83 FR 11694 - Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 52 (March 16, 2018)
International Trade Administration
Federal Register Volume 83, Issue 52 (March 16, 2018)
| Page Range | 11694-11696 | |
| FR Document | 2018-05377 |
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)] [Notices] [Pages 11694-11696] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05377] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-017] Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires From the People's Republic of China: Final Results of Countervailing Duty Administrative Review; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that the mandatory respondents GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/ GITI Tire (Fujian) Company Ltd (GITI Fujian)/GITI Tire (Hualin) Company Ltd. (GITI Hualin) (collectively, GITI) and Cooper (Kunshan) Tire Co., Ltd. (Cooper), exporters of passenger vehicle and light truck tires from the People's Republic of China (China) received countervailable subsidies during the period of review (POR) December 1, 2014, through December 31, 2015. We also find that Zhongce Rubber Group Company Limited (Zhongce) received countervailable subsidies during the POR, based on adverse facts available. DATES: Applicable March 16, 2018. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4261. Background Commerce published the Preliminary Results of this administrative review in the Federal Register on September 7, 2017.\1\ On September 22, 2017, United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL- CIO, CLC (the petitioner) submitted comments regarding alleged deficiencies in the record. In response to the petitioner's deficiency comments letter, on September 28, 2017, Commerce issued supplemental questionnaires to GITI and Cooper. GITI and Cooper submitted timely responses to the September 28, 2017, supplemental questionnaires on October 13, 2017. --------------------------------------------------------------------------- \1\ See Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission, in Part; 2014-2015, 82 FR 42287 (September 7, 2017) (Preliminary Results). --------------------------------------------------------------------------- We invited interested parties to comment on the Preliminary Results. On November 22, 2017, we received case briefs from the following interested parties: Cooper; GITI; the petitioner; and the Government of China (GOC). On December 4, 2017, the Commerce received timely rebuttal comments from GITI, and on December 5, 2017, we received timely rebuttal comments from Cooper, the petitioner and the GOC. On December 13, 2017, Commerce rejected the case brief submitted by GITI because we determined the brief contained untimely new factual information. GITI timely resubmitted its case brief on December 15, 2017. On December 8, 2017, in accordance with section 751(a)(3)(A) of the Act, Commerce extended the period for issuing the final results of this review by 60 days, to March 6, 2018.\2\ Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from January 20 through 22, 2018. If the new deadline falls on a non-business day, in accordance with Commerce's practice, the deadline will become the next business day. The revised deadline for the final results of this review is now March 9, 2018.\3\ --------------------------------------------------------------------------- \2\ See Commerce Memorandum, ``Administrative Review of the Countervailing Duty Order on Passenger Vehicle and Light Truck Tires from the People's Republic of China: Extension of Deadline for Final Results,'' (December 8, 2017). \3\ See Memorandum for The Record from Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, ``Deadlines Affected by the Shutdown of the Federal Government'' (Tolling Memorandum), dated January 23, 2018. All deadlines in this segment of the proceeding have been extended by 3 days. --------------------------------------------------------------------------- Scope of the Order The products covered by the order are certain passenger vehicle and light truck tires from China. A full description of the scope of the order is contained in the Issues and Decision Memorandum.\4\ --------------------------------------------------------------------------- \4\ See ``Decision Memorandum for the Final Results of the Administrative Review of the Countervailing Duty Order on Certain Passenger Vehicle and Light Truck Tires from the People's Republic of China; 2014-2015,'' dated concurrently with this notice (Issues and Decision Memorandum) and hereby adopted by this notice. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in interested parties' briefs are addressed in the Issues and Decision Memorandum accompanying this notice. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum is provided in Appendix I to this notice. 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 https://access.trade.gov and 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 can be access directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on case briefs, rebuttal briefs, and all supporting documentation, we made changes from the Preliminary Results. Commerce has adjusted the AFA rate applied to Zhongce, modified its attribution of subsidies received by various Cooper affiliates to Cooper, adjusted the denominators for both respondents, adjusted the synthetic rubber and butadiene benchmarks for GITI, adjusted the inland freight rates used to construct the benchmark for carbon black for both respondents, and corrected various ministerial errors for both respondents. [[Page 11695]] Methodology Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found to be countervailable, we find that there is a subsidy, i.e., a financial contribution from a government or public entity that gives rise to a benefit to the recipient, and that the subsidy is specific.\5\ For a full description of the methodology underlying all of Commerce's conclusions, including any determination that relied upon the use of adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Issues and Decision Memorandum. --------------------------------------------------------------------------- \5\ See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. --------------------------------------------------------------------------- Final Results of Administrative Review In accordance with 19 CFR 351.221(b)(5), we calculated a countervailable subsidy rate for the mandatory respondents, Cooper and GITI, and a rate based on facts available for Zhongce. For the non- selected companies subject to this review,\6\ we followed Commerce's practice, which is to base the subsidy rates on an average of the subsidy rates calculated for those companies selected for individual review, excluding de minimis rates or rates based entirely on adverse facts available.\7\ In this case, for the non-selected companies, we have calculated a rate by weight-averaging the calculated subsidy rates of Cooper and GITI using their publicly-ranged sales data for exports of subject merchandise to the United States during the POR. We find the countervailable subsidy rates for the producers/exporters under review to be as follows: --------------------------------------------------------------------------- \6\ See Appendix II. \7\ See, e.g., Certain Pasta from Italy: Preliminary Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 18806, 18811 (April 13, 2010), unchanged in Certain Pasta from Italy: Final Results of the 13th (2008) Countervailing Duty Administrative Review, 75 FR 37386 (June 29, 2010). ------------------------------------------------------------------------ Subsidy rate Company (percent) ------------------------------------------------------------------------ GITI Tire Global Trading Pte. Ltd./GITI Tire (USA) Ltd./ 20.68 GITI Radial Tire (Anhui) Company Ltd. (GITI Anhui Radial)/GITI Tire (Fujian) Company Ltd (GITI Fujian)/ GITI Tire (Hualin) Company Ltd. (GITI Hualin) (collectively, GITI)................................... Cooper (Kunshan) Tire Co., Ltd. (Cooper)................ 16.16 Zhongce Rubber Group Company Limited.................... 119.46 Non-Selected Companies Under Review..................... 19.13 ------------------------------------------------------------------------ Disclosure We will disclose to the parties in this proceeding the calculations performed for these final results within five days of the date of publication of this notice in the Federal Register.\8\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.224(b). --------------------------------------------------------------------------- Assessment Rates Consistent with 19 CFR 351.212(b)(2), we intend to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of publication of these final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after December 1, 2014, through December 31, 2015, at the ad valorem rates listed above. Cash Deposit Instructions In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated countervailing duties in the amounts shown for each of the respective companies listed above. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 9, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I List of Topics Discussed in the Issues and Decision Memorandum Summary Background List of Comments From Interested Parties Scope of the Order Changes Since the Preliminary Results Non-Selected Companies Under Review Subsidies Valuation Information Allocation Period Attribution of Subsidies Denominators Benchmarks and Discount Rates Use of Facts Otherwise Available and Adverse Inferences Programs Determined To Be Countervailable Programs Determined Not To Be Used or Not To Confer Measurable Benefits During the POR Analysis of Comments Comment 1: Zhongce's AFA Rate Comment 2: Cooper's 2014 Subsidies and Sales Comment 3: Cooper's Resellers Comment 4: GITI Companies' Sales Denominator Comment 5. Inland Freight Rate for Carbon Black Benchmark Comment 6: Provision of Inputs for LTAR Comment 7: Grade Specific Benchmarks Comment 8: Income Tax Programs Comment 9: Grant Programs Comment 10: Rate for Non-Selected Companies Comment 11: RMB Denominated Loans for GITI Chongqing Comment 12: Reporting Errors in GITI's Loan Template Comment 13: Cooper's Former Cross-Owned Affiliated Producer Comment 14: Alleged Error in Cooper's Margin Calculation Comment 15: CKT Acquired Land Benefit Comment 16: Commerce's Selection of Pricing Benchmarks Comment 17: Nylon Cord Benchmarks for GITI Comment 18: Ocean Freight and Import Duties Added to Tier 1 or Tier 2 Benchmarks Comment 19: Export Buyers Credit Comment 20: Other Subsidies Recommendation Appendix--Non-Selected Companies Under Review Appendix II Non-Selected Companies Under Review 1. American Pacific Industries, Inc. 2. BC Tyre Group Limited 3. Crown International Corporation 4. Fleming Limited 5. Guangrao Taihua International Trade Co., [[Page 11696]] Ltd. 6. Haohua Orient International Trade Ltd. 7. Hong Kong Tiancheng Investment & Trading Co., Limited 8. Jilin Jixing Tire Co., Ltd. 9. Kenda Rubber (China) Co., Ltd. 10. Liaoning Permanent Tyre Co., Ltd. 11. Macho Tire Corporation Limited 12. Maxon Int'l Co., Limited 13. Qingdao Crown Chemical Co., Ltd. 14. Qingdao Goalstar Tire Co., Ltd. 15. Qingdao Keter International Co., Limited 16. Qingdao Lakesea Tyre Co., Ltd. 17. Qingdao Nama Industrial Co., Ltd. 18. Qingdao Odyking Tyre Co., Ltd. 19. Qingdao Sentury Tire Co., Ltd. 20. Qingzhou Detai International Trading Co., Ltd. 21. Riversun Industry Limited 22. Safe&Well (HK) International Trading Limited 23. Shandong Anchi Tyres Co., Ltd. 24. Shandong Changhong Rubber Technology Co., Ltd. 25. Shandong Guofeng Rubber Plastics Co., Ltd. 26. Shandong Haohua Tire Co., Ltd. 27. Shandong Hawk International Rubber Industry Co., Ltd. 28. Shandong Hengyu Science & Technology Co., Ltd. 29. Shandong Linglong Tyre Co., Ltd. 30. Shandong Longyue Rubber Co., Ltd. 31. Shandong New Continent Tire Co., Ltd. 32. Shandong Province Sanli Tire Manufactured Co., Ltd. 33. Shandong Yongtai Group Co., Ltd. (formerly known as Shandong Yongtai Chemical Co., Ltd.) 34. Shandong Zhongyi Rubber Co., Ltd. 35. Shangong Shuangwang Rubber Co., Ltd. 36. Shengtai Group Co., Ltd. 37. Shouguang Firemax Tyre Co., Ltd. 38. Southeast Mariner International Co., Ltd. 39. Tyrechamp Group Co., Limited 40. Windforce Tyre Co., Limited 41. Zhaoqing Junhong Co., Ltd. [FR Doc. 2018-05377 Filed 3-15-18; 8:45 am] BILLING CODE 3510-DS-P
![11694 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
2. BC Tyre Group Limited DATES: Applicable March 16, 2018. the final results of this review is now
3. Best Choice International Trade Co., FOR FURTHER INFORMATION CONTACT: March 9, 2018.3
Limited
Andrew Huston, AD/CVD Operations,
4. Cheng Shin Tire & Rubber (China) Co., Ltd. Scope of the Order
5. Guangzhou Pearl River Rubber Tyre Ltd. Office VII, Enforcement and
6. Hebei Tianrui Rubber Co., Ltd. Compliance, International Trade The products covered by the order are
7. Hong Kong Tri-Ace Tire Co., Limited Administration, U.S. Department of certain passenger vehicle and light truck
8. Hwa Fong Rubber (Hong Kong) Ltd. Commerce, 1401 Constitution Avenue tires from China. A full description of
9. ITG Voma Corporation NW, Washington, DC 20230; telephone the scope of the order is contained in
10. Nankang International Co., Ltd. (202) 482–4261.
11. Nankang Rubber Tire Corp., Ltd.
the Issues and Decision Memorandum.4
12. Pirelli Tyre Co., Ltd. Background Analysis of Comments Received
13. Qingdao Goalstar Tire Co., Ltd. Commerce published the Preliminary
14. Qingdao Nexen Tire Corporation Results of this administrative review in All issues raised in interested parties’
15. Qingdao Qianzhen Tyre Co., Ltd. briefs are addressed in the Issues and
16. Qingdao Qihang Tyre Co., Ltd.
the Federal Register on September 7,
2017.1 On September 22, 2017, United Decision Memorandum accompanying
17. Qingdao Qizhou Rubber Co., Ltd.
18. Shandong Changhong Rubber Tech Steel, Paper and Forestry, Rubber, this notice. A list of the issues raised by
19. Shandong Good Forged Alum Wheel Manufacturing, Energy, Allied interested parties and to which we
20. Shandong Haohua Tire Co., Ltd. Industrial and Service Workers responded in the Issues and Decision
21. Shandong Haolong Rubber Tire Co., Ltd. International Union, AFL–CIO, CLC (the Memorandum is provided in Appendix
22. Shandong Huitong Tyre Co., Ltd. petitioner) submitted comments I to this notice. The Issues and Decision
23. Shandong Sangong Rubber Co., Ltd. regarding alleged deficiencies in the Memorandum is a public document and
24. Shangong Ogreen International Trade Co., record. In response to the petitioner’s is on file electronically via Enforcement
Ltd.
25. Shifeng Juxing Tire Co., Ltd.
deficiency comments letter, on and Compliance’s Antidumping and
26. Southeast Mariner International Co., Ltd. September 28, 2017, Commerce issued Countervailing Duty Centralized
27. Toyo Tire (Zhangjiagang) Co., Ltd. supplemental questionnaires to GITI Electronic Service System (ACCESS).
28. Wanli Group Trade Limited and Cooper. GITI and Cooper submitted ACCESS is available to registered users
29. Xiamen Sunrise Wheel Group Co., Ltd. timely responses to the September 28, at https://access.trade.gov and in the
30. Xiamen Topu Import 2017, supplemental questionnaires on Central Records Unit, room B8024 of the
31. Zhejiang Jingu Company Limited October 13, 2017. main Department of Commerce
32. Zhejiang Qingda Rubber Co., Ltd. We invited interested parties to building. In addition, a complete
[FR Doc. 2018–05376 Filed 3–15–18; 8:45 am] comment on the Preliminary Results. On version of the Issues and Decision
BILLING CODE 3510–DS–P November 22, 2017, we received case Memorandum can be access directly at
briefs from the following interested http://enforcement.trade.gov/frn/. The
parties: Cooper; GITI; the petitioner; and signed and electronic versions of the
DEPARTMENT OF COMMERCE the Government of China (GOC). On Issues and Decision Memorandum are
December 4, 2017, the Commerce identical in content.
International Trade Administration received timely rebuttal comments from
[C–570–017] GITI, and on December 5, 2017, we Changes Since the Preliminary Results
received timely rebuttal comments from
Countervailing Duty Order on Certain Cooper, the petitioner and the GOC. On Based on case briefs, rebuttal briefs,
Passenger Vehicle and Light Truck December 13, 2017, Commerce rejected and all supporting documentation, we
Tires From the People’s Republic of the case brief submitted by GITI because made changes from the Preliminary
China: Final Results of Countervailing we determined the brief contained Results. Commerce has adjusted the
Duty Administrative Review; 2014– untimely new factual information. GITI AFA rate applied to Zhongce, modified
2015 timely resubmitted its case brief on its attribution of subsidies received by
December 15, 2017. various Cooper affiliates to Cooper,
AGENCY: Enforcement and Compliance, On December 8, 2017, in accordance adjusted the denominators for both
International Trade Administration, with section 751(a)(3)(A) of the Act, respondents, adjusted the synthetic
Department of Commerce. Commerce extended the period for rubber and butadiene benchmarks for
SUMMARY: The Department of Commerce issuing the final results of this review by GITI, adjusted the inland freight rates
(Commerce) determines that the 60 days, to March 6, 2018.2 Commerce used to construct the benchmark for
mandatory respondents GITI Tire Global exercised its discretion to toll all carbon black for both respondents, and
Trading Pte. Ltd./GITI Tire (USA) Ltd./ deadlines affected by the closure of the corrected various ministerial errors for
GITI Radial Tire (Anhui) Company Ltd. Federal Government from January 20 both respondents.
(GITI Anhui Radial)/GITI Tire (Fujian) through 22, 2018. If the new deadline
Company Ltd (GITI Fujian)/GITI Tire falls on a non-business day, in 3 See Memorandum for The Record from
(Hualin) Company Ltd. (GITI Hualin) accordance with Commerce’s practice, Christian Marsh, Deputy Assistant Secretary for
(collectively, GITI) and Cooper Enforcement and Compliance, performing the non-
the deadline will become the next exclusive functions and duties of the Assistant
(Kunshan) Tire Co., Ltd. (Cooper), business day. The revised deadline for Secretary for Enforcement and Compliance,
exporters of passenger vehicle and light ‘‘Deadlines Affected by the Shutdown of the
truck tires from the People’s Republic of 1 See Certain Passenger Vehicle and Light Truck Federal Government’’ (Tolling Memorandum),
China (China) received countervailable Tires from the People’s Republic of China: dated January 23, 2018. All deadlines in this
daltland on DSKBBV9HB2PROD with NOTICES
Preliminary Results of Countervailing Duty segment of the proceeding have been extended by
subsidies during the period of review Administrative Review and Rescission, in Part; 3 days.
(POR) December 1, 2014, through 2014–2015, 82 FR 42287 (September 7, 2017) 4 See ‘‘Decision Memorandum for the Final
December 31, 2015. We also find that (Preliminary Results). Results of the Administrative Review of the
Zhongce Rubber Group Company 2 See Commerce Memorandum, ‘‘Administrative Countervailing Duty Order on Certain Passenger
Review of the Countervailing Duty Order on Vehicle and Light Truck Tires from the People’s
Limited (Zhongce) received Passenger Vehicle and Light Truck Tires from the Republic of China; 2014–2015,’’ dated concurrently
countervailable subsidies during the People’s Republic of China: Extension of Deadline with this notice (Issues and Decision Memorandum)
POR, based on adverse facts available. for Final Results,’’ (December 8, 2017). and hereby adopted by this notice.
VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/83_FR_11746/page/1.svg)
![11696 Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices
Ltd. that NMFS has issued an incidental mammal or marine mammal stock in the
6. Haohua Orient International Trade Ltd. harassment authorization (IHA) to the wild (Level A harassment); or (ii) has
7. Hong Kong Tiancheng Investment & Partnership for Interdisciplinary Study the potential to disturb a marine
Trading Co., Limited
of Coastal Oceans (PISCO) at the mammal or marine mammal stock in the
8. Jilin Jixing Tire Co., Ltd.
9. Kenda Rubber (China) Co., Ltd. University of California Santa Cruz wild by causing disruption of behavioral
10. Liaoning Permanent Tyre Co., Ltd. (UCSC) to incidentally harass, by Level patterns, including, but not limited to,
11. Macho Tire Corporation Limited B harassment only, marine mammals migration, breathing, nursing, breeding,
12. Maxon Int’l Co., Limited during rocky intertidal monitoring feeding, or sheltering (Level B
13. Qingdao Crown Chemical Co., Ltd. surveys. harassment).
14. Qingdao Goalstar Tire Co., Ltd.
15. Qingdao Keter International Co., Limited DATES: This Authorization is effective National Environmental Policy Act
16. Qingdao Lakesea Tyre Co., Ltd. from March 12, 2018, through March 11, To comply with the National
17. Qingdao Nama Industrial Co., Ltd. 2019. Environmental Policy Act of 1969
18. Qingdao Odyking Tyre Co., Ltd. FOR FURTHER INFORMATION CONTACT: Rob (NEPA; 42 U.S.C. 4321 et seq.) and
19. Qingdao Sentury Tire Co., Ltd. Pauline, Office of Protected Resources,
20. Qingzhou Detai International Trading Co.,
NOAA Administrative Order (NAO)
NMFS, (301) 427–8401. Electronic 216–6A, NMFS must review our
Ltd.
21. Riversun Industry Limited
copies of the application and supporting proposed action (i.e., the issuance of an
22. Safe&Well (HK) International Trading documents, as well as a list of the incidental harassment authorization)
Limited references cited in this document, may with respect to potential impacts on the
23. Shandong Anchi Tyres Co., Ltd. be obtained online at: human environment.
24. Shandong Changhong Rubber Technology www.nmfs.noaa.gov/pr/permits/ This action is consistent with
Co., Ltd. incidental/research.htm. In case of categories of activities identified in
25. Shandong Guofeng Rubber Plastics Co., problems accessing these documents, Categorical Exclusion B4 (CE B4)
Ltd. please call the contact listed above. (incidental harassment authorizations
26. Shandong Haohua Tire Co., Ltd.
27. Shandong Hawk International Rubber SUPPLEMENTARY INFORMATION: with no anticipated serious injury or
Industry Co., Ltd. mortality) of the Companion Manual for
Background NOAA Administrative Order 216–6A,
28. Shandong Hengyu Science & Technology
Co., Ltd. Sections 101(a)(5)(A) and (D) of the which do not individually or
29. Shandong Linglong Tyre Co., Ltd. MMPA (16 U.S.C. 1361 et seq.) direct cumulatively have the potential for
30. Shandong Longyue Rubber Co., Ltd. the Secretary of Commerce (as delegated significant impacts on the quality of the
31. Shandong New Continent Tire Co., Ltd. to NMFS) to allow, upon request, the human environment and for which we
32. Shandong Province Sanli Tire incidental, but not intentional, taking of have not identified any extraordinary
Manufactured Co., Ltd.
33. Shandong Yongtai Group Co., Ltd.
small numbers of marine mammals by circumstances that would preclude this
(formerly known as Shandong Yongtai U.S. citizens who engage in a specified categorical exclusion. Accordingly,
Chemical Co., Ltd.) activity (other than commercial fishing) NMFS has determined that the issuance
34. Shandong Zhongyi Rubber Co., Ltd. within a specified geographical region if of the IHA qualifies to be categorically
35. Shangong Shuangwang Rubber Co., Ltd. certain findings are made and either excluded from further NEPA review.
36. Shengtai Group Co., Ltd. regulations are issued or, if the taking is
37. Shouguang Firemax Tyre Co., Ltd. Summary of Request
limited to harassment, a notice of a
38. Southeast Mariner International Co., Ltd. proposed authorization is provided to On September 26, 2017, NMFS
39. Tyrechamp Group Co., Limited received a request from PISCO for an
40. Windforce Tyre Co., Limited
the public for review.
An authorization for incidental IHA to take marine mammals incidental
41. Zhaoqing Junhong Co., Ltd.
takings shall be granted if NMFS finds to rocky intertidal monitoring surveys
[FR Doc. 2018–05377 Filed 3–15–18; 8:45 am] along the Oregon and California coasts.
that the taking will have a negligible
BILLING CODE 3510–DS–P impact on the species or stock(s), will PISCO’s request is for take of California
not have an unmitigable adverse impact sea lions (Zalophus californianus),
on the availability of the species or harbor seals (Phoca vitulina richardii),
DEPARTMENT OF COMMERCE and northern elephant seals (Mirounga
stock(s) for subsistence uses (where
National Oceanic and Atmospheric relevant), and if the permissible angustirostris). Take is anticipated to
Administration methods of taking and requirements result from the specified activity by
pertaining to the mitigation, monitoring Level B harassment only. Neither PISCO
RIN 0648–XF869 and reporting of such takings are set nor NMFS expect mortality to result
forth. from this activity and, therefore, an IHA
Takes of Marine Mammals Incidental to NMFS has defined ‘‘negligible is appropriate.
Specified Activities; Taking Marine impact’’ in 50 CFR 216.103 as an impact This IHA would cover one year of a
Mammals Incidental to Rocky Intertidal resulting from the specified activity that larger project for which PISCO obtained
Monitoring Surveys Along the Oregon cannot be reasonably expected to, and is prior IHAs. This multiyear annual
and California Coasts not reasonably likely to, adversely affect survey involves surveying rocky
AGENCY: National Marine Fisheries the species or stock through effects on intertidal zones in a number of locations
Service (NMFS), National Oceanic and annual rates of recruitment or survival. in Oregon and California. NMFS has
Atmospheric Administration (NOAA), The MMPA states that the term ‘‘take’’ previously issued five IHAs for this
Commerce. means to harass, hunt, capture, kill or ongoing survey project (77 FR 72327,
daltland on DSKBBV9HB2PROD with NOTICES
ACTION: Notice; issuance of an incidental attempt to harass, hunt, capture, or kill December 5, 2012; 78 FR 79403,
harassment authorization. any marine mammal. December 30, 2013; 79 FR 73048,
Except with respect to certain December 9, 2014; 81 FR 7319, February
SUMMARY: In accordance with the activities not pertinent here, the MMPA 2, 2016; 82 FR 12568, March 6, 2017).
regulations implementing the Marine defines ‘‘harassment’’ as: Any act of PISCO complied with all the
Mammal Protection Act (MMPA) as pursuit, torment, or annoyance which (i) requirements (e.g., mitigation,
amended, notification is hereby given has the potential to injure a marine monitoring, and reporting) of the
VerDate Sep<11>2014 21:54 Mar 15, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\16MRN1.SGM 16MRN1](https://thefederalregister.org/doc/83_FR_11746/page/3.svg)
Document Created: 2018-03-16 01:12:10
Document Modified: 2018-03-16 01:12:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable March 16, 2018. | |
| Contact | Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone (202) 482-4261. | |
| FR Citation | 83 FR 11694 |
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