82 FR 26666 - Polyethylene Retail Carrier Bags From Thailand: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 109 (June 8, 2017)
International Trade Administration
Federal Register Volume 82, Issue 109 (June 8, 2017)
| Page Range | 26666-26669 | |
| FR Document | 2017-11914 |
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)] [Notices] [Pages 26666-26669] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11914] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-549-821] Polyethylene Retail Carrier Bags From Thailand: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) is conducting an administrative review of the antidumping duty (AD) order on polyethylene retail carrier bags (PRCBs) from Thailand covering the period of review (POR) from August 1, 2015, through July 31, 2016. We preliminary determine that Super Grip Co., Ltd. (Super Grip) had no shipments during the POR. Further, we are rescinding this administrative review with respect to the mandatory respondent Sahachit Watana Plastic Ind. Co., Ltd. (Sahachit). Finally, we preliminarily find that the mandatory respondent, Landblue (Thailand) Co., Ltd. (Landblue), failed to respond to the Department's questionnaire in this review and, as a result, Landblue received a preliminary [[Page 26667]] margin based on adverse facts available. Interested parties are invited to comment on these preliminary results. DATES: Effective June 8, 2017. FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6386. SUPPLEMENTARY INFORMATION: Background These preliminary results are made in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). On August 31, 2016, in response to a timely request from Polyethylene Retail Carrier Bag Committee and its individual members, Hilex Poly Co., LLC and Superbag Corporation (collectively, the petitioners),\1\ and in accordance with section 751(a) of the Act and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on PRCBs from Thailand.\2\ On November 15, 2016, the Department selected Landblue and Sahachit as mandatory respondents for individual examination in this review.\3\ Also on November 15, 2016, we issued the AD questionnaire to Landblue and Sahachit.\4\ In December 2016 and January 2017, Sahachit responded to the Department's initial questionnaire.\5\ On January 12, 2017, the petitioners withdrew their request for an administrative review of Sahachit.\6\ On May 2, 2017, in accordance with section 751(a)(3)(A) of the Act, the Department extended the deadline for this review by 30 days.\7\ For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.\8\ A list of topics included in the Preliminary Decision Memorandum is provided as an appendix 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 https://access.trade.gov, and 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 and the electronic versions of the Preliminary Decision Memorandum are identical in content. --------------------------------------------------------------------------- \1\ See letter from Petitioners, ``Polyethylene Retail Carrier Bags from Thailand: Request for Administrative Review,'' dated August 31, 2016 (Review Request). \2\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 71061, dated October 14, 2016 (Initiation Notice). \3\ See memorandum to the file, ``2015-2016 Administrative Review of the Antidumping Duty Order on Polyethylene Retail Carrier Bags from Thailand: Respondent Selection,'' dated November 15, 2016 (Respondent Selection Memorandum). \4\ See letter from the Department to Landblue and Sahachit, dated November 15, 2016. \5\ See letter from Sahachit to the Department, ``Re: Responde {sic{time} to questionaire {sic{time} ,'' dated December 14, 2016; see also letters from Sahachit, ``Re: Section B Questionaire {sic{time} Response,''; ``Re: Section C Questionaire {sic{time} Response,''; ``Re: Section D Questionaire {sic{time} Response,'' dated January 15, 2017. \6\ See letter from the petitioners, ``Polyethylene Retail Carrier Bags from Thailand: Partial Withdrawal of Request for Administrative Review,'' dated January 12, 2017. \7\ See Memorandum, ``Extension of Deadline for Preliminary Results of the 2015-2016 Antidumping Duty Administrative Review,'' dated May 2, 2017. \8\ See Memorandum, ``Decision Memorandum for Preliminary Results of the 2015-2016 Antidumping Duty Administrative Review: Polyethylene Retail Carrier Bags from Thailand'' (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order 9 --------------------------------------------------------------------------- \9\ See Preliminary Decision Memorandum for a complete description of the scope of the Order, which is hereby adopted by this notice and incorporated herein by reference. --------------------------------------------------------------------------- The merchandise subject to this order is PRCBs, which may be referred to as t-shirt sacks, merchandise bags, grocery bags, or checkout bags. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheading 3923.21.0085. Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Partial Rescission of Administrative Review On August 31, 2016, the Department received a timely request for an administrative review of the AD order on PRCBs from Thailand for 29 companies.\10\ In response to a timely-filed withdrawal request by the petitioners,\11\ we are rescinding this administrative review with respect to Sahachit, pursuant to 19 CFR 351.213(d)(1).\12\ Accordingly, the companies subject to the instant review are the 28 companies listed in the ``Preliminary Results of Review'' section, below, of which Landblue is the remaining mandatory respondent.\13\ --------------------------------------------------------------------------- \10\ See Review Request. \11\ See letter from Petitioners, ``Polyethylene Retail Carrier Bags from Thailand: Partial Withdrawal of Request for Administrative Review,'' dated January 12, 2017 (``Petitioners' Withdrawal Request''). \12\ See Preliminary Decision Memorandum, at ``Partial Rescission of Administrative Review'' section. \13\ See Respondent Selection Memorandum. --------------------------------------------------------------------------- Preliminary Determination of No Shipments We received a timely-filed submission from Super Grip Co., Ltd. (Super Grip) reporting to the Department that it made no exports, sales, or entries of subject merchandise to the United States during the POR.\14\ Based on record evidence, we preliminarily determine that Super Grip had no reviewable entries during the POR. For additional information on our preliminary determination of no reviewable entries, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \14\ See letter from Super Grip, ``Polyethylene Retail Carrier Bags from Thailand: Notice of No Shipments (08/01/15-07/31/16),'' dated October 28, 2016. --------------------------------------------------------------------------- Methodology The Department is conducting this review in accordance with section 751(a)(2) of the Act. Facts Available The Department determined that Landblue withheld necessary information that was requested by the Department, thereby significantly impeding the conduct of the review, and failed to act to the best of its ability. Accordingly, in accordance with sections 776(a) and (b) of the Act, the Department applied facts available with an adverse inference to Landblue. For a full description of the methodology underlying our preliminary results, see the Preliminary Decision Memorandum. Rate for Non-Selected Companies Under Review In accordance with the U.S. Court of Appeals for the Federal Circuit's decision in Albermarle Corp. v. United States,\15\ we are applying to the non-selected companies the rate preliminarily applied to Landblue. For a detailed discussion, see Preliminary Decision Memorandum. --------------------------------------------------------------------------- \15\ See Albermarle Corp. & Subsidiaries v. United States, 821 F.3d 1345 (Fed. Cir. 2016) (``Albermarle Corp.''). --------------------------------------------------------------------------- Preliminary Results of the Review As a result of this review, we preliminarily determine the following weighted-average dumping margins for the POR: ------------------------------------------------------------------------ Weighted- average Exporter/producer dumping margins (percent) ------------------------------------------------------------------------ Landblue (Thailand) Co., Ltd............................ 122.88 Apple Film Company, Ltd................................. 122.88 Dpac Inter Corporation Co., Ltd......................... 122.88 [[Page 26668]] Elite Poly and Packaging Co., Ltd....................... 122.88 Film Master Co., Ltd.................................... 122.88 Inno Cargo Co., Ltd..................................... 122.88 Innopack Industry Co., Ltd.............................. 122.88 K. International Packaging Co., Ltd..................... 122.88 King Bag Co., Ltd....................................... 122.88 King Pac Industrial Co., Ltd............................ 122.88 M & P World Polymer Co., Ltd............................ 122.88 Minigrip (Thailand) Co., Ltd............................ 122.88 Multibax Public Co., Ltd................................ 122.88 Naraipak Co., Ltd....................................... 122.88 PMC Innopack Co., Ltd................................... 122.88 Poly Plast (Thailand) Co., Ltd.......................... 122.88 Poly World Co., Ltd..................................... 122.88 Prepack Thailand Co., Ltd............................... 122.88 Print Master Co., Ltd................................... 122.88 Siam Best Products Trading Limited Partnership.......... 122.88 Sun Pack Inter Co., Ltd................................. 122.88 Superpac Corporation Co., Ltd........................... 122.88 Thai Origin Co., Ltd.................................... 122.88 Thantawan Industry Public Co., Ltd...................... 122.88 Triple B Pack Co., Ltd.................................. 122.88 Two Path Plaspack Co. Ltd............................... 122.88 Wing Fung Adhesive Manufacturing (Thailand) Co., Ltd.... 122.88 ------------------------------------------------------------------------ Disclosure and Public Comment Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary results of review within five days of the date of publication of the notice of the preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because the Department preliminarily applied a dumping margin based on AFA, as described in the Preliminary Decision Memorandum, there is nothing further to disclose. Interested parties may submit case briefs no later than 30 days after the date of publication of this notice.\16\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\17\ Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.\18\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.309(c)(ii). \17\ See 19 CFR 351.309(d). \18\ See 19 CFR 351.309(c)(2) and (d)(2). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.\19\ The request should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those in the respective case briefs. If a request for a hearing is made, parties will be notified of the date and time of the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. --------------------------------------------------------------------------- \19\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(2), the Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in all written case briefs, within 120 days after the issuance of these preliminary results. Assessment Rates Upon the completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries. If the preliminary results are unchanged for the final results, we will instruct CBP to apply an ad valorem assessment rate of 122.88 percent to all entries of subject merchandise during the POR which were produced and/or exported by Landblue, and an ad valorem assessment rate of 122.88 percent to all entries of subject merchandise during the POR which were produced and/or exported by the aforementioned companies which were not selected for individual examination.\20\ With respect to Super Grip, if we continue to find that Super Grip had no shipments of subject merchandise in the final results, we will instruct CBP to liquidate any existing entries of merchandise produced by Super Grip, but exported by other parties, at the rate for the intermediate reseller, if available, or at the all- others rate.\21\ --------------------------------------------------------------------------- \20\ See Preliminary Decision Memorandum at ``Rate for Non- Selected Companies'' (for an explanation of how we preliminarily determined the rate for non-selected companies). \21\ See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). --------------------------------------------------------------------------- We intend to issue instructions to CBP 15 days after publication of this notice. Cash Deposit Requirements The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of PRCBs from Thailand entered, or withdrawn from warehouse, for consumption on or after the date of publication provided by section 751(a)(2) of the Act: (1) The cash deposit rate for the respondents listed above will be equal to the dumping margins established in the final results of this review except if the ultimate rates are de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rates will be zero; (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the original less-than-fair-value investigation but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of the proceeding for the manufacturer of the merchandise; (4) the cash deposit rate for all other manufacturers or exporters will continue to be 4.69 percent ad valorem.\22\ These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \22\ See Notice of Implementation of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Polyethylene Retail Carrier Bags From Thailand, 75 FR 48940 (August 12, 2010). --------------------------------------------------------------------------- Notification to Importers This notice also serves as a preliminary 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 Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d) and (h)(1). Dated: June 2, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary [[Page 26669]] II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Preliminary Determination of No Shipments VI. Discussion of the Methodology A. Use of Facts Otherwise Available i. Use of Facts Available ii. Application of Facts Available With an Adverse Inference iii. Selection of Corroboration of Information Used as Facts Available VII. Recommendation [FR Doc. 2017-11914 Filed 6-7-17; 8:45 am] BILLING CODE 3510-DS-P
![26666 Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices
requests related to them,11 we also case and rebuttal briefs, must submit a We intend to issue liquidation
preliminarily determine that Roung Shu written request to the Assistant instructions for Fujian Roungshu, Roung
had no reviewable transactions during Secretary for Enforcement and Shu, and Xiamen Yi He to CBP 15 days
the POR. Therefore, consistent with our Compliance, U.S. Department of after publication of the final results of
practice, we will complete the review Commerce, within 30 days after the date this review.
with respect to Roung Shu as well, and of publication of this notice. Requests
Notification to Importers
issue appropriate instructions to CBP should contain the party’s name,
based on the final results of this review. address, and telephone number, the This notice also serves as a
number of participants, whether any preliminary reminder to importers of
Rescission of Review, in Part their responsibility under 19 CFR
participant is a foreign national, and a
Pursuant to 19 CFR 351.213(d)(1), the list of the issues to be discussed. If a 351.402(f)(2) to file a certificate
Department will rescind an request for a hearing is made, the regarding the reimbursement of
administrative review, in whole or in Department intends to hold the hearing antidumping duties prior to liquidation
part, if a party that requested the review at the U.S. Department of Commerce, of the relevant entries during this POR.
withdraws the request within 90 days of 1401 Constitution Avenue NW., Failure to comply with this requirement
the date of publication of notice of Washington, DC 20230, at a time and could result in the Department’s
initiation of the requested review. The date to be determined. Parties should presumption that reimbursement of
petitioner’s withdrawal of its request confirm by telephone the date, time, and antidumping duties occurred and the
with respect to Maple Ribbon was location of the hearing two days before subsequent assessment of doubled
submitted within the 90-day period and, the scheduled date. antidumping duties.
thus, is timely. Because the petitioner’s The Department intends to issue the Notification to Interested Parties
withdrawal of its request with respect to final results of this administrative
Maple Ribbon for an antidumping duty review, including the results of its We are issuing and publishing these
administrative review is timely, and analysis of the issues raised in any results in accordance with sections
because no other party requested a written briefs, no later than 120 days 751(a)(1) and 777(i)(1) of the Act.
review of this company, in accordance after the date of publication of this Dated: June 1, 2017.
with 19 CFR 351.213(d)(1), we are notice, pursuant to section 751(a)(3)(A) Ronald K. Lorentzen,
rescinding this administrative review, in of the Act and 19 CFR 351.213(h), Acting Assistant Secretary for Enforcement
part, with respect to Maple Ribbon. unless this deadline is extended. and Compliance.
Verification Assessment Rates [FR Doc. 2017–11915 Filed 6–7–17; 8:45 a.m.]
BILLING CODE 3510–DS–P
As provided in section 782(i) of the With respect to Maple Ribbon, the
Act, we intend to verify information Department will direct CBP to assess
relied upon in making our final antidumping duties at the cash deposit DEPARTMENT OF COMMERCE
results.12 rate in effect on the date of entry for
Disclosure and Public Comment entries during the period September 1, International Trade Administration
2015, through August 31, 2016. We
Case briefs or other written comments intend to issue liquidation instructions [A–549–821]
may be submitted to the Assistant to CBP 15 days after publication of this
Secretary for Enforcement and Polyethylene Retail Carrier Bags From
final rescission notice.
Compliance no later than seven days Thailand: Preliminary Results and
With respect to the remaining
after the date on which the last Partial Rescission of the Antidumping
companies covered by the review, upon
verification report is issued in this Duty Administrative Review and
issuance of the final results, the
review. Rebuttal briefs, limited to issues Preliminary Determination of No
Department shall determine, and CBP
raised in case briefs, may be submitted Shipments; 2015–2016
shall assess, antidumping duties on all
no later than five days after the deadline appropriate entries covered by this AGENCY: Enforcement and Compliance,
date for case briefs.13 Pursuant to 19 review.14 The final results of this review International Trade Administration,
CFR 351.309(c)(2) and (d)(2), parties shall be the basis for the assessment of Department of Commerce.
who submit case briefs or rebuttal briefs antidumping duties on entries of SUMMARY: The Department of Commerce
in this review are encouraged to submit merchandise covered by the final results (Department) is conducting an
with each argument: (1) A statement of of this review.15 administrative review of the
the issue; (2) a brief summary of the Consistent with the Department’s antidumping duty (AD) order on
argument; and (3) a table of authorities. refinement of its assessment practice, if polyethylene retail carrier bags (PRCBs)
Pursuant to 19 CFR 351.310(c), we continue to find in the final results from Thailand covering the period of
interested parties who wish to request a that Fujian Rongshu, Roung Shu, and review (POR) from August 1, 2015,
hearing, limited to issues raised in the Xiamen Yi He had no shipments of through July 31, 2016. We preliminary
subject merchandise during the POR, we determine that Super Grip Co., Ltd.
11 See Roung Shu’s Response to First Information
will instruct CBP to liquidate any (Super Grip) had no shipments during
Request; and Roung Shu’s Response to Second
Information Request. In these submissions, Roung suspended entries at the all-others rate the POR. Further, we are rescinding this
Shu provided documentation to demonstrate that it if there is no rate for the intermediate
asabaliauskas on DSKBBXCHB2PROD with NOTICES
administrative review with respect to
only exported either non-subject ribbon, or subject companies involved in the the mandatory respondent Sahachit
ribbon, which was already included in the prior transaction.16
administrative review. Watana Plastic Ind. Co., Ltd. (Sahachit).
12 We note that the petitioner requested Finally, we preliminarily find that the
14 See 19 CFR 351.212(b)(1).
verification of Roung Shu. See the Petitioner’s mandatory respondent, Landblue
Letter, ‘‘Narrow Woven Ribbons with Woven 15 See section 751(a)(2)(C) of the Act. (Thailand) Co., Ltd. (Landblue), failed to
Selvedge from Taiwan/Request For Verification,’’ 16 For a full discussion of this clarification, see
dated February 16, 2017. Antidumping and Countervailing Duty Proceedings:
respond to the Department’s
13 See 19 CFR 351.309; see also 19 CFR 351.303 Assessment of Antidumping Duties, 68 FR 23954 questionnaire in this review and, as a
(for general filing requirements). (May 6, 2003). result, Landblue received a preliminary
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![Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices 26669
II. Background Regulations under the Magnuson- Experimental fishing activity would
III. Scope of the Order Stevens Fishery Conservation and test gear modifications in an attempt to
IV. Partial Rescission of Administrative Management Act require publication of reduce finfish bycatch in the scallop
Review this notification to provide interested dredge fishery. The gear modifications
V. Preliminary Determination of No
Shipments
parties the opportunity to comment on that would be tested adhere to current
VI. Discussion of the Methodology applications for proposed Exempted scallop gear regulations and include:
A. Use of Facts Otherwise Available Fishing Permits. • A ‘‘daylight skirt’’: 1 to 2 rows of
i. Use of Facts Available DATES: Comments must be received on 12-in by 12-in windows are cut into the
ii. Application of Facts Available With an or before June 23, 2017. twine top/skirt of the top of the scallop
Adverse Inference dredge bag;
ADDRESSES: You may submit written
iii. Selection of Corroboration of • An extended link apron: Two links
Information Used as Facts Available comments by any of the following
are used to connect the rings of the
VII. Recommendation methods:
dredge apron to increase the inner ring
• Email: nmfs.gar.efp@noaa.gov.
[FR Doc. 2017–11914 Filed 6–7–17; 8:45 am] spacing from ∼3.5″ to ∼4.5″;
Include in the subject line ‘‘CFF
BILLING CODE 3510–DS–P • A ‘‘fish sweep’’: A cookie sweep
Compensation Fishing Gear Research
affixed to the front of the headbale;
EFP.’’
• A low profile dredge: The frame is
DEPARTMENT OF COMMERCE • Mail: John K. Bullard, Regional
4″ shorter in height than a traditional
Administrator, NMFS, Greater Atlantic
scallop dredge.
National Oceanic and Atmospheric Regional Fisheries Office, 55 Great
All trips would take place in scallop
Administration Republic Drive, Gloucester, MA 01930.
fishing areas open to the entire Atlantic
Mark the outside of the envelope
sea scallop fishery. Exemption from
RIN 0648–XF442 ‘‘Comments on CFF Compensation
crew size limits is needed because a
Fishing Gear Research EFP.’’
research technician would accompany
Magnuson-Stevens Act Provisions; FOR FURTHER INFORMATION CONTACT: vessels on the compensation fishing
General Provisions for Domestic Alyson Pitts, Fisheries Management trips to collect catch data associated
Fisheries; Application for Exempted Specialist, (978) 281–9352. with different dredge modifications. The
Fishing Permits
SUPPLEMENTARY INFORMATION: crew size exemption would be for
AGENCY: National Marine Fisheries Coonamessett Farm Foundation (CFF) approximately 120 days-at-sea and
Service (NMFS), National Oceanic and submitted a complete application for an would be used in conjunction with a
Atmospheric Administration (NOAA), Exempted Fishing Permit (EFP) on May valid compensation fishing letter of
Commerce. 4, 2017, that would allow gear research authorization. The technician would
ACTION: Notice and request for to be conducted by vessels on only engage in data collection activities,
comments. compensation fishing trips associated and would not process catch to be
with projects funded by the 2017 landed for sale. Exemption from
SUMMARY: The Assistant Regional Scallop Research Set-Aside (RSA) possession limit and minimum sizes
Administrator for Sustainable Fisheries, program. The exemptions would allow would support catch sampling
Greater Atlantic Region, NMFS, has 19 commercial fishing vessels to exceed activities, and ensure the vessel is not
made a preliminary determination that the crew size regulations at 50 CFR in conflict with possession regulations
an Exempted Fishing Permit application 648.51(c) in order to place a researcher while collecting catch data. All catch
contains all of the required information on the vessel, and temporarily exempt above a possession limit or below a
and warrants further consideration. The the participating vessels from minimum size would be discarded as
Exempted Fishing Permit would allow possession limits and minimum size soon as possible following data
commercial fishing vessels to fish requirements specified in 50 CFR part collection. All bycatch would be
outside of scallop regulations in support 648, subparts B and D through O, for returned to the sea as soon as
of research conducted by the sampling purposes only. Any fishing practicable following data collection;
Coonamessett Farm Foundation. These activity conducted outside the scope of estimated catch totals are listed below
exemptions would support research the exempted fishing activity would be on Table 1. All research trips would
conducted on trips to test gear prohibited, including landing fish in otherwise be consistent with normal
modifications for bycatch reduction in excess of a possession limit or below the commercial fishing activity and catch
the scallop dredge fishery. minimum size. would be retained for sale.
TABLE 1—ESTIMATED BYCATCH FOR CFF EFP COMPENSATION TRIPS
Weight Weight
Species Scientific name Number (lb) (kg)
NE Skate Complex ......................................... Rajidae Species ............................................. 96,500 120,000 54,431
Barndoor Skate ............................................... Dipturus laevis ................................................ 400 750 340
Summer Flounder ........................................... Paralichthys dentatus ..................................... 120 200 90
Winter Flounder .............................................. Pseudopleuronectes americanus ................... 250 550 249
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Yellowtail Flounder .......................................... Limanda ferruginea ........................................ 1,750 1,500 680
Windowpane Flounder .................................... Scopthalmus aquosus .................................... 1,750 1,500 680
Monkfish .......................................................... Lophius americanus ....................................... 2000 4,500 2,041
If approved, the applicant may year. EFP modifications and extensions completion of the proposed research
request minor modifications and may be granted without further notice if and have minimal impacts that do not
extensions to the EFP throughout the they are deemed essential to facilitate change the scope or impact of the
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Document Created: 2018-11-14 10:07:21
Document Modified: 2018-11-14 10:07:21
| 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 June 8, 2017. | |
| Contact | Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6386. | |
| FR Citation | 82 FR 26666 |
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