81 FR 2172 - Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Negative Determination and Alignment of Final Determination With Final Antidumping Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 10 (January 15, 2016)
International Trade Administration
Federal Register Volume 81, Issue 10 (January 15, 2016)
| Page Range | 2172-2174 | |
| FR Document | 2016-00750 |
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)] [Notices] [Pages 2172-2174] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00750] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-580-884] Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Negative Determination and Alignment of Final Determination With Final Antidumping Duty Determination AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ``Department'') preliminarily determines that de minimis countervailable subsidies are being provided to producers/exporters of certain hot-rolled steel flat products (``hot-rolled steel'') from the Republic of Korea (``Korea''). The period of investigation is January 1, 2014, through December 31, 2014. We invite interested parties to comment on this preliminary determination. DATES: Effective date: January 15, 2016. FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Bob Palmer, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-7906 or (202) 482-9068, respectively. SUPPLEMENTARY INFORMATION: Scope of the Investigation The products covered by this investigation are certain hot-rolled steel flat products from Korea. For a complete description of the scope of this investigation, see Appendix II. Methodology The Department is conducting this countervailing duty (``CVD'') investigation in accordance with section 701 of the Tariff Act of 1930, as amended (the ``Act''). For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.\1\ A list of topics discussed in the Preliminary Decision Memorandum is included as Appendix I 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 http://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version are identical in content. --------------------------------------------------------------------------- \1\ See Memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations; Re: Decision Memorandum for the Preliminary Negative Determination: Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products from the Republic of Korea, dated January 8, 2015 (``Preliminary Decision Memorandum''). --------------------------------------------------------------------------- The Department notes that, in making this preliminary determination, we relied, in part, on facts otherwise available.\2\ For further information, see ``Use of Facts Otherwise Available'' in the accompanying Preliminary Decision Memorandum. --------------------------------------------------------------------------- \2\ See section 776(a) of the Act. --------------------------------------------------------------------------- Alignment As noted in the Preliminary Decision Memorandum,\3\ in accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning the final CVD determination in this investigation with the final determination in the companion AD investigation of hot-rolled steel from Korea based on a request made by Petitioners. Consequently, the final CVD determination will be issued on the same date as the final AD determination, which is currently scheduled to be issued no later than May 23, 2016, unless postponed.\4\ --------------------------------------------------------------------------- \3\ See Preliminary Decision Memorandum. \4\ We note that the current deadline for the final AD determination is May 22, 2016, which is a Sunday. Pursuant to Department practice, the signature date will be the next business day, which is Monday, March 9, 2016. See Notice of Clarification: Application of ``Next Business Day'' Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). --------------------------------------------------------------------------- Preliminary Determination In accordance with section 703(d)(1)(A)(i) of the Act, we calculated a CVD rate for each individually investigated producer/ exporter of the subject merchandise. We preliminarily determine that de minimis countervailable subsides are being provided with respect to the manufacture, production or exportation of the subject merchandise. Consistent with section 703(b)(4)(A) of the Act, we have disregarded de minimis rates. Consistent with section 703(d) of the Act, we have not calculated an all-others rate because we have not reached an affirmative preliminarily [[Page 2173]] determination. We preliminarily determine the countervailable subsidy rates to be: ------------------------------------------------------------------------ Subsidy Company rate ------------------------------------------------------------------------ POSCO and Daewoo International Corporation.................. 0.17 Hyundai Steel Co., Ltd...................................... 0.63 ------------------------------------------------------------------------ Percent (de minimis). Because we preliminarily determine that the CVD rates in this investigation are de minimis, we will not direct U.S. Customs and Border Protection (``CBP'') to suspend liquidation of entries of subject merchandise. Verification As provided in section 782(i)(1) of the Act, we intend to verify the information submitted by the respondents prior to making our final determination. International Trade Commission Notification In accordance with section 703(f) of the Act, we will notify the International Trade Commission (``ITC'') of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order, without the written consent of the Assistant Secretary for Enforcement and Compliance. In accordance with section 705(b)(3) of the Act, if our final determination is affirmative, the ITC will make its final determination within 75 days after the Department makes its final determination. Disclosure and Public Comment The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of its public announcement.\5\ Interested parties may submit case and rebuttal briefs, as well as request a hearing.\6\ For a schedule of the deadlines for filing case briefs, rebuttal briefs, and hearing requests, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \5\ See 19 CFR 351.224(b). \6\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c). --------------------------------------------------------------------------- This determination is issued and published pursuant to sections 703(f) and 777(i) of the Act and 19 CFR 351.205(c). Dated: January 8, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Injury Test VI. Use of Facts Otherwise Available VII. Subsidies Valuation VIII. Analysis of Programs IX. Disclosure and Public Comment X. Conclusion Appendix II Scope of the Investigation The products covered by this investigation are certain hot- rolled, flat-rolled steel products, with or without patterns in relief, and whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (``width'') of 12.7 mm or greater, regardless of thickness, and regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness of less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non-rectangular cross-section where such cross-section is achieve subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above unless the resulting measurement makes the product covered by the existing antidumping \7\ or countervailing duty \8\ orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products From the Republic of Korea (A-580-836; C-580-837), and --------------------------------------------------------------------------- \7\ See Notice of Amendment of Final Determinations of Sales at Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate Products From France, India, Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 (February 10, 2000). \8\ See Notice of Amended Final Determinations: Certain Cut-to- Length Carbon-Quality Steel Plate From India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-To- Length Carbon-Quality Steel Plate From France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000). --------------------------------------------------------------------------- (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated:2.50 percent of manganese, or 3.30 percent of silicon, or 1.50 percent of copper, or 1.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent of cobalt, or 0.40 percent of lead, or 2.00 percent of nickel, or 0.30 percent of tungsten, or 0.80 percent of molybdenum, or 0.10 percent of niobium, or 0.30 percent of vanadium, or 0.30 percent of zirconium. Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial- free (IF)) steels, high strength low alloy (HSLA) steels, the substrate for motor lamination steels, Advanced High Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF steels are recognized as low carbon steels with micro-alloying levels of elements such as titanium and/or niobium added to stabilize carbon and nitrogen elements. HSLA steels are recognized as steels with micro-alloying levels of elements such as chromium, copper, niobium, titanium, vanadium, and molybdenum. The substrate for motor lamination steels contains micro-alloying levels of elements such as silicon and aluminum. AHSS and UHSS are considered high tensile strength and high elongation steels, although AHSS and UHSS are covered whether or not they are high tensile strength or high elongation steels. Subject merchandise includes hot-rolled steel that has been further processed in a third country, including but not limited to pickling, oiling, levelling, annealing, tempering, temper rolling, skin passing, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the hot-rolled steel. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of these investigations unless specifically excluded. The following products are outside of and/or specifically excluded from the scope of this investigation: Universal mill plates (i.e., hot-rolled, flat-rolled products not in coils that have been rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, of a thickness not less than 4.0 mm, and without patterns in relief); [[Page 2174]] Products that have been cold-rolled (cold-reduced) after hot-rolling; \9\ --------------------------------------------------------------------------- \9\ For purposes of this scope exclusion, rolling operations such as a skin pass, levelling, temper rolling or other minor rolling operations after the hot-rolling process for purposes of surface finish, flatness, shape control, or gauge control do not constitute cold-rolling sufficient to meet this exclusion. --------------------------------------------------------------------------- Ball bearing steels; \10\ --------------------------------------------------------------------------- \10\ Ball bearing steels are defined as steels which contain, in addition to iron, each of the following elements by weight in the amount specified: (i) Not less than 0.95 nor more than 1.13 percent of carbon; (ii) not less than 0.22 nor more than 0.48 percent of manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) none, or not more than 0.03 percent of phosphorus; (v) not less than 0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 nor more than 1.65 percent of chromium; (vii) none, or not more than 0.28 percent of nickel; (viii) none, or not more than 0.38 percent of copper; and (ix) none, or not more than 0.09 percent of molybdenum. --------------------------------------------------------------------------- Tool steels; \11\ and --------------------------------------------------------------------------- \11\ Tool steels are defined as steels which contain the following combinations of elements in the quantity by weight respectively indicated: (i) More than 1.2 percent carbon and more than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon and 1.25 percent or more but less than 10.5 percent chromium; or (iii) not less than 0.85 percent carbon and 1 percent to 1.8 percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, molybdenum; or (v) not less than 0.5 percent carbon and not less than 3.5 percent molybdenum; or (vi) not less than 0.5 percent carbon and not less than 5.5 percent tungsten. --------------------------------------------------------------------------- Silico-manganese steels; \12\ --------------------------------------------------------------------------- \12\ Silico-manganese steel is defined as steels containing by weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or more but not more than 1.9 percent of manganese, and (iii) 0.6 percent or more but not more than 2.3 percent of silicon. --------------------------------------------------------------------------- The products subject to this investigation are currently classified in the Harmonized Tariff Schedule of the United States (``HTSUS'') under item numbers: 7208.10.1500, 7208.10.3000, 7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000, 7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2016-00750 Filed 1-14-16; 8:45 am] BILLING CODE 3510-DS-P
![2172 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices
the date of publication of notice of DEPARTMENT OF COMMERCE Decision Memorandum is a public
initiation of the requested review.’’ document and is on file electronically
Because the petitioners withdrew their International Trade Administration via Enforcement and Compliance’s
review request in a timely manner, and [C–580–884] Antidumping and Countervailing Duty
because no other party requested a Centralized Electronic Service System
review of these companies, we are Countervailing Duty Investigation of (‘‘ACCESS’’). ACCESS is available to
rescinding the administrative review in Certain Hot-Rolled Steel Flat Products registered users at http://
part with respect to the aforementioned From the Republic of Korea: access.trade.gov, and is available to all
44 companies. Preliminary Negative Determination parties in the Central Records Unit,
and Alignment of Final Determination room B8024 of the main Department of
Assessment Commerce building. In addition, a
With Final Antidumping Duty
The Department will instruct U.S. Determination complete version of the Preliminary
Customs and Border Protection (CBP) to Decision Memorandum can be accessed
AGENCY: Enforcement and Compliance, directly at http://enforcement.trade.gov/
assess antidumping duties on all
International Trade Administration, frn/. The signed Preliminary Decision
appropriate entries. For the
Department of Commerce. Memorandum and the electronic
aforementioned companies, for which
the review is rescinded, antidumping SUMMARY: The Department of Commerce version are identical in content.
duties shall be assessed at rates equal to (the ‘‘Department’’) preliminarily The Department notes that, in making
the cash deposit of estimated determines that de minimis this preliminary determination, we
antidumping duties required at the time countervailable subsidies are being relied, in part, on facts otherwise
of entry, or withdrawal from warehouse, provided to producers/exporters of available.2 For further information, see
for consumption, in accordance with 19 certain hot-rolled steel flat products ‘‘Use of Facts Otherwise Available’’ in
CFR 351.212(c)(1)(i). The Department (‘‘hot-rolled steel’’) from the Republic of the accompanying Preliminary Decision
intends to issue appropriate assessment Korea (‘‘Korea’’). The period of Memorandum.
instructions to CBP within 15 days after investigation is January 1, 2014, through Alignment
publication of this notice. December 31, 2014. We invite interested
parties to comment on this preliminary As noted in the Preliminary Decision
Notifications to Importers determination. Memorandum,3 in accordance with
DATES: Effective date: January 15, 2016.
section 705(a)(1) of the Act and 19 CFR
This notice serves as a final reminder 351.210(b)(4), we are aligning the final
to importers of their responsibility FOR FURTHER INFORMATION CONTACT:
CVD determination in this investigation
under 19 CFR 351.402(f)(2) to file a Katie Marksberry or Bob Palmer, AD/ with the final determination in the
certificate regarding the reimbursement CVD Operations, Office V, Enforcement companion AD investigation of hot-
of antidumping duties prior to and Compliance, International Trade rolled steel from Korea based on a
liquidation of the relevant entries Administration, U.S. Department of request made by Petitioners.
during this review period. Failure to Commerce, 14th Street and Constitution Consequently, the final CVD
comply with this requirement may Avenue NW., Washington, DC 20230; determination will be issued on the
result in the Department’s presumption telephone (202) 482–7906 or (202) 482– same date as the final AD
that reimbursement of antidumping 9068, respectively. determination, which is currently
duties occurred and the subsequent SUPPLEMENTARY INFORMATION: scheduled to be issued no later than
assessment of doubled antidumping Scope of the Investigation May 23, 2016, unless postponed.4
duties.
The products covered by this Preliminary Determination
Notification Regarding Administrative investigation are certain hot-rolled steel In accordance with section
Protective Orders flat products from Korea. For a complete 703(d)(1)(A)(i) of the Act, we calculated
This notice also serves as a reminder description of the scope of this a CVD rate for each individually
to parties subject to administrative investigation, see Appendix II. investigated producer/exporter of the
protective order (APO) of their Methodology subject merchandise. We preliminarily
responsibility concerning the determine that de minimis
The Department is conducting this countervailable subsides are being
disposition of proprietary information
countervailing duty (‘‘CVD’’) provided with respect to the
disclosed under APO, in accordance
investigation in accordance with section manufacture, production or exportation
with 19 CFR 351.305(a)(3). Timely
701 of the Tariff Act of 1930, as of the subject merchandise. Consistent
written notification of the return or
amended (the ‘‘Act’’). For a full with section 703(b)(4)(A) of the Act, we
destruction of APO materials or
description of the methodology have disregarded de minimis rates.
conversion to judicial protective order is
underlying our preliminary conclusions, Consistent with section 703(d) of the
hereby requested. Failure to comply
see the Preliminary Decision Act, we have not calculated an all-
with the regulations and the terms of an
Memorandum.1 A list of topics others rate because we have not reached
APO is a sanctionable violation.
discussed in the Preliminary Decision an affirmative preliminarily
This notice is issued and published in Memorandum is included as Appendix
accordance with sections 751(a)(1) and I to this notice. The Preliminary 2 See section 776(a) of the Act.
777(i)(1) of the Act and 19 CFR 3 See Preliminary Decision Memorandum.
mstockstill on DSK4VPTVN1PROD with NOTICES
351.213(d)(4). 1 See Memorandum to Paul Piquado, Assistant 4 We note that the current deadline for the final
Dated: January 8, 2016. Secretary for Enforcement and Compliance, from AD determination is May 22, 2016, which is a
Christian Marsh, Deputy Assistant Secretary for Sunday. Pursuant to Department practice, the
Christian Marsh, Antidumping and Countervailing Duty Operations; signature date will be the next business day, which
Deputy Assistant Secretary for Antidumping Re: Decision Memorandum for the Preliminary is Monday, March 9, 2016. See Notice of
and Countervailing Duty Operations. Negative Determination: Countervailing Duty Clarification: Application of ‘‘Next Business Day’’
Investigation of Certain Hot-Rolled Steel Flat Rule for Administrative Determination Deadlines
[FR Doc. 2016–00619 Filed 1–14–16; 8:45 am] Products from the Republic of Korea, dated January Pursuant to the Tariff Act of 1930, As Amended, 70
BILLING CODE 3510–DS–P 8, 2015 (‘‘Preliminary Decision Memorandum’’). FR 24533 (May 10, 2005).
VerDate Sep<11>2014 20:01 Jan 14, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\15JAN1.SGM 15JAN1](https://thefederalregister.org/doc/81_FR_2182/page/1.svg)
![2174 Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices
• Products that have been cold-rolled DEPARTMENT OF COMMERCE in accordance with NEPA and NOAA
(cold-reduced) after hot-rolling; 9 Administrative Order 216–6. To obtain
• Ball bearing steels; 10 National Oceanic and Atmospheric an electronic copy of these documents,
• Tool steels; 11 and Administration
• Silico-manganese steels; 12
write to the previously mentioned
The products subject to this investigation address, telephone the contact listed
RIN 0648–XE291
are currently classified in the Harmonized here (see FOR FURTHER INFORMATION
Tariff Schedule of the United States Takes of Marine Mammals Incidental to CONTACT), or download the files at:
(‘‘HTSUS’’) under item numbers: Specified Activities; Taking Marine http://www.nmfs.noaa.gov/pr/permits/
7208.10.1500, 7208.10.3000, 7208.10.6000, incidental/research.htm.
7208.25.3000, 7208.25.6000, 7208.26.0030,
Mammals Incidental to a Marine
Geophysical Survey in the South NMFS also issued a Biological
7208.26.0060, 7208.27.0030, 7208.27.0060, Opinion under section 7 of the
7208.36.0030, 7208.36.0060, 7208.37.0030, Atlantic Ocean, January to March 2016
7208.37.0060, 7208.38.0015, 7208.38.0030, Endangered Species Act (ESA) to
7208.38.0090, 7208.39.0015, 7208.39.0030, AGENCY: National Marine Fisheries evaluate the effects of the survey and
7208.39.0090, 7208.40.6030, 7208.40.6060, Service (NMFS), National Oceanic and Authorization on marine species listed
7208.53.0000, 7208.54.0000, 7208.90.0000, Atmospheric Administration (NOAA), as threatened and endangered. The
7210.70.3000, 7211.14.0030, 7211.14.0090, Commerce. Biological Opinion is available online
7211.19.1500, 7211.19.2000, 7211.19.3000, ACTION: Notice; issuance of an incidental at: http://www.nmfs.noaa.gov/pr/
7211.19.4500, 7211.19.6000, 7211.19.7530, consultations/opinions.htm.
7211.19.7560, 7211.19.7590, 7225.11.0000,
harassment authorization.
7225.19.0000, 7225.30.3050, 7225.30.7000, FOR FURTHER INFORMATION CONTACT:
SUMMARY: In accordance with the Jeannine Cody, NMFS, Office of
7225.40.7000, 7225.99.0090, 7226.11.1000,
7226.11.9030, 7226.11.9060, 7226.19.1000, Marine Mammal Protection Act Protected Resources, NMFS (301) 427–
7226.19.9000, 7226.91.5000, 7226.91.7000, (MMPA) implementing regulations, we 8401.
and 7226.91.8000. The products subject to hereby give notice that we have issued
SUPPLEMENTARY INFORMATION:
the investigation may also enter under the an Incidental Harassment Authorization
following HTSUS numbers: 7210.90.9000, (Authorization) to Lamont-Doherty Background
7211.90.0000, 7212.40.1000, 7212.40.5000, Earth Observatory (Lamont-Doherty), a
7212.50.0000, 7214.91.0015, 7214.91.0060, Section 101(a)(5)(D) of the Marine
component of Columbia University, in Mammal Protection Act of 1972, as
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180, collaboration with the National Science amended (MMPA; 16 U.S.C. 1361 et
and 7228.60.6000. Foundation (NSF), to take marine seq.) directs the Secretary of Commerce
The HTSUS subheadings above are mammals, by harassment, in the South to allow, upon request, the incidental,
provided for convenience and U.S. Customs Atlantic Ocean, January through March but not intentional, taking of small
purposes only. The written description of the 2016.
scope of the investigation is dispositive. numbers of marine mammals of a
DATES: Effective January 4 through species or population stock, by U.S.
[FR Doc. 2016–00750 Filed 1–14–16; 8:45 am] March 31, 2016. citizens who engage in a specified
BILLING CODE 3510–DS–P
ADDRESSES: A copy of the final activity (other than commercial fishing)
9 For purposes of this scope exclusion, rolling
Authorization and application and other within a specified geographical region
operations such as a skin pass, levelling, temper
supporting documents are available by if, after NMFS provides a notice of a
rolling or other minor rolling operations after the writing to Jolie Harrison, Chief, Permits proposed authorization to the public for
hot-rolling process for purposes of surface finish, and Conservation Division, Office of review and comment: (1) NMFS makes
flatness, shape control, or gauge control do not Protected Resources, National Marine certain findings; and (2) the taking is
constitute cold-rolling sufficient to meet this
exclusion. Fisheries Service, 1315 East-West limited to harassment.
10 Ball bearing steels are defined as steels which Highway, Silver Spring, MD 20910, by An Authorization shall be granted for
contain, in addition to iron, each of the following telephoning the contacts listed here, or the incidental taking of small numbers
elements by weight in the amount specified: (i) Not by visiting the internet at: http://www. of marine mammals if NMFS finds that
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
nmfs.noaa.gov/pr/permits/incidental/ the taking will have a negligible impact
of manganese; (iii) none, or not more than 0.03 research.htm. on the species or stock(s), and will not
percent of sulfur; (iv) none, or not more than 0.03 The NSF prepared a draft have an unmitigable adverse impact on
percent of phosphorus; (v) not less than 0.18 nor Environmental Analysis in accordance the availability of the species or stock(s)
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
with Executive Order 12114, for subsistence uses (where relevant).
none, or not more than 0.28 percent of nickel; (viii) ‘‘Environmental Effects Abroad of Major The Authorization must also set forth
none, or not more than 0.38 percent of copper; and Federal Actions’’ for their proposed the permissible methods of taking; other
(ix) none, or not more than 0.09 percent of federal action. The environmental means of effecting the least practicable
molybdenum.
11 Tool steels are defined as steels which contain
analysis titled ‘‘Environmental Analysis adverse impact on the species or stock
the following combinations of elements in the of a Marine Geophysical Survey by the and its habitat (i.e., mitigation); and
quantity by weight respectively indicated: (i) More R/V Marcus G. Langseth in the South requirements pertaining to the
than 1.2 percent carbon and more than 10.5 percent Atlantic Ocean, Austral Summer 2016,’’ monitoring and reporting of such taking.
chromium; or (ii) not less than 0.3 percent carbon prepared by LGL, Ltd. environmental NMFS has defined ‘‘negligible impact’’
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon research associates, on behalf of NSF in 50 CFR 216.103 as ‘‘an impact
and 1 percent to 1.8 percent, inclusive, manganese; and Lamont-Doherty is available at the resulting from the specified activity that
or (iv) 0.9 percent to 1.2 percent, inclusive, same internet address. cannot be reasonably expected to, and is
chromium and 0.9 percent to 1.4 percent, inclusive,
mstockstill on DSK4VPTVN1PROD with NOTICES
NMFS prepared an Environmental not reasonably likely to, adversely affect
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi) Assessment (EA) titled, ‘‘Proposed the species or stock through effects on
not less than 0.5 percent carbon and not less than Issuance of an Incidental Harassment annual rates of recruitment or survival.’’
5.5 percent tungsten. Authorization to Lamont-Doherty Earth Except with respect to certain
12 Silico-manganese steel is defined as steels
Observatory to Take Marine Mammals activities not pertinent here, the MMPA
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
by Harassment Incidental to a Marine at 16 U.S.C. 1362(18)(A) defines
1.9 percent of manganese, and (iii) 0.6 percent or Geophysical Survey in the South ‘‘harassment’’ as: Any act of pursuit,
more but not more than 2.3 percent of silicon. Atlantic Ocean, January–March 2016,’’ torment, or annoyance which (i) has the
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Document Created: 2018-02-02 12:32:10
Document Modified: 2018-02-02 12:32:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective date: January 15, 2016. | |
| Contact | Katie Marksberry or Bob Palmer, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-7906 or (202) 482-9068, respectively. | |
| FR Citation | 81 FR 2172 |
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