Notices. Notice of final determination of sales at less than fair value

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BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE International Trade Administration [A-791-819] Notice of Final Determination of Sales at Less Than Fair Value: Certain Aluminum Plate From South Africa AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of final determination of sales at less than fair value. SUMMARY: On May 21, 2004, the Department of Commerce published its preliminary determination of sales at less than fair value of certain aluminum plate from South Africa.

The period of investigation is October 1, 2002, through September 30, 2003. Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the final determination differs from the preliminary determination. The final weighted-average dumping margin for the investigated company is listed below in the section entitled “Final Determination Margins.” EFFECTIVE DATE: October 12, 2004. FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, AD/CVD Enforcement Office 2, Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-4007 or

(202)482-4929, respectively. SUPPLEMENTARY INFORMATION: Final Determination We determine that certain aluminum plate from South Africa is being, or is likely to be, sold in the United States at less-than-fair-value (LTFV), as provided in section 735 of the Act. Case History The preliminary determination in this investigation was published on May 21, 2004. *See Notice of Preliminary Determination of Sales at Less Than Fair Value: Certain Aluminum Plate from South Africa,* 69 FR 29262 ( *Preliminary Determination* ). During the period May 24—27 and June 7—11, 2004, we conducted the sales and cost verifications, respectively, of the questionnaire responses of Hulett Aluminium

(Pty)Ltd. (Hulett), the sole respondent in this case. On June 3, 2004, we postponed the final determination until October 4, 2004. *See Notice of Postponement of Final Antidumping Duty Determination: Certain Aluminum Plate from South Africa,* 69 FR 31346. On June 21, 2004, the petitioner, Alcoa Inc., requested a hearing. We received case and rebuttal briefs on July 28, 2004, and August 10, 2004, respectively, from the petitioner and Hulett. On August 23, 2004, the petitioner withdrew its request for a hearing. Scope of Investigation The merchandise covered by this investigation is 6000 series aluminum alloy, flat surface, rolled plate, whether in coils or cut-to-length forms, that is rectangular in cross section with or without rounded corners and with a thickness of not less than .250 inches (6.3 millimeters). 6000 Series Aluminum Rolled Plate is defined by the Aluminum Association, Inc. Excluded from the scope of this investigation are extruded aluminum products and tread plate. The merchandise subject to this investigation is currently classifiable under subheading 7606.12.3030 of the *Harmonized Tariff Schedule of the United States* (HTS). Although the HTS subheading is provided for convenience and customs purposes, our written description of the scope of this investigation is dispositive. Period of Investigation The period of investigation is October 1, 2002, through September 30, 2003. Analysis of Comments Received All issues raised in the case briefs by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the “Issues and Decision Memorandum” (Decision Memorandum) from Gary Taverman, Acting Deputy Assistant Secretary for Import Administration, to Jeffrey May, Acting Assistant Secretary for Import Administration, dated October 4, 2004, which is adopted by this notice. Parties can find a complete discussion of the issues raised in this investigation and the corresponding recommendations in this public memorandum, which is on file in the Central Records Unit, room B-099 of the main Commerce Building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at *http://ia.ita.doc.gov/frn/index.html* . The paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we have made certain changes to the margin calculations. For a discussion of these changes, *see* the “Margin Calculations” section of the Decision Memorandum. Verification As provided in section 782(i) of the Act, we verified the information submitted by the respondent for use in our final determination. We used standard verification procedures including examination of relevant accounting and production records, and original source documents provided by the respondent. Final Determination Margins The weighted-average dumping margins are as follows: Manufacturer/exporter Margin (percent) Hulett Aluminium

(Pty)Ltd. 3.51 All Others 3.51 In accordance with section 735(c)(5)(A), we have based the “all others” rate on the dumping margin found for the producer/exporter investigated in this proceeding, Hulett. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, we are directing U.S. Customs and Border Protection

(CBP)to continue to suspend liquidation of all entries of certain aluminum plate from South Africa that are entered, or withdrawn from warehouse, for consumption on or after May 21, 2004, the publication date of the preliminary determination in the **Federal Register** . CBP shall continue to require a cash deposit or the posting of a bond based on the estimated weighted-average dumping margin shown above. The suspension of liquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission

(ITC)of our determination. As our final determination is affirmative, the ITC will determine within 45 days whether these imports are causing material injury, or threat of material injury, to an industry in the United States. If the ITC determines that material injury or threat of injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP officials to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. 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 this determination and notice in accordance with sections 735(d) and 777(i) of the Act. Dated: October 4, 2004. Jeffrey May, Acting Assistant Secretary for Import Administration. Appendix—Issues in the Decision Memorandum Comments Comment 1: Decline of the U.S. Dollar Against the South African Rand. Comment 2: Offsets for Non-Dumped Comparisons. Comment 3: SACD Storage Fee. [FR Doc. E4-2573 Filed 10-8-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-337-806] Individually Quick Frozen Red Raspberries From Chile; Extension of Time Limit for the Final Results of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of extension of time limit. SUMMARY: The Department of Commerce is extending the time limit for the final results of the administrative review of the antidumping duty order on individually quick frozen red raspberries from Chile. The period of review is December 31, 2001, through June 30, 2003. This extension is made pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act. EFFECTIVE DATE: October 12, 2004. FOR FURTHER INFORMATION CONTACT: Cole Kyle or Yasmin Bordas, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; at telephone

(202)482-1503 and

(202)482-3813, respectively. Background On August 6, 2004, the Department of Commerce (“the Department”) published the preliminary results of the administrative review of the antidumping duty order on individually quick frozen red raspberries from Chile covering the period December 31, 2001, through June 30, 2003 (69 FR 47869). The final results for the antidumping duty administrative review of individually quick frozen red raspberries from Chile are currently due no later than December 6, 2004. Extension of Time Limits for Final Results Section 751(a)(3)(A) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act (“the Act”), requires the Department to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an antidumping duty order for which a review is requested and issue the final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. The Department recently received case briefs from the parties involved in this administrative review. The written arguments submitted in the case briefs include complicated issues involving the Department's cost of production methodologies in this case. It is not practicable to complete this review within the originally anticipated time limit ( *i.e.* , by December 6, 2004), because we need additional time to analyze the written arguments. Therefore, the Department is extending the time limit for completion of the final results to no later than February 2, 2005, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: October 5, 2004. Jeffrey May, Deputy Assistant Secretary for Import Administration. [FR Doc. E4-2574 Filed 10-8-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-867] Certain Automotive Replacement Glass Windshields From the People's Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 27, 2004, in response to timely requests from respondents subject to the order on certain automotive replacement glass (“ARG”) windshields from the People's Republic of China (“PRC”), in accordance with section 751(a) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“Department”) published in the **Federal Register** a notice of initiation of this antidumping duty administrative review of sales by certain exporters/producers. See *Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part,* 69 FR 30282 (May 27, 2004) (“ *Initiation Notice* ”). Because Dongguan Kongwan Automobile Glass, Ltd. (“Dongguan Kongwan”), Peaceful City, Ltd. (“Peaceful City”), and Fuyao Glass Industry Group Company, Ltd. (“Fuyao”) have withdrawn their requests for administrative review and the petitioners did not request an administrative review of these exporters, the Department is rescinding this review of sales by Dongguan Kongwan, Peaceful City, and Fuyao in accordance with 19 CFR 351.213(d)(1). The Department is now publishing its determination to rescind the review of sales of subject merchandise by Dongguan Kongwan, Peaceful City, and Fuyao for the period of review. EFFECTIVE DATE: October 12, 2004. FOR FURTHER INFORMATION CONTACT: Robert Bolling or Jon Freed, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone:

(202)482-3434,

(202)482-3818, respectively. SUPPLEMENTARY INFORMATION: Background On April 4, 2002, the Department published in the **Federal Register** the antidumping duty order on ARG windshields from PRC. See *Antidumping Duty Order: Automotive Replacement Glass Windshields From the People's Republic of China,* 67 FR 16087 (April 4, 2002). On April 1, 2004, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on ARG windshields from the PRC for the period April 1, 2003, through March 31, 2004. See *Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review,* 69 FR 17129 (April 1, 2004). On April 24, 2004, Dongguan Kongwan and Peaceful City requested an administrative review of its sales to the United States during the period of review (“POR”). On April 26, 2004, Fuyao requested an administrative review of its sales to the United States during the POR. The petitioners in the original investigation did not request an administrative review of any parties. On May 27, 2004, the Department published in the **Federal Register** a notice of the initiation of the antidumping duty administrative review of ARG from the PRC for the period April 1, 2003 through March 31, 2004. See *Initiation Notice.* On June 14, 2003, the Department issued antidumping duty questionnaires to the respondents, including Dongguan Kongwan, Peaceful City, and Fuyao. On July 8, 2004, Fuyao submitted a letter to the Department withdrawing its request for an administrative review of sales and entries of subject merchandise it exported. On July 12, 2004, Dongguan Kongwan and Peaceful City submitted a letter to the Department withdrawing their requests for an administrative review of sales and entries of subject merchandise which they exported. Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of requested review. Dongguan Kongwan, Peaceful City, and Fuyao withdrew their respective requests for review within the 90-day time limit and no other party requested reviews with respect to these companies. Accordingly, we are rescinding this administrative review as to those companies and will issue appropriate assessment instructions to the U.S. Bureau of Customs and Border Protection with respect to exports from Dongguan Kongwan, Peaceful City, and Fuyao for the period April 1, 2003, through March 31, 2004. The Department will continue its review of other exporters/producers as announced in the *Initiation Notice.* See 69 FR 30282. 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 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of APO is a sanctionable violation. This determination is issued in accordance with 19 CFR 351.213(d)(4) and section 777(i)(1) of the Act. Dated: September 29, 2004. Jeffrey A. May, Deputy Assistant Secretary for Import Administration. [FR Doc. E4-2567 Filed 10-8-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-423-808, A-475-822, A-580-831] Stainless Steel Plate in Coils From Belgium, Italy, and the Republic of Korea; Extension of Final Results of Expedited Sunset Reviews AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of extension of time limit for final results of expedited sunset reviews: stainless steel plate in coils from Belgium, Italy, and the Republic of Korea. SUMMARY: The Department of Commerce (“the Department”) is extending the time limit for its final results in the expedited sunset reviews of the antidumping duty orders on stainless steel plate in coils from Belgium, Italy, and the Republic of Korea. Based on adequate responses from the domestic interested parties and inadequate responses from respondent interested parties, the Department is conducting expedited sunset reviews to determine whether revocation of the antidumping duty orders would lead to the continuation or recurrence of dumping. As a result of this extension, the Department intends to issue final results of these sunset reviews on or about October 15, 2004. EFFECTIVE DATE: October 12, 2004. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-4340. Extension of Final Results On April 1, 2004, the Department published its notice of initiation of sunset reviews of the antidumping duty orders on stainless steel plate in coils from Belgium, Italy, and the Republic of Korea. *See Initiation of Five-Year (Sunset) Reviews,* 69 FR 17129 (April 1, 2004). The Department determined that it would conduct expedited sunset reviews of these antidumping duty orders based on responses from the domestic interested parties and no responses from the respondent interested parties to the notice of initiation. The Department's final results of these reviews were scheduled for July 30, 2004 and extended to August 30, 2004. The Department, however, needs additional time to consider issues related to the appropriate margin(s) of dumping likely to prevail if the orders are revoked. Therefore, the Department intends to issue the final results on or about October 15, 2004, in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended. Dated: September 29, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-2568 Filed 10-8-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [A-428-825, A-475-824, A-588-845, A-580-834, C-580-835, A-583-831, A-412-818] Stainless Steel Sheet and Strip in Coils From Germany, Italy, Japan, Korea, Taiwan and the United Kingdom; Extension of Time Limit for the Final Results of Sunset Reviews of Antidumping and Countervailing Duty Orders AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of extension of time limit for the final results of sunset reviews of antidumping and countervailing duty orders: Stainless steel sheet and strip in coils from Germany, Italy, Japan, Korea, Taiwan and the United Kingdom. SUMMARY: The Department of Commerce (“the Department”) is extending the time limit for its final results in the sunset reviews of the antidumping duty orders on stainless steel sheet and strip in coils (“SSSS”) from Germany, Italy, Japan, Korea, Taiwan and the United Kingdom, and the countervailing duty order on SSSS from Korea. The Department intends to issue final results of these sunset reviews on or about November 15, 2004. EFFECTIVE DATE: October 12, 2004. FOR FURTHER INFORMATION CONTACT: Martha Douthit or Hilary Sadler, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; telephone:

(202)482-5050. Extension of Final Results of Reviews On June 1, 2004, the Department initiated sunset reviews of the antidumping duty orders on SSSS from Germany, Italy, Japan, Korea, Taiwan and the United Kingdom, and the countervailing duty order on SSSS from Korea. *See Initiation of Five-Year (Sunset) Reviews,* 69 FR 30874 (June 1, 2004). The Department, in these proceedings, determined that it would conduct expedited sunset reviews of these orders based on inadequate responses to the notice of initiation from respondent interested parties. The Department's final results of these reviews were scheduled for September 29, 2004. The Department, however, needs additional time to: Consider issues related to the appropriate margin(s) of dumping likely to prevail if the order is revoked which the Department will provide to the International Trade Commission, with respect to the antidumping duty orders on SSSS from Germany, Italy, Korea, Taiwan and the United Kingdom; take into account the large number of companies, with respect to the antidumping order on SSSS from Japan; and address the large number of issues and companies, with respect to the countervailing duty order on SSSS from Korea. Thus, the Department intends to issue the final results on or about November 15, 2004, in accordance with sections 751(c)(5)(B) and 751(c)(5)(C)(i),

(ii)and

(iii)of the Tariff Act of 1930, as amended. Dated: September 29, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-2564 Filed 10-8-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE International Trade Administration [C-351-829] Agreement Suspending the Countervailing Duty Investigation on Hot-Rolled Flat-Rolled Carbon-Quality Steel From Brazil; Correction to the Notice of Termination of Suspension Agreement and Notice of Countervailing Duty Order AGENCY: Import Administration, International Trade Administration, Department of Commerce. ACTION: Correction to notice of termination and notice of countervailing duty order. EFFECTIVE DATE: October 12, 2004. FOR FURTHER INFORMATION CONTACT: Sally Gannon or Jonathan Herzog, Office of Policy and Negotiations, Bilateral Agreements Unit, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone

(202)482-0162 or

(202)482-4271, respectively. Background On September 17, 2004, the Department of Commerce (“the Department”) published in the **Federal Register** notice of the termination of the Agreement Suspending the Countervailing Duty Investigation on Hot-Rolled Flat-Rolled Carbon-Quality Steel from Brazil and notice of countervailing duty order. *See Agreement Suspending the Countervailing Duty Investigation on Hot-Rolled Flat-Rolled Carbon-Quality Steel from Brazil; Termination of Suspension Agreement and Notice of Countervailing Duty Order,* 69 FR 56040 (September 17, 2004) (“ *Termination Notice* ”). In the *Termination Notice,* the Department inadvertently listed separate countervailing duty *ad valorem* rates for Usinas Siderurgicas de Minas Gerais, S.A. (“USIMINAS”) and Companhia Siderurgic Paulista (“COSIPA”). *See Termination Notice,* 69 FR at 56043. However, in the final determination of the underlying countervailing duty investigation, the Department determined USIMINAS and COSIPA to be affiliated under section 771(33)(E) of the Tariff Act of 1930, as amended (“the Act”), and calculated a single countervailing duty rate for both companies ( *e.g.* , USIMINAS/COSIPA). *See Final Affirmative Countervailing Duty Determination: Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From Brazil,* 64 FR 38742, 38744 & 38755 (July 19, 1999). Therefore, the final countervailing duty *ad valorem* rate and cash deposit rate for USIMINAS/COSIPA is as follows: Manufacturer/exporter Net subsidy rate percent USIMINAS/COSIPA 9.67 This notice is published in accordance with sections 704(i) and 777(i) of the Act. This order is published in accordance with section 706(a) of the Act. Dated: September 28, 2004. James J. Jochum, Assistant Secretary for Import Administration. [FR Doc. E4-2565 Filed 10-8-04; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE Patent and Trademark Office Recording Assignments ACTION: Proposed collection; comment request. SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before December 13, 2004. ADDRESSES: You may submit comments by any of the following methods: • E-mail: *Susan.Brown@uspto.gov.* Include “0651-0027 comment” in the subject line of the message. • Fax: 703-308-7407, marked to the attention of Susan Brown. • Mail: Susan K. Brown, Records Officer, Office of the Chief Information Officer, Office of Data Architecture and Services, Data Administration Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Joyce R. Johnson, Manager, Assignment Division, Mail Stop 1450, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at

(703)308-9706; or by e-mail at Joyce.Johnson@uspto.gov. SUPPLEMENTARY INFORMATION I. Abstract This collection of information is required by 35 U.S.C. 261 and 262 for patents and 15 U.S.C. 1057 and 1060 of the Trademark Act of 1946 for trademarks. These statutes permit the United States Patent and Trademark Office (USPTO) to record patent and trademark assignment documents, including transfers of properties ( *i.e.* patents and trademarks), liens, licenses, assignments of interest, security interests, mergers, and explanations of transactions or other documents that record the transfer of ownership of a particular patent or trademark property from one party to another. Assignments are recorded for applications, patents, and trademark registrations. The USPTO administers these statutes through 37 CFR part 3 (3.1-3.85) for patents and trademarks, and also 37 CFR 2.146 and 2.171 for trademarks. These rules permit the public, corporations, other federal agencies, and Government-owned or Government-controlled corporations to submit patent and trademark assignment documents and other documents related to title transfers to the USPTO to be recorded. In accordance with 37 CFR 3.54, the recording of an assignment document by the USPTO is an administrative action and not a determination of the validity of the document or of the effect that the document has on the title to an application, patent, or trademark. Once the assignment documents are recorded, they are available for public inspection. The only exceptions are those documents that are sealed under secrecy orders according to 37 CFR 3.58 or related to unpublished patent applications maintained in confidence under 35 U.S.C. 122. The public uses these records to conduct ownership and chain-of-title searches. The public may view these records either at the USPTO or at the National Archives and Records Administration, depending on the date they were recorded. The public may also search patent and trademark assignment information online through the USPTO Web site at *http://www.uspto.gov.* In order to assist the public in submitting assignment documents for recording, the USPTO developed patent and trademark assignment cover sheets that capture all of the necessary data for accurately recording various assignment documents. To record an assignment, the respondent must submit an appropriate cover sheet along with the assignment documents to be recorded. The USPTO provides two paper forms for this purpose, the Patent Recordation Form Cover Sheet (PTO-1595) and the Trademark Recordation Form Cover Sheet (PTO-1594). Customers may file patent assignment recordation requests electronically using the Electronic Filing System

(EFS)software developed by the USPTO for secure transmission of patent applications and related documents over the internet. Customers who submit patent assignment recordation requests through EFS must complete the electronic transmittal forms provided within the electronic submission software. Patent assignment recordation requests that are prepared using the EFS software but are too large (over 100 megabytes) to be submitted over the internet may be copied onto a recordable compact disc

(CD)and then mailed to the USPTO. The costs for submitting oversized electronic patent assignment recordation requests on CD were noted in the previous renewal of this collection, and these CD submissions are now being listed as a separate information requirement for the current renewal. Customers may also submit assignments online by using the Electronic Patent Assignment System

(EPAS)and the Electronic Trademark Assignment System (ETAS), which are available through the USPTO Web site. EPAS and ETAS are new systems developed by the USPTO that allow customers to fill out the required cover sheet information online using web-based forms and then attach the assignment documents to be submitted over the internet for recordation. These web-based forms for EPAS and ETAS submissions are being added to this collection. This collection was previously approved by OMB in June 2002. In September 2002, OMB approved a change worksheet that reduced the burden estimates due to the USPTO receiving fewer assignment filings than expected. In September 2003, OMB approved another change worksheet that further reduced the burden estimates for this collection due to an overall decrease in assignment filings, although the percentage of electronic filings increased. II. Method of Collection By mail, facsimile, hand delivery, or electronically over the internet to the USPTO. III. Data *OMB Number:* 0651-0027. *Form Number(s):* PTO-1594 and PTO-1595. *Type of Review:* Revision of a currently approved collection. *Affected Public:* Individuals or households; businesses or other for-profits; not-for-profit institutions; farms; the Federal Government; and state, local or tribal governments. *Estimated Number of Respondents:* 331,294 responses per year. *Estimated Time Per Response:* The USPTO estimates that it will take the public approximately 30 minutes (0.5 hours) to complete the Trademark Recordation Form Cover Sheet (PTO-1594) and the Patent Recordation Form Cover Sheet (PTO-1595), to file an electronic patent assignment recordation request using EFS, to submit a patent assignment recordation request on CD, or to submit a patent or trademark assignment recordation request online using EPAS or ETAS. These estimates include the time to gather the necessary information, prepare the form, and submit the completed request. *Estimated Total Annual Respondent Burden Hours:* 165,648 hours per year. *Estimated Total Annual Respondent Cost Burden:* $30,479,232 per year. The USPTO expects that the information in this collection will be prepared by both attorneys and paralegals. The estimated rate of $184 per hour used in this collection is an average of the paraprofessional rate of $81 per hour and the professional rate of $286 per hour for associate attorneys in private firms. Using the average rate of $184 per hour, the USPTO estimates that the respondent cost burden for submitting the information in this collection will be $30,479,232 per year. Item Form number Estimated time for response Estimated annual responses Estimated annual burden hours Patent Recordation Form Cover Sheet PTO-1595 30 minutes 277,098 138,549 Trademark Recordation Form Cover Sheet PTO-1594 30 minutes 18,908 9,454 Electronic Patent Assignment Recordation Request

(EFS)None 30 minutes 5,651 2,826 Patent Assignment Recordation Request

(CD)None 30 minutes 10 5 Electronic Patent Assignment System

(EPAS)PTO-1595 30 minutes 18,636 9,318 Electronic Trademark Assignment System

(ETAS)PTO-1594 30 minutes 10,991 5,496 Totals 331,294 165,648 *Estimated Total Annual Non-hour Respondent Cost Burden:* $23,165,071 per year. There are no maintenance costs associated with this information collection. However, this collection does have annual (non-hour) costs in the form of capital start-up costs, recordkeeping costs, filing fees, and postage costs. This collection has capital start-up and recordkeeping costs associated with submitting patent assignment recordation requests on CD. Electronic patent assignment requests that exceed 100 megabytes cannot be transmitted to the USPTO over the internet and instead may be transferred onto a CD for submission. This process requires additional supplies, including blank recordable CD media, CD labels, and padded envelopes for shipping. The USPTO estimates that the cost of these supplies will be approximately $5 per CD submission. The USPTO estimates that it will receive approximately 10 CD submissions per year, for a total of $50 in capital start-up costs for this collection. The USPTO advises customers who submit oversized patent assignment requests on CD to retain a back-up copy of the CD and transmittal documentation for their records. The USPTO estimates that it will take an additional 5 minutes for the customer to produce a back-up CD copy and 2 minutes to print the transmittal documentation, for a total of 7 minutes (0.12 hours) for each CD submission. The USPTO estimates that it will receive 10 CD submissions per year, for a total of approximately 1 hour per year for producing the back-up CD copies and documentation. The USPTO expects that these back-up copies will be prepared by paraprofessionals with an estimated rate of $81 per hour, for a recordkeeping cost of $81 per year for the CD submissions. There are also recordkeeping costs associated with submitting assignment documents electronically over the internet using EFS, EPAS, and ETAS. The USPTO recommends that customers print and retain a copy of the acknowledgment receipt that appears on the screen after a successful submission. Customers will also receive an electronic copy of this receipt. The USPTO estimates that it will take 5 seconds (0.001 hours) to print a copy of the acknowledgment receipt and that approximately 35,278 submissions per year will be completed via EFS, EPAS, and ETAS, for a total of approximately 35 hours per year for printing this receipt. The USPTO expects that these receipts will be printed by paraprofessionals at an estimated rate of $81 per hour, for a recordkeeping cost of $2,835 per year for printing the acknowledgment receipts. Therefore, this collection has a total recordkeeping cost of $2,916. This collection has filing fees associated with submitting patent and trademark assignment documents to be recorded. The filing fees for recording patent and trademark assignments are the same for both paper and electronic submissions. However, the filing cost for recording patent or trademark assignments varies according to the number of properties involved in each submission. The filing fee for submitting a trademark assignment as indicated by 37 CFR 2.6(b)(6) is $40 for recording the first property in a document and $25 for each additional property in the same document. The USPTO estimates that the average trademark assignment filing has one property plus five additional properties, for an average filing cost of $165 for a trademark assignment submission. The filing fee for submitting a patent assignment as indicated by 37 CFR 1.21(h) is $40 for recording each property in a document. The USPTO estimates that paper and electronic patent assignment filings contain an average of 1.5 properties per submission, for an average filing cost of $60. The USPTO also estimates that oversized patent assignment requests on CD contain an average of 100 properties per submission, for an average filing cost of $4,000. The total estimated filing cost for this collection is $23,056,435 per year. Item Form number Estimated annual responses Average fee amount Estimated annual filing costs Patent Recordation Form Cover Sheet PTO-1595 277,098 $60.00 $16,625,880.00 Trademark Recordation Form Cover Sheet PTO-1594 18,908 165.00 3,119,820.00 Electronic Patent Assignment Recordation request

(EFS)None 5,651 60.00 339,060.00 Patent Assignment Recordation Request

(CD)None 10 4,000.00 40,000.00 Electronic Patent Assignment System

(EPAS)PTO-1595 18,636 60.00 1,118,160.00 Electronic Trademark Assignment System

(ETA)PTO-1594 10,991 165.00 1,813,515.00 Totals 331,294 $23,056,435.00 Customers may incur postage costs when submitting a patent or trademark assignment request to the USPTO by mail. The USPTO expects that some assignment requests will be submitted by fax but that approximately 215,622 of the 296,006 paper assignment requests per year will be submitted by mail. The USPTO estimates that the average first-class postage cost for a mailed Patent or Trademark Recordation Form Cover Sheet submission is 49 cents. The USPTO further estimates that 10 patent assignment requests on CD will be mailed to the USPTO per year and that the average first-class postage cost for a mailed CD submission is $1.52. The total postage cost for this collection is $105,670 per year. The total non-hour respondent cost burden for this collection in the form of capital start-up costs, recordkeeping costs, filing fees, and postage costs is estimated to be $23,165,071 per year. IV. Request for Comments Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: October 4, 2004. Susan K. Brown, Records Officer, USPTO, Office of the Chief Information Officer, Office of Data Architecture and Services, Data Administration Division. [FR Doc. 04-22780 Filed 10-8-04; 8:45 am]

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