accordingly, 

we are notifying the public of our intent 

to revoke, in part, the antidumping duty 

order as it relates to imports of the 

certain parts of fish tank filters, which 

contain no more than 500 grams of 

activated carbon, or a combination of 

activated carbon and zeolite, and are 

fitted to work with specific filters, as 

described below. Therefore, we intend 

to change the scope of the order on 

certain activated carbon from the 

People’s Republic of China to include 

the following exclusion: 

Also excluded from the scope are 

molded plastic filter cartridges, woven 

textile filter pads and filter bags that 

contain not more than 500 grams of 

certain activated carbon alone, or a 

combined total of 500 grams of certain 

activated carbon and natural zeolite. 

Combinations of subject activated 

carbon and other materials are not 

subject to this exclusion. Molded plastic 

filter cartridges and woven textile filter 

pads subject to this exclusion must be 

packaged marked and ready for retail 

sales as ready-to-use aquarium filters 

and filter parts at the time of 

importation. Zeolite refers to a family of 

hydrous aluminum silicate minerals, 

whose molecules enclose cations of 

sodium, potassium, calcium, strontium 

or barium, used chiefly as molecular 

filters and ion-exchange agents. Some of 

the more common natural mineral 

zeolites include analcime, chabazite, 

heulandite, natroliote, phillipsite, and 

stilbite. Excluded filters cartridges, filter 

bags and woven filter bags are classified 

under subheading 8421.99.0040 of the 

HTSUS. 

Public Comment 

Interested parties are invited to 

comment on these preliminary results. 

Written comments may be submitted no 

later than 14 days after the date of 

publication of these preliminary results. 

Rebuttals to written comments, limited 

to issues raised in such comments, may 

be filed no later than 21 days after the 

date of publication. The Department 

will issue the final results of this 

changed circumstances review, which 

will include the results of its analysis 

raised in any such written comments, 

no later than 270 days after the date on 

which this review was initiated, or 

within 45 days if all parties agree to our 

preliminary results. See 19 CFR 

351.216(e). 

If final revocation occurs, we will 

instruct U.S. Customs and Border 

Protection to end the suspension of 

liquidation for the merchandise covered 

by the revocation on the effective date 

of the notice of revocation and to release 

any cash deposit or bond. See 19 CFR 

351.222(g)(4). The current requirement 

for a cash deposit of estimated 

antidumping duties on all subject 

merchandise will continue unless and 

until it is modified pursuant to the final 

results of this changed circumstances 

review. 

This initiation and preliminary results 

of review and notice are in accordance 

with sections 751(b) and 777(i) of the 

Act and 19 CFR 351.216, 351.221, and 

351.222. 

Dated: January 16, 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. E9–1584 Filed 1–26–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Submission for OMB Review; 

Comment Request 

The United States Patent and 

Trademark Office (USPTO) will submit 

to the Office of Management and Budget 

(OMB) for clearance the following 

proposal for collection of information 

under the provisions of the Paperwork 

Reduction Act (44 U.S.C. Chapter 35). 

Agency: United States Patent and 

Trademark Office (USPTO). 

Title: Rules for Patent Maintenance 

Fees. 

Form Number(s): PTO/SB/45/47/65/ 

66. 

Agency Approval Number: 0651– 

0016. 

Type of Request: Revision of a 

currently approved collection. 

Burden: 33,426 hours annually. 

Number of Respondents: 470,397 

responses per year. 

Avg. Hours per Response: The USPTO 

estimates that it will take the public 

approximately 20 seconds (0.006 hours) 

to eight hours to complete this 

information, depending on the form or 

petition. This includes time to gather 

the necessary information, prepare the 

form or petition, and submit the 

completed request. 

Needs and Uses: Under 35 U.S.C. 41 

and 37 CFR 1.20(e)–(i) and 1.362–1.378, 

the USPTO charges fees for maintaining 

in force all utility patents based on 

applications filed on or after December 

12, 1980. Payment of these maintenance 

mstockstill on PROD1PC66 with NOTICES6