82 FR 3284 - Certain Biaxial Integral Geogrid Products From the People's Republic of China: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 7 (January 11, 2017)
International Trade Administration
Federal Register Volume 82, Issue 7 (January 11, 2017)
| Page Range | 3284-3287 | |
| FR Document | 2017-00428 |
[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)] [Notices] [Pages 3284-3287] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00428] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-036] Certain Biaxial Integral Geogrid Products From the People's Republic of China: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) determines that certain biaxial integral geogrid products (geogrids) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The final weighted-average dumping margins for the investigation on geogrids from the PRC are listed in the ``Final Determination Margins'' section of this notice. DATES: Effective January 11, 2017. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Susan Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-4031, respectively. SUPPLEMENTARY INFORMATION: Background On August 22, 2016, the Department published its Preliminary Determination.\1\ We invited interested parties to comment on our Preliminary Determination of sales at LTFV. For a list of the parties that filed case and rebuttal briefs, see the Issues and Decision Memorandum.\2\ --------------------------------------------------------------------------- \1\ See Certain Biaxial Integral Geogrid Products from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, in Part, and Postponement of Final Determination, 81 FR 56584 (August 22, 2015) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. \2\ See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Determination of the Antidumping Duty Investigation of Certain Biaxial Integral Geogrid Products from the People's Republic of China,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Period of Investigation The period of investigation (POI) is July 1, 2015, through December 31, 2015. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was January 2016.\3\ --------------------------------------------------------------------------- \3\ See 19 CFR 351.204(b)(1). --------------------------------------------------------------------------- Scope of the Investigation The products covered by this investigation are geogrids from the People's Republic of China (PRC). Subject geogrids enter the United States through Harmonized Tariff Schedule of the United States (HTSUS) statistical subheading 3926.90.9995, but may also enter through HTSUS subheadings 3920.20.0050 and 3925.90.0000. While HTSUS subheadings are provided for convenience and Customs purposes, the written description of the scope of this investigation is dispositive. No interested party commented on the scope of this investigation. For a complete description of the scope of the investigation, see Appendix I to this notice. Analysis of Comments Received We addressed all issues raised by parties in case and rebuttal briefs in the Issues and Decision Memorandum.\4\ Appendix II to this notice includes a list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum. The Issues and 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. The Issues and Decision Memorandum is available [[Page 3285]] to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum is available at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \4\ See Issues and Decision Memorandum. --------------------------------------------------------------------------- Verification As provided in section 782(i) of the Act, in September 2016, the Department conducted verification of the information submitted by BOSTD Geosynthetics Qingdao Ltd. (BOSTD) and Taian Modern Plastic Co., Ltd. (Taian Modern) for use in the final determination. We issued our verification reports on November 4, 2016, and November 14, 2016.\5\ The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by respondents.\6\ --------------------------------------------------------------------------- \5\ See the Department's two memoranda regarding: ``Verification of the Sales and Factors Response of Taian Modern Plastic Co., Ltd. (Taian Modern) in the Antidumping Duty Less Than Fair Value Investigation of Certain Biaxial Integral Geogrid Products from the People's Republic of China,'' dated November 4, 2016 (Taian Modern Verification Report); and ``Verification of the Sales and Factors Responses of BOSTD Geosynthetics Qingdao Ltd. (BOSTD) in the Antidumping Investigation of Certain Biaxial Integral Geogrid Products from the People's Republic of China,'' dated November 15, 2016 (BOSTD Verification Report). \5\ Id. \6\ Id. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on the Department's analysis of the comments received and our findings at verification, we find that BOSTD and Taian Modern failed to cooperate by not acting to the best of their ability in this proceeding and, pursuant to section 776(b) of the Act and 19 CFR 351.308(a), we based BOSTD's and Taian Modern's respective dumping margins on total adverse facts available (AFA). For further discussion, see the Issues and Decision Memorandum. Combination Rates In the Initiation Notice,\7\ the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.\8\ In this case, because neither respondent qualified for a separate rate, combination rates were not calculated. --------------------------------------------------------------------------- \7\ See Certain Biaxial Integral Geogrid Products from the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 7755, 7756 (February 16, 2016) (Initiation Notice). \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Final Affirmative Determination of Critical Circumstances, in Part For the Preliminary Determination, the Department found that critical circumstances existed with respect to imports of geogrids from the PRC produced or exported by Taian Modern and the PRC-wide entity, but not with respect to imports of geogrids from BOSTD.\9\ We are not modifying our final critical circumstances finding for the PRC-wide entity (which now includes Taian Modern and BOSTD). Thus, pursuant to section 735(a)(3) of the Act and 19 CFR 351.206, we find that critical circumstances exist with respect to all exports of subject merchandise in this investigation. For further discussion, see the Issues and Decision Memorandum at Comments 1, 9 and 13. --------------------------------------------------------------------------- \9\ See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 7-10. --------------------------------------------------------------------------- PRC-Wide Entity In this final determination, as discussed above, we are applying a rate based entirely on adverse facts available to the PRC-wide entity (which now includes the two mandatory respondents). Additionally, as explained in the Preliminary Determination, the Department did not receive timely responses to its Q&V questionnaire or separate rate applications from the PRC exporters and/or producers of subject merchandise that were named in the petition and to which the Department issued Q&V questionnaires.\10\ As these non-responsive PRC companies did not demonstrate that they are eligible for separate rate status, the Department continues to consider them to be part of the PRC-wide entity. --------------------------------------------------------------------------- \10\ See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 16-17 (Separate Rate). --------------------------------------------------------------------------- PRC-Wide Rate For the final determination, we assigned as the AFA rate for the PRC-wide entity the highest dumping margin from the petition, i.e., 372.81 percent. In selecting this AFA rate for the PRC-wide entity, the Department's practice is to select a rate that is sufficiently adverse to ensure that the uncooperative party does not obtain a more favorable result by failing to cooperate than if it had fully cooperated.\11\ Specifically, it is the Department's practice to select, as an AFA rate, the higher of: (a) The highest dumping margin alleged in the petition; or, (b) the highest calculated dumping margin of any respondent in the investigation.\12\ There are no calculated margins for any respondents in this investigation. Therefore, as AFA, the Department has assigned to the PRC-wide entity the rate of 372.81 percent, which is the highest dumping margin alleged in the petition. The dumping margin for the PRC-wide entity applies to all entries of the merchandise under investigation.\13\ --------------------------------------------------------------------------- \11\ See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination: Purified Carboxymethylcellulose from Finland, 69 FR 77216 (December 27, 2004), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Purified Carboxymethylcellulose from Finland, 70 FR 28279 (May 17, 2005). \12\ See, e.g., Certain Stilbenic Optical Brightening Agents from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 77 FR 17436, 17438 (March 26, 2012); Final Determination of Sales at Less Than Fair Value: Certain Cold-Rolled Flat-Rolled Carbon Quality Steel Products from the People's Republic of China, 65 FR 34660 (May 31, 2000), and accompanying Issues and Decision Memorandum. \13\ For a detailed discussion, see Issues and Decision Memorandum. --------------------------------------------------------------------------- Final Determination The Department determines that the estimated final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter Producer margin (percent) ------------------------------------------------------------------------ PRC-Wide Entity \14\........................... ......... 372.81 ------------------------------------------------------------------------ \14\ As discussed above, the PRC-wide entity includes BOSTD and Taian Modern. Disclosure Because our final determination is based entirely on AFA, there are no calculations to disclose. Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of geogrids from the PRC as described in the ``Scope of the Investigation'' section, which were entered, or withdrawn from warehouse, for consumption on or after August 22, 2016, the date of publication in the Federal Register of the Preliminary Determination. For entries made by Taian Modern and the PRC-wide entity, in accordance with section 735(c)(4)(A) of the Act, because we [[Page 3286]] continue to find that critical circumstances exist, we will instruct CBP to continue to suspend liquidation of all appropriate entries of geogrids from the PRC which were entered, or withdrawn from warehouse, for consumption on or after May 24, 2016, which is 90 days prior to the date of publication in the Federal Register of the Preliminary Determination. Provisional measures were not imposed retrospectively for BOSTD because of the Department's preliminary negative critical circumstances determination with respect to it. However, the final affirmative critical circumstances determination now applies to BOSTD as it is now being treated as part of the PRC-wide entity. Accordingly, pursuant to section 735(c)(4)(C) of the Act, the Department will instruct CBP to suspend liquidation of all entries of geogrids from the PRC from BOSTD, which were entered, or withdrawn from warehouse, for consumption on or after 90-days prior to the date of publication of this final determination in the Federal Register. Further, pursuant to section 735(c)(1)(B)(ii) of the Act, the Department will instruct CBP to require a cash deposit \15\ equal to the amount by which the normal value exceeds U.S. price, adjusted where appropriate for export subsidies and estimated domestic subsidy pass- through. For all combinations of PRC exporters/producers of merchandise under consideration, the cash deposit rate will be equal to the dumping margin established for the PRC-wide entity. --------------------------------------------------------------------------- \15\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- As we stated in the Preliminary Determination, consistent with our practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the export price or constructed export price, less the amount of the countervailing duty determined to constitute an export subsidy.\16\ In this LTFV investigation, for the PRC-wide entity, which received an AFA rate, pursuant to section 776(b) of the Act, the Department has adjusted the PRC-wide entity's AD cash deposit rate by the lowest export subsidy rate determined for any party in the companion CVD proceeding.\17\ Here, that rate is zero and, thus, no adjustment is necessary for the PRC-wide rate.\18\ Furthermore, the Department did not adjust the final determination AD cash deposit rates for estimated domestic subsidy pass-through because respondents provided no reliable, accurate information to support an adjustment, pursuant to section 777A(f) of the Act.\19\ --------------------------------------------------------------------------- \16\ See Preliminary Determination, 81 FR at 56585-6. \17\ See, e.g., Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value; Preliminary Affirmative Determination of Critical Circumstances; In Part and Postponement of Final Determination, 80 FR 4250 (January 27, 2015), and accompanying Issues and Decision Memorandum at 35. \18\ See Countervailing Duty Investigation of Certain Biaxial Integral Geogrid Products from the People's Republic of China: Final Affirmative Determination and Final Determination of Critical Circumstances, in Part, dated concurrently with this notice. \19\ See Issues and Decision Memorandum at Comments 1 and 9 for further discussion of our findings to apply total AFA to BOSTD and Taian Modern. --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 735(d) of the Act, we notified the International Trade Commission (ITC) of the final affirmative determination of sales at LTFV. As the Department's final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of geogrids for sale from the PRC, or sales (or the likelihood of sales) for importation, of geogrids from the PRC. If the ITC determines that such injury does not exist, this 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 to assess, upon further instruction by the Department, 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. Return or Destruction of Proprietary Information This notice also serves as a reminder to the parties subject to administrative protective order (APO) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: January 4, 2017. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The products covered by the scope are certain biaxial integral geogrid products. Biaxial integral geogrid products are a polymer grid or mesh material (whether or not finished, slit, cut-to-length, attached to woven or non-woven fabric or sheet material, or packaged) in which four-sided openings in the form of squares, rectangles, rhomboids, diamonds, or other four-sided figures predominate. The products covered have integral strands that have been stretched to induce molecular orientation into the material (as evidenced by the strands being thinner in width toward the middle between the junctions than at the junctions themselves) constituting the sides of the openings and integral junctions where the strands intersect. The scope includes products in which four-sided figures predominate whether or not they also contain additional strands intersecting the four-sided figures and whether or not the inside corners of the four-sided figures are rounded off or not sharp angles. As used herein, the term ``integral'' refers to strands and junctions that are homogenous with each other. The products covered have a tensile strength of greater than 5 kilonewtons per meter (``kN/m'') according to American Society for Testing and Materials (``ASTM'') Standard Test Method D6637/D6637M in any direction and average overall flexural stiffness of more than 100,000 milligram- centimeter according to the ASTM D7748/D7748M Standard Test Method for Flexural Rigidity of Geogrids, Geotextiles and Related Products, or other equivalent test method standards. Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise further processed in a third country, including by trimming, slitting, coating, cutting, punching holes, stretching, attaching to woven or non-woven fabric or sheet material, or any other finishing, packaging, or other further processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the biaxial integral geogrid. The products subject to the scope are currently classified in the Harmonized Tariff Schedule of the United States (``HTSUS'') under the following subheading: 3926.90.9995. Subject merchandise may also enter under subheadings 3920.20.0050 and 3925.90.0000. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive. Appendix II--Issues and Decision Memorandum I. Summary [[Page 3287]] II. Background III. Period of Investigation IV. Scope of the Investigation V. Changes Since the Preliminary Determination VI. Application of Adverse Facts Available VII. Affirmative Finding of Critical Circumstances VIII. List of Comments IX. Discussion of the Issues Company-Specific Issues BOSTD Comment 1: Application of Total Adverse Facts Available (AFA) to BOSTD Comment 2: Moot Arguments for BOSTD Taian Modern Comment 3: Application of Total AFA to Taian Modern Comment 4: Moot Arguments for Taian Modern General Issues Comment 5: Selection of AFA Rate to PRC-Wide Entity Comment 6: Critical Circumstances Comment 7: Moot Arguments for General Issues [FR Doc. 2017-00428 Filed 1-10-17; 8:45 am] BILLING CODE 3510-DS-P
![3284 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices
V. Application of the Countervailing Duty than 100,000 milligram-centimeter according Determination.1 We invited interested
Law to Imports From the PRC to the ASTM D7748/D7748M Standard Test parties to comment on our Preliminary
VI. Subsidy Valuation Method for Flexural Rigidity of Geogrids, Determination of sales at LTFV. For a
VII. Benchmarks and Discount Rates Geotextiles and Related Products, or other
list of the parties that filed case and
VIII. Use of Facts Otherwise Available and equivalent test method standards.
Adverse Inferences Subject merchandise includes material rebuttal briefs, see the Issues and
IX. Analysis of Programs matching the above description that has been Decision Memorandum.2
X. Analysis of Comments finished, packaged, or otherwise further Period of Investigation
Comment 1: Whether the Export Buyer’s processed in a third country, including by
Credit Program Was Used by trimming, slitting, coating, cutting, punching The period of investigation (POI) is
Respondents holes, stretching, attaching to woven or non- July 1, 2015, through December 31,
Comment 2: Policy Loans for Geogrids woven fabric or sheet material, or any other 2015. This period corresponds to the
Industry finishing, packaging, or other further two most recent fiscal quarters prior to
Comment 3: Whether the Provision of processing that would not otherwise remove the month of the filing of the petition,
Polypropylene for LTAR Is Specific the merchandise from the scope of the which was January 2016.3
Comment 4: Whether To Attribute investigations if performed in the country of
Polypropylene LTAR Benefits to Only manufacture of the biaxial integral geogrid. Scope of the Investigation
Polypropylene Products The products subject to the scope are
Comment 5: Whether To Use a Different currently classified in the Harmonized Tariff
The products covered by this
Polypropylene Benchmark Schedule of the United States (‘‘HTSUS’’) investigation are geogrids from the
Comment 6: Whether To Remove Certain under the following subheading: People’s Republic of China (PRC).
Freight Expenses From the 3926.90.9995. Subject merchandise may also Subject geogrids enter the United States
Polypropylene Benchmark enter under subheadings 3920.20.0050 and through Harmonized Tariff Schedule of
Comment 7: Whether To Exclude Non- 3925.90.0000. The HTSUS subheadings set the United States (HTSUS) statistical
Production Related Income From the forth above are provided for convenience and subheading 3926.90.9995, but may also
Denominator U.S. Customs purposes only. The written enter through HTSUS subheadings
Comment 8: Whether To Exclude Negative description of the scope is dispositive. 3920.20.0050 and 3925.90.0000. While
Offsets in the Benefit Calculation for [FR Doc. 2017–00429 Filed 1–10–17; 8:45 am]
Electricity HTSUS subheadings are provided for
Comment 9: Whether To Apply AFA to BILLING CODE 3510–DS–P convenience and Customs purposes, the
BOSTD’s Electricity written description of the scope of this
Comment 10: Whether To Include Certain investigation is dispositive.
Loans in the Subsidy Calculations DEPARTMENT OF COMMERCE No interested party commented on the
Comment 11: Whether To Include Certain scope of this investigation. For a
Electricity Funds International Trade Administration complete description of the scope of the
Comment 12: Whether the Department’s [A–570–036] investigation, see Appendix I to this
Finding of Critical Circumstance for notice.
BOSTD Is Contrary to Law Certain Biaxial Integral Geogrid
Comment 13: Land-Use Rights for LTAR,
Products From the People’s Republic Analysis of Comments Received
Plant and Equipment for LTAR, and
Installment Plans for Land-Use Rights of China: Final Determination of Sales We addressed all issues raised by
XI. Recommendation at Less Than Fair Value parties in case and rebuttal briefs in the
Issues and Decision Memorandum.4
Appendix II AGENCY: Enforcement and Compliance, Appendix II to this notice includes a list
International Trade Administration, of the issues which the parties raised
The products covered by the scope are Department of Commerce.
certain biaxial integral geogrid products. and to which the Department responded
Biaxial integral geogrid products are a SUMMARY: The Department of Commerce in the Issues and Decision
polymer grid or mesh material (whether or (Department) determines that certain Memorandum. The Issues and Decision
not finished, slit, cut-to-length, attached to biaxial integral geogrid products Memorandum is a public document and
woven or non-woven fabric or sheet material, (geogrids) are being, or are likely to be, is on file electronically via Enforcement
or packaged) in which four-sided openings in sold in the United States at less than fair and Compliance’s Antidumping and
the form of squares, rectangles, rhomboids, value (LTFV), as provided in section Countervailing Duty Centralized
diamonds, or other four-sided figures 735 of the Tariff Act of 1930, as Electronic Service System (ACCESS).
predominate. The products covered have
amended (the Act). The final weighted- ACCESS is available to registered users
integral strands that have been stretched to
induce molecular orientation into the average dumping margins for the at http://access.trade.gov. The Issues
material (as evidenced by the strands being investigation on geogrids from the PRC and Decision Memorandum is available
thinner in width toward the middle between are listed in the ‘‘Final Determination
the junctions than at the junctions Margins’’ section of this notice. 1 See Certain Biaxial Integral Geogrid Products
themselves) constituting the sides of the DATES: Effective January 11, 2017. from the People’s Republic of China: Affirmative
openings and integral junctions where the Preliminary Determination of Sales at Less Than
FOR FURTHER INFORMATION CONTACT: Julia Fair Value, Affirmative Determination of Critical
strands intersect. The scope includes
products in which four-sided figures
Hancock or Susan Pulongbarit, AD/CVD Circumstances, in Part, and Postponement of Final
Operations, Office V, Enforcement and Determination, 81 FR 56584 (August 22, 2015)
predominate whether or not they also contain (Preliminary Determination) and accompanying
additional strands intersecting the four-sided Compliance, International Trade Preliminary Decision Memorandum.
figures and whether or not the inside corners Administration, U.S. Department of 2 See Memorandum from Gary Taverman,
of the four-sided figures are rounded off or Commerce, 1401 Constitution Avenue Associate Deputy Assistant Secretary for
not sharp angles. As used herein, the term NW., Washington, DC 20230; telephone: Antidumping and Countervailing Duty Operations,
sradovich on DSK3GMQ082PROD with NOTICES
‘‘integral’’ refers to strands and junctions that to Paul Piquado, Assistant Secretary for
(202) 482–1394 or (202) 482–4031, Enforcement and Compliance, ‘‘Issues and Decision
are homogenous with each other. The respectively. Memorandum for the Final Determination of the
products covered have a tensile strength of Antidumping Duty Investigation of Certain Biaxial
greater than 5 kilonewtons per meter (‘‘kN/ SUPPLEMENTARY INFORMATION:
Integral Geogrid Products from the People’s
m’’) according to American Society for Background Republic of China,’’ dated concurrently with this
Testing and Materials (‘‘ASTM’’) Standard notice (Issues and Decision Memorandum).
Test Method D6637/D6637M in any direction On August 22, 2016, the Department 3 See 19 CFR 351.204(b)(1).
and average overall flexural stiffness of more published its Preliminary 4 See Issues and Decision Memorandum.
VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\11JAN1.SGM 11JAN1](https://thefederalregister.org/doc/82_FR_3291/page/1.svg)
![Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Notices 3287
II. Background ADDRESSES: Written comments on the improve fish passage, fish that are
III. Period of Investigation application should be submitted to the attracted into the Restoration Area will
IV. Scope of the Investigation California Central Valley Office, NMFS, not have access to spawning habitat
V. Changes Since the Preliminary
650 Capitol Mall, Suite 5–100, upstream. The proposed activities are
Determination
VI. Application of Adverse Facts Available Sacramento, CA 95814. Comments may intended to benefit listed species by
VII. Affirmative Finding of Critical also be submitted via fax to 916–930– relocating captured steelhead back to
Circumstances 3629 or by email to Jeff.Abrams@ areas where they have access to
VIII. List of Comments noaa.gov (include the permit number in spawning habitat in the Merced River or
IX. Discussion of the Issues the subject line of the fax or email). other San Joaquin River tributaries. The
Company-Specific Issues FOR FURTHER INFORMATION CONTACT: Jeff proposed monitoring would further
Abrams, Sacramento, CA (ph.: 916–930– benefit steelhead by providing data on
BOSTD the distribution of steelhead and their
3714, Fax: 916–930–3629, email:
Comment 1: Application of Total Adverse Jeff.Abrams@noaa.gov). Permit use of the Restoration Area in order to
Facts Available (AFA) to BOSTD inform future ESA consultations and
Comment 2: Moot Arguments for BOSTD application instructions are available
from the address above, or online at SJRRP management actions. While adult
Taian Modern https://apps.nmfs.noaa.gov. CV spring-run Chinook salmon are not
Comment 3: Application of Total AFA to the target species for these efforts, some
SUPPLEMENTARY INFORMATION:
Taian Modern may be captured during permitted
Comment 4: Moot Arguments for Taian Species Covered in This Notice activities. The post capture handling of
Modern CV spring-run Chinook salmon is
The following listed species are
General Issues covered in this notice: covered under ESA Section 10(a)(1)(A)
Chinook salmon (Oncorhynchus permit 17781.
Comment 5: Selection of AFA Rate to PRC-
tshawytscha): Threatened Central Valley Listed fish would be captured by:
Wide Entity
Comment 6: Critical Circumstances (CV) spring-run; Boat mounted electrofisher, fyke net,
Comment 7: Moot Arguments for General Steelhead (O. mykiss): Threatened and trammel net. Handling would
Issues California Central Valley (CCV). include conducting length
[FR Doc. 2017–00428 Filed 1–10–17; 8:45 am] measurements, gender identification,
Authority tissue and scale collection, checking for
BILLING CODE 3510–DS–P
Enhancement permits are issued in the presence of tags, and tagging by
accordance with Section 10(a)(1)(A) of Passive Integrated Transponder (PIT).
DEPARTMENT OF COMMERCE the ESA (16 U.S.C. 1531 et. seq) and Captured steelhead would be
regulations governing listed fish and transported by tank truck and released
National Oceanic and Atmospheric wildlife permits (50 CFR parts 222–227). in the San Joaquin River downstream of
Administration NMFS issues permits based on findings the mouth of the Merced River.
that such permits: (1) Are applied for in Observe/harass take may occur at occur
RIN 0648–XF130
good faith; (2) if granted and exercised, at temporary weirs with electronic fish
Endangered and Threatened Species; would not operate to the disadvantage counting devices installed. Recaptured
Take of Anadromous Fish of the listed species that are the subject steelhead would be identified by the
of the permit; and (3) are consistent presence of a PIT tag. All persons
AGENCY: National Marine Fisheries implementing proposed activities would
with the purposes and policy of Section
Service (NMFS), National Oceanic and follow appropriate protocols to
2 of the ESA. The authority to take
Atmospheric Administration (NOAA), minimize injury to captured fish,
listed species is subject to conditions set
Commerce. including: Handling live steelhead with
forth in the permits.
ACTION: Application for one Anyone requesting a hearing on an extreme care, monitoring water
enhancement permit renewal. application listed in this notice should temperature to the maximum extent
set out the specific reasons why a possible during sampling and
SUMMARY: Notice is hereby given that processing procedures, maintaining
NMFS has received, from the United hearing on that application would be
appropriate (see ADDRESSES). Such adequate circulation and replenishment
States Bureau of Reclamation of water in holding units, following the
(Reclamation), a permit application hearings are held at the discretion of the
Assistant Administrator for Fisheries, NMFS 2000 electrofishing guidelines,
(16608–2R) to enhance the propagation and checking all traps at least daily. In
and survival of species listed under the NMFS.
addition, when a sample is comprised of
Endangered Species Act (ESA) of 1973, Permit Application(s) Received a mix of species, any captured steelhead
as amended. Under permit application would be processed first, and steelhead
16608–2R, Reclamation is requesting Permit 16608–2R
rescued at the capture site would be
renewal of permit 16608, for a five year Reclamation has applied for an allowed to recover to the maximum
period, to continue implementation of enhancement permit under Section extent possible prior to being released
the San Joaquin River Restoration 10(a)(1)(A) of the ESA for a period of 5 into the mainstem San Joaquin River.
Program (SJRRP) Steelhead Monitoring years that would allow take of adult The applicants are not proposing to kill
Program. The permit application may be CCV steelhead, and adult CV spring-run any of the fish they capture, but a small
viewed online at: https:// Chinook salmon. Actions taken number may die as an unintended result
apps.nmfs.noaa.gov/preview/preview_ pursuant to the application are designed
sradovich on DSK3GMQ082PROD with NOTICES
of the activities.
open_for_comment.cfm. to monitor for the presence of CCV
DATES: Comments or requests for a steelhead that may be attracted into the Public Comments Solicited
public hearing on the applications must SJRRP Restoration Area (Restoration NMFS invites the public to comment
be received at the appropriate address or Area), and to relocate those captured on the permit application and
fax number (see ADDRESSES) no later fish to locations with better access to associated HGMPs during a 30 day
than 5 p.m. Pacific standard time on suitable spawning habitat. Prior to the public comment period beginning on
February 10, 2017. completion of ongoing SJRRP efforts to the date of this notice. This notice is
VerDate Sep<11>2014 19:05 Jan 10, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\11JAN1.SGM 11JAN1](https://thefederalregister.org/doc/82_FR_3291/page/4.svg)
Document Created: 2018-02-01 14:59:01
Document Modified: 2018-02-01 14:59:01
| 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 January 11, 2017. | |
| Contact | Julia Hancock or Susan Pulongbarit, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-4031, respectively. | |
| FR Citation | 82 FR 3284 |
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