82 FR 37058 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 151 (August 8, 2017)
International Trade Administration
Federal Register Volume 82, Issue 151 (August 8, 2017)
| Page Range | 37058-37060 | |
| FR Document | 2017-16690 |
[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)] [Notices] [Pages 37058-37060] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16690] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-964] Seamless Refined Copper Pipe and Tube From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that the five remaining companies under review do not qualify for a separate rate and are, therefore, considered a part of the People's Republic of China (PRC)-Wide Entity for their exports of subject merchandise exported to the United States during the period of review (POR), November 1, 2015, through October 31, 2016. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results. DATES: Applicable August 8, 2017. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Courtney Canales, 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) 482-4997, respectively. SUPPLEMENTARY INFORMATION: Background On January 13, 2017, the Department published in the Federal Register the notice of initiation of an administrative review of the antidumping duty (AD) order on seamless refined copper pipe and tube (copper pipe) from the PRC for the period of review November 1, 2015, through October 31, 2016.\1\ On January 18, 2017, Hong Kong Hailiang Metal Trading Limited (Hong Kong Hailiang), Shanghai Hailiang Copper Co., Ltd. (Shanghai Hailiang), and Zhejiang Hailiang Co., Ltd. (Zhejiang Hailiang) (collectively, Hailiang) notified the Department that the spelling of each company's name in the Initiation Notice was incorrect.\2\ Accordingly, on February 13, 2017, the Department published in the Federal Register a revision of the notice of initiation of the 6th administrative review of the AD order due to a spelling error in certain companies' names.3 4 On February 24, 2017, Hailiang submitted a letter indicating it would not participate in the review.\5\ On March 14, 2017, the petitioners \6\ timely withdrew their request for review with respect to 11 companies,\7\ but did not withdraw their request for review for the following five companies: China Hailiang Metal Trading (China Hailiang), Shanghai Hailiang Metal Trading Limited (Shanghai Hailiang Trading), Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang.\8\ Accordingly, these five companies remain under review. --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 4297 (January 13, 2017) (Initiation Notice). \2\ See Letter from Hailiang, ``Correct Name of Hailiang: Administrative Review of the Antidumping Order on Seamless Refined Copper Pipe and Tube from the People's Republic of China,'' dated January 18, 2017 (Hailiang's Correct Name Submission). \3\ See Initiation of Antidumping and Countervailing Duty Reviews, 82 FR 10457 (February 13, 2017) (Revised Initiation Notice). \4\ In the Revised Initiation Notice, the Department initiated on Hong Kong Hailiang Metal as the correct name identified in Hailiang's Correct Name Submission. However, in reviewing Hailiang's Correct Name Submission, the Department found that Hong Kong Hailiang Metal Trading Limited (Hong Kong Hailiang) was identified as the correct spelling for Hong Kong Hailiang. See Hailiang's Correct Name Submission at 1. \5\ See Letter from Hailiang, ``Hailiang Notice of Non- Participation in Review: Administrative Review of the Antidumping Duty Order on Seamless Refined Copper Pipe and Tube from the People's Republic of China,'' dated February 24, 2017 (Hailiang Notice of Non-Participation Submission). \6\ The petitioners are the Ad Hoc Coalition for Domestically Produced Seamless Refined Copper Pipe and Tube; and its individual members, Cerro Flow Products, LLC; Wieland Copper Products, LLC; Mueller Copper Tube Products, Inc.; and Mueller Copper Tube Company, Inc. (the petitioners). \7\ These 11 companies are: Foshan Hua Hong Copper Tube Co., Ltd.; Golden Dragon Precise Copper Tube Group, Inc; Golden Dragon Holding (Hong Kong) International Co., Ltd.; Guilin Lijia Metals Co., Ltd.; Hong Kong GD Trading Co., Ltd.; Ningbo Jintian Copper Tube Co., Ltd.; Sinochem Ningbo Ltd.; Sinochem Ningbo Import & Export Co., Ltd.; Taicang City Jinxin Copper Tube Co., Ltd.; Zhejiang Jiahe Pipes Inc.; and Zhejiang Naile Copper Co., Ltd. \8\ See Letter from the petitioners, ``Seamless Refined Copper Pipe and Tube from China: Partial Withdrawal of Request for Administrative Review,'' dated March 14, 2017. --------------------------------------------------------------------------- Scope of the Order The merchandise subject to the order is seamless refined copper pipe and tube. The product is currently classified under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7411.10.1030 and 7411.10.1090. Products subject to this order may also enter under HTSUS item numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this order remains dispositive.\9\ --------------------------------------------------------------------------- \9\ For a full description of the scope of the Order, see Memorandum from Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ``Seamless Refined Copper Pipe and Tube from the People's Republic of China: Decision Memorandum for the Preliminary Results of the 2015-2016 Antidumping Duty Administrative Review,'' dated concurrently with, and hereby adopted by, this Federal Register notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, the petitioners withdrew their request for an administrative review with respect to 11 companies within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order with respect to these 11 companies. Therefore, in accordance with 19 CFR 351.213(d)(1), the Department is rescinding this review of the AD order on copper pipe from the PRC with respect to these companies. Methodology The Department is conducting this review in accordance with sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our preliminary conclusions, see the [[Page 37059]] Preliminary Decision Memorandum. A list of topics included in the Preliminary Decision Memorandum is included as the 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. Preliminary Results of Review The Department preliminarily determines that the five companies under review, China Hailiang, Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang, failed to demonstrate eligibility for a separate rate. In making our findings, two of the five companies, China Hailiang and Shanghai Hailiang Trading, did not submit no shipment letters or separate rate applications/certifications by the specified deadlines, and, as noted above, Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang, notified the Department that they would not be participating in this review and also did not submit no shipment letters or separate rate applications/certifications by the specified deadlines.\10\ Accordingly, these five companies did not demonstrate that they are each entitled to a separate rate. Thus, we consider all five companies to be part of the PRC-Wide Entity.\11\ The rate previously established for the PRC-wide entity is 60.82 percent.\12\ --------------------------------------------------------------------------- \11\ See Preliminary Decision Memorandum, at 4-5. Pursuant to the Department's change in practice, the Department no longer considers the NME entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). Under this practice, the NME entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the entity, the entity is not under review and the entity's rate is not subject to change. \12\ The rate for the PRC-Wide Entity was first assigned in the original investigation, see Seamless Refined Copper Pipe and Tube from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 75 FR 60725 (October 1, 2010). This rate has been used in each subsequent administrative review in which there was a party being considered as part of the PRC-Wide Entity. --------------------------------------------------------------------------- Disclosure Normally, the Department discloses to interested parties the calculations performed in connection with the preliminary results within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). However, because the Department preliminarily determined that the five remaining companies under review are part of the PRC-wide entity, there are no calculations to disclose. Public Comment Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 50 days after the date of publication of these preliminary results, unless the Secretary alters the time limit.\13\ Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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. --------------------------------------------------------------------------- \13\ See 19 CFR 351.309(c); see also 19 CFR 351.303 (for general filing requirements). \14\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.\15\ The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. --------------------------------------------------------------------------- \15\ See 19 CFR 351.212(b)(1). --------------------------------------------------------------------------- For any individually examined respondent whose weighted average dumping margin is above de minimis (i.e., 0.50 percent) in the final results of this review, the Department will calculate importer-specific assessment rates on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of sales, in accordance with 19 CFR 351.212(b)(1). Where an importer- (or customer-) specific ad valorem rate is greater than de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation.\16\ Where either a respondent's weighted average dumping margin is zero or de minimis, or an importer- (or customer-) specific ad valorem is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.\17\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.212(b)(1). \17\ See 19 CFR 351.106(c)(2). --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will [[Page 37060]] be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. 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 the POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: August 2, 2017. Carole Showers, Executive Director, Office of Policy performing the duties of Deputy Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Partial Rescission B. NME Country Status C. Separate Rates V. Recommendation [FR Doc. 2017-16690 Filed 8-7-17; 8:45 am] BILLING CODE 3510-DS-P
![37058 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
spigot. Hubless cast iron soil pipe fittings are Background companies: China Hailiang Metal
manufactured without a hub, generally in Trading (China Hailiang), Shanghai
compliance with Cast Iron Soil Pipe Institute On January 13, 2017, the Department
published in the Federal Register the Hailiang Metal Trading Limited
(CISPI) specification 301 and/or American
notice of initiation of an administrative (Shanghai Hailiang Trading), Hong Kong
Society for Testing and Materials (ASTM)
specification A888. Hub and spigot pipe review of the antidumping duty (AD) Hailiang, Shanghai Hailiang, and
fittings have hubs into which the spigot order on seamless refined copper pipe Zhejiang Hailiang.8 Accordingly, these
(plain end) of the pipe or fitting is inserted. and tube (copper pipe) from the PRC for five companies remain under review.
Cast iron soil pipe fittings are generally the period of review November 1, 2015, Scope of the Order
distinguished from other types of through October 31, 2016.1 On January
nonmalleable cast iron fittings by the manner The merchandise subject to the order
18, 2017, Hong Kong Hailiang Metal
in which they are connected to cast iron soil is seamless refined copper pipe and
pipe and other fittings. Trading Limited (Hong Kong Hailiang),
tube. The product is currently classified
The subject imports are normally classified Shanghai Hailiang Copper Co., Ltd.
under Harmonized Tariff Schedule of
in subheading 7307.11.0045 of the (Shanghai Hailiang), and Zhejiang
the United States (HTSUS) item
Harmonized Tariff Schedule of the United Hailiang Co., Ltd. (Zhejiang Hailiang)
numbers 7411.10.1030 and
States (HTSUS): Cast fittings of nonmalleable (collectively, Hailiang) notified the
cast iron for cast iron soil pipe. The HTSUS 7411.10.1090. Products subject to this
Department that the spelling of each
subheading and specifications are provided order may also enter under HTSUS item
company’s name in the Initiation Notice
for convenience and customs purposes only; numbers 7407.10.1500, 7419.99.5050,
was incorrect.2 Accordingly, on
the written description of the scope of this 8415.90.8065, and 8415.90.8085.
February 13, 2017, the Department
investigation is dispositive. Although the HTSUS numbers are
published in the Federal Register a
[FR Doc. 2017–16770 Filed 8–7–17; 8:45 am] provided for convenience and customs
revision of the notice of initiation of the
purposes, the written description of the
BILLING CODE 3510–DS–P 6th administrative review of the AD
scope of this order remains dispositive.9
order due to a spelling error in certain
companies’ names.3 4 On February 24, Partial Rescission of Administrative
DEPARTMENT OF COMMERCE 2017, Hailiang submitted a letter Review
indicating it would not participate in Pursuant to 19 CFR 351.213(d)(1), the
International Trade Administration
the review.5 On March 14, 2017, the Department will rescind an
[A–570–964] petitioners 6 timely withdrew their administrative review, in whole or in
request for review with respect to 11 part, if the party or parties that
Seamless Refined Copper Pipe and companies,7 but did not withdraw their
Tube From the People’s Republic of requested a review withdraws the
request for review for the following five request within 90 days of the
China: Preliminary Results and Partial
Rescission of the Antidumping Duty 1 See Initiation of Antidumping and
publication date of the notice of
Administrative Review; 2015–2016 Countervailing Duty Administrative Reviews, 82 FR
initiation of the requested review. As
4297 (January 13, 2017) (Initiation Notice). noted above, the petitioners withdrew
AGENCY: Enforcement and Compliance, 2 See Letter from Hailiang, ‘‘Correct Name of their request for an administrative
International Trade Administration, Hailiang: Administrative Review of the review with respect to 11 companies
Antidumping Order on Seamless Refined Copper
Department of Commerce. Pipe and Tube from the People’s Republic of
within 90 days of the publication date
SUMMARY: The Department of Commerce China,’’ dated January 18, 2017 (Hailiang’s Correct of the notice of initiation. No other
(the Department) preliminarily Name Submission). parties requested an administrative
3 See Initiation of Antidumping and
determines that the five remaining review of the order with respect to these
Countervailing Duty Reviews, 82 FR 10457
companies under review do not qualify (February 13, 2017) (Revised Initiation Notice).
11 companies. Therefore, in accordance
for a separate rate and are, therefore, 4 In the Revised Initiation Notice, the Department with 19 CFR 351.213(d)(1), the
considered a part of the People’s initiated on Hong Kong Hailiang Metal as the Department is rescinding this review of
Republic of China (PRC)-Wide Entity for correct name identified in Hailiang’s Correct Name the AD order on copper pipe from the
Submission. However, in reviewing Hailiang’s
their exports of subject merchandise Correct Name Submission, the Department found
PRC with respect to these companies.
exported to the United States during the that Hong Kong Hailiang Metal Trading Limited Methodology
period of review (POR), November 1, (Hong Kong Hailiang) was identified as the correct
2015, through October 31, 2016. If these spelling for Hong Kong Hailiang. See Hailiang’s The Department is conducting this
Correct Name Submission at 1. review in accordance with sections
preliminary results are adopted in the 5 See Letter from Hailiang, ‘‘Hailiang Notice of
final results, the Department will 751(a)(1)(B) and 751(a)(2)(A) of the
Non-Participation in Review: Administrative
instruct U.S. Customs and Border Review of the Antidumping Duty Order on Tariff Act of 1930, as amended (the Act).
Protection (CBP) to assess antidumping Seamless Refined Copper Pipe and Tube from the For a full description of the
People’s Republic of China,’’ dated February 24, methodology underlying our
duties on all appropriate entries of 2017 (Hailiang Notice of Non-Participation
subject merchandise during the POR. Submission).
preliminary conclusions, see the
Interested parties are invited to 6 The petitioners are the Ad Hoc Coalition for
8 See Letter from the petitioners, ‘‘Seamless
comment on these preliminary results. Domestically Produced Seamless Refined Copper
Pipe and Tube; and its individual members, Cerro Refined Copper Pipe and Tube from China: Partial
DATES: Applicable August 8, 2017. Flow Products, LLC; Wieland Copper Products, Withdrawal of Request for Administrative Review,’’
LLC; Mueller Copper Tube Products, Inc.; and dated March 14, 2017.
FOR FURTHER INFORMATION CONTACT: Julia 9 For a full description of the scope of the Order,
Mueller Copper Tube Company, Inc. (the
Hancock or Courtney Canales, AD/CVD
asabaliauskas on DSKBBXCHB2PROD with NOTICES
petitioners). see Memorandum from Gary Taverman, Deputy
Operations, Office V, Enforcement and 7 These 11 companies are: Foshan Hua Hong Assistant Secretary for Antidumping and
Compliance, International Trade Copper Tube Co., Ltd.; Golden Dragon Precise Countervailing Duty Operations, to Ronald K.
Administration, U.S. Department of Copper Tube Group, Inc; Golden Dragon Holding Lorentzen, Acting Assistant Secretary for
(Hong Kong) International Co., Ltd.; Guilin Lijia Enforcement and Compliance, ‘‘Seamless Refined
Commerce, 1401 Constitution Avenue Metals Co., Ltd.; Hong Kong GD Trading Co., Ltd.; Copper Pipe and Tube from the People’s Republic
NW., Washington, DC 20230; telephone: Ningbo Jintian Copper Tube Co., Ltd.; Sinochem of China: Decision Memorandum for the
(202) 482–1394 or (202) 482–4997, Ningbo Ltd.; Sinochem Ningbo Import & Export Co., Preliminary Results of the 2015–2016 Antidumping
respectively. Ltd.; Taicang City Jinxin Copper Tube Co., Ltd.; Duty Administrative Review,’’ dated concurrently
Zhejiang Jiahe Pipes Inc.; and Zhejiang Naile with, and hereby adopted by, this Federal Register
SUPPLEMENTARY INFORMATION: Copper Co., Ltd. notice (Preliminary Decision Memorandum).
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![37060 Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Notices
be the rate applicable to the PRC orientalis) as a threatened or endangered ESA Statutory Provisions
exporter that supplied that non-PRC species under the Endangered Species The ESA defines ‘‘species’’ to include
exporter. These deposit requirements, Act (ESA) and to designate critical any subspecies of fish or wildlife or
when imposed, shall remain in effect habitat concurrently with the listing. We plants, and any distinct population
until further notice. have completed a comprehensive status segment (DPS) of any vertebrate fish or
Notification to Importers review of the species in response to the wildlife which interbreeds when mature
petition. Based on the best scientific and (16 U.S.C. 1532(16)). The U.S. Fish and
This notice also serves as a commercial data available, including Wildlife Service (FWS) and NMFS have
preliminary reminder to importers of the status review report, and after taking adopted a joint policy describing what
their responsibility under 19 CFR into account efforts being made to constitutes a DPS under the ESA (61 FR
351.402(f)(2) to file a certificate protect the species, we have determined 4722; February 7, 1996). The joint DPS
regarding the reimbursement of that listing of the Pacific bluefin tuna is policy identifies two criteria for making
antidumping duties prior to liquidation not warranted. We conclude that the a determination that a population is a
of the relevant entries during the POR. Pacific bluefin tuna is not an DPS: (1) The population must be
Failure to comply with this requirement endangered species throughout all or a discrete in relation to the remainder of
could result in the Department’s significant portion of its range, nor the species to which it belongs; and (2)
presumption that reimbursement of likely to become an endangered species the population must be significant to the
antidumping duties occurred and the within the foreseeable future throughout species to which it belongs.
subsequent assessment of double all or a significant portion of its range. Section 3 of the ESA defines an
antidumping duties. We also announce the availability of a
These preliminary results are issued endangered species as any species
status review report, prepared pursuant which is in danger of extinction
and published in accordance with
to the ESA, for Pacific bluefin tuna. throughout all or a significant portion of
sections 751(a)(1) and 777(i)(1) of the
Act. its range and a threatened species as one
DATES:This finding was made on
which is likely to become an
Dated: August 2, 2017. August 8, 2017.
endangered species within the
Carole Showers, ADDRESSES: The documents informing foreseeable future throughout all or a
Executive Director, Office of Policy the 12-month finding are available by significant portion of its range. Thus, we
performing the duties of Deputy Assistant submitting a request to the Assistant interpret an ‘‘endangered species’’ to be
Secretary for Enforcement and Compliance. Regional Administrator, Protected one that is presently in danger of
Appendix Resources Division, West Coast Regional extinction. A ‘‘threatened species,’’ on
Office, 501 W. Ocean Blvd., Suite 4200, the other hand, is not presently in
List of Topics Discussed in the Preliminary danger of extinction, but is likely to
Decision Memorandum
Long Beach, CA 90802, Attention:
Pacific Bluefin Tuna 12-month Finding. become so in the foreseeable future (that
I. Summary The documents are also available is, at a later time). In other words, the
II. Background primary statutory difference between a
III. Scope of the Order
electronically at http://
IV. Discussion of the Methodology www.westcoast.fisheries.noaa.gov/. threatened and endangered species is
A. Partial Rescission the timing of when a species may be in
FOR FURTHER INFORMATION CONTACT: Gary danger of extinction, either presently
B. NME Country Status
Rule, NMFS West Coast Region at (endangered) or in the foreseeable future
C. Separate Rates
V. Recommendation gary.rule@noaa.gov, (503) 230–5424; or (threatened).
Marta Nammack, NMFS Office of We determine whether any species is
[FR Doc. 2017–16690 Filed 8–7–17; 8:45 am]
Protected Resources at endangered or threatened as a result of
BILLING CODE 3510–DS–P
marta.nammack@noaa.gov, (301) 427– any one or a combination of the
8469. following five factors: The present or
DEPARTMENT OF COMMERCE threatened destruction, modification, or
SUPPLEMENTARY INFORMATION:
curtailment of its habitat or range;
National Oceanic and Atmospheric Background overutilization for commercial,
Administration recreational, scientific, or educational
On June 20, 2016, we received a purposes; disease or predation; the
[Docket No. 160719634–7697–02] petition from the Center for Biological inadequacy of existing regulatory
RIN 0648–XE756 Diversity (CBD), on behalf of 13 other mechanisms; or other natural or
co-petitioners, to list the Pacific bluefin manmade factors affecting its continued
Listing Endangered and Threatened tuna as threatened or endangered under existence (ESA section 4(a)(1)(A)–(E)).
Wildlife and Plants; Notice of 12-Month the ESA and to designate critical habitat Section 4(b)(1)(A) of the ESA requires us
Finding on a Petition To List the concurrently with its listing. On October to make listing determinations based
Pacific Bluefin Tuna as Threatened or 11, 2016, we published a positive 90- solely on the best scientific and
Endangered Under the Endangered day finding (81 FR 70074) announcing commercial data available after
Species Act that the petition presented substantial conducting a review of the status of the
AGENCY: National Marine Fisheries scientific or commercial information species and after taking into account
indicating that the petitioned action
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Service (NMFS), National Oceanic and efforts being made by any State or
Atmospheric Administration (NOAA), may be warranted. In our 90-day foreign nation or political subdivision
Commerce. finding, we also announced the thereof to protect the species.
ACTION: Notice of 12-month petition
initiation of a status review of the The petition to list Pacific bluefin
finding. Pacific bluefin tuna and requested tuna identified the risk classification
information to inform our decision on made by the International Union for
SUMMARY: We, NMFS, announce a 12- whether the species warrants listing as Conservation of Nature (IUCN). The
month finding on a petition to list the threatened or endangered under the IUCN assessed the status of Pacific
Pacific bluefin tuna (Thunnus ESA. bluefin tuna and categorized the species
VerDate Sep<11>2014 21:16 Aug 07, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\08AUN1.SGM 08AUN1](https://thefederalregister.org/doc/82_FR_37209/page/3.svg)
Document Created: 2017-08-08 00:17:35
Document Modified: 2017-08-08 00:17:35
| 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 | Applicable August 8, 2017. | |
| Contact | Julia Hancock or Courtney Canales, 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) 482-4997, respectively. | |
| FR Citation | 82 FR 37058 |
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