83_FR_55560 83 FR 55346 - Large Residential Washers From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2017-2018

83 FR 55346 - Large Residential Washers From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2017-2018

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 214 (November 5, 2018)

Page Range55346-55348
FR Document2018-24144

The Department of Commerce (Commerce) preliminarily determines that LG Electronics, Inc. (LGE) did not make sales of large residential washers at prices below normal value (NV) during the February 1, 2017, through January 31, 2018, period of review. We invite interested parties to comment on these preliminary results.

Federal Register, Volume 83 Issue 214 (Monday, November 5, 2018)
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Notices]
[Pages 55346-55348]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24144]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-868]


Large Residential Washers From the Republic of Korea: Preliminary 
Results of the Antidumping Duty Administrative Review; 2017-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that LG Electronics, Inc. (LGE) did not make sales of large residential 
washers at prices below normal value (NV) during the February 1, 2017, 
through January 31, 2018, period of review. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable November 5, 2018.

FOR FURTHER INFORMATION CONTACT: David Goldberger, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4136.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The products covered by the order are all large residential washers 
and certain subassemblies thereof from Korea. The products are 
currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 
of the Harmonized Tariff System of the United States (HTSUS). Products 
subject to this order may also enter under HTSUS subheadings 
8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the merchandise subject to this 
scope is dispositive.\1\
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    \1\ For a full description of the scope of the order, see 
Memorandum ``Decision Memorandum for the Preliminary Results of the 
2017-2018 Administrative Review of the Antidumping Duty Order on 
Large Residential Washers from Korea,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price and

[[Page 55347]]

constructed export price are calculated in accordance with section 772 
of the Act. NV is calculated in accordance with section 773 of the Act. 
For a full description of the methodology underlying our conclusions, 
see the Preliminary Decision Memorandum. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and 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 at http://enforcement.trade.gov/frn/. The 
signed Preliminary Decision Memorandum and the electronic version of 
the Preliminary Decision Memorandum are identical in content. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an Appendix to this notice.

Preliminary Results of the Review

    As a result of this review, Commerce preliminarily determines that 
a weighted-average margin of 0.00 percent exists for LGE for the period 
February 1, 2017, through January 31, 2018.

Disclosure and Public Comment

    We intend to disclose the calculations performed to parties in this 
segment of the proceeding within five days of the date of publication 
of this notice in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance no later than 30 
days after the date of publication of the preliminary results, unless 
the Secretary alters the time limit.\2\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the deadline for case briefs.\3\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.309(c).
    \3\ See 19 CFR 351.309(d).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, 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; and a list of the issues to be discussed. If a 
request for a hearing is made, Commerce 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.\4\ Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    All submissions, with limited exceptions, must be filed 
electronically using ACCESS. An electronically filed document must be 
received successfully in its entirety by 5 p.m. Eastern Time (ET) on 
the due date. Documents excepted from the electronic submission 
requirements must be filed manually (i.e., in paper form) with the APO/
Dockets Unit in Room 18022 and stamped with the date and time of 
receipt by 5 p.m. ET on the due date.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless the deadline is extended.\5\
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    \5\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
---------------------------------------------------------------------------

Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\6\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    We will calculate importer-specific ad valorem duty assessment 
rates based on the ratio of the total amount of antidumping duties 
calculated for the examined sales to the total entered value of the 
examined sales to that importer. Where either the respondent's 
weighted-average dumping margin is zero or de minimis within the 
meaning of 19 CFR 351.106(c), or an importer-specific assessment rate 
is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.\7\ The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\8\
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    \7\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \8\ See section 751(a)(2)(C) of the Act.
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    We intend to issue instructions to CBP 15 days after the 
publication date of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for LGE will be the 
rate established in the final results of this review, except if the 
rate is less than 0.50 percent and, therefore, de minimis within the 
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate 
will be zero; (2) for previously reviewed or investigated companies not 
participating in this review, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the less-than-fair-value (LTFV) investigation, but the manufacturer is, 
the cash deposit rate will be the rate established for the most recent 
period for the manufacturer of the merchandise; and (4) the cash 
deposit rate for all other manufacturers or exporters will continue to 
be 11.80 percent, the all-others rate established in the LTFV 
investigation.\9\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \9\ See Large Residential Washers From Mexico and the Republic 
of Korea: Antidumping Duty Orders, 78 FR 11148, 11150 (February 15, 
2013).
---------------------------------------------------------------------------

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping duties and/or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).


[[Page 55348]]


    Dated: October 29, 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

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
    A. Comparisons to Normal Value
    1. Determination of Comparison Method
    2. Results of the Differential Pricing Analysis
    B. Product Comparisons
    C. Export Price and Constructed Export Price
    D. Normal Value
    1. Home Market Viability and Selection of Comparison Market
    2. Affiliated Party Transactions and Arm's-Length Test
    3. Level of Trade
    E. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    F. Calculation of NV Based on Comparison Market Prices
    G. Calculation of NV Based on CV
    H. Currency Conversion
V. Recommendation

[FR Doc. 2018-24144 Filed 11-2-18; 8:45 am]
 BILLING CODE 3510-DS-P



     55346

     Notices                                                                                                       Federal Register
                                                                                                                   Vol. 83, No. 214

                                                                                                                   Monday, November 5, 2018



     This section of the FEDERAL REGISTER                    james.r.spletzer@census.gov. For TTY                  DEPARTMENT OF COMMERCE
     contains documents other than rules or                  callers, please call the Federal Relay
     proposed rules that are applicable to the               Service at 1–800–877–8339 and give                    International Trade Administration
     public. Notices of hearings and investigations,
                                                             them the above listed number. This                    [A–580–868]
     committee meetings, agency decisions and
     rulings, delegations of authority, filing of            service is free and confidential.
     petitions and applications and agency                                                                         Large Residential Washers From the
                                                             SUPPLEMENTARY INFORMATION:      Members
     statements of organization and functions are                                                                  Republic of Korea: Preliminary Results
                                                             of the FESAC are appointed by the                     of the Antidumping Duty
     examples of documents appearing in this
     section.                                                Secretary of Commerce. The Committee                  Administrative Review; 2017–2018
                                                             advises the Under Secretary for
                                                             Economic Affairs, the Directors of the                AGENCY:   Enforcement and Compliance,
     DEPARTMENT OF COMMERCE                                  BEA and the Census Bureau, and the                    International Trade Administration,
                                                             Commissioner of the Department of                     Department of Commerce.
     Bureau of the Census                                    Labor’s BLS on statistical methodology                SUMMARY: The Department of Commerce
                                                             and other technical matters related to                (Commerce) preliminarily determines
     Federal Economic Statistics Advisory                                                                          that LG Electronics, Inc. (LGE) did not
                                                             the collection, tabulation, and analysis
     Committee Meeting                                                                                             make sales of large residential washers
                                                             of federal economic statistics. The
     AGENCY: Bureau of the Census, U.S.                      Committee is established in accordance                at prices below normal value (NV)
     Department of Commerce.                                 with the Federal Advisory Committee                   during the February 1, 2017, through
     ACTION: Notice of public meeting.                       Act (Title 5, United States Code,                     January 31, 2018, period of review. We
                                                             Appendix 2).                                          invite interested parties to comment on
     SUMMARY:    The Bureau of the Census                                                                          these preliminary results.
     (U.S. Census Bureau) is giving notice of                   The meeting is open to the public,
                                                                                                                   DATES: Applicable November 5, 2018.
     a meeting of the Federal Economic                       and a brief period is set aside for public
                                                             comments and questions. Persons with                  FOR FURTHER INFORMATION CONTACT:
     Statistics Advisory Committee (FESAC).
                                                             extensive questions or statements must                David Goldberger, AD/CVD Operations,
     The Committee advises the Under
                                                             submit them in writing at least three                 Office II, Enforcement and Compliance,
     Secretary for Economic Affairs, the
                                                                                                                   International Trade Administration,
     Directors of the Bureau of Economic                     days before the meeting to the
                                                                                                                   U.S. Department of Commerce, 1401
     Analysis (BEA) and the Census Bureau,                   Designated Federal Official named
                                                                                                                   Constitution Avenue NW, Washington,
     and the Commissioner of the U.S.                        above.
     Department of Labor’s Bureau of Labor                                                                         DC 20230; telephone: (202) 482–4136.
                                                                This meeting is physically accessible              SUPPLEMENTARY INFORMATION:
     Statistics (BLS) on statistical
                                                             to people with disabilities. Requests for
     methodology and other technical                                                                               Scope of the Order
                                                             sign language interpretation or other
     matters related to the collection,
     tabulation, and analysis of federal                     auxiliary aids should also be directed to                The products covered by the order are
     economic statistics. If you plan to attend              the Designated Federal Official as soon               all large residential washers and certain
     the meeting, please register by Friday,                 as known, and preferably two weeks                    subassemblies thereof from Korea. The
     December 7, 2018. You may access the                    prior to the meeting.                                 products are currently classifiable under
     online registration form with the                          Due to security protocols and for                  subheadings 8450.20.0040 and
     following link: https://www.eventbrite.                 access to the meeting, please call 301–               8450.20.0080 of the Harmonized Tariff
     com/e/federal-economic-statistics-                      763–9906 upon arrival at the Census                   System of the United States (HTSUS).
     advisory-committee-fesac-meeting-                                                                             Products subject to this order may also
                                                             Bureau on the day of the meeting. A
     tickets-51549926217. Seating is                                                                               enter under HTSUS subheadings
                                                             photo identification must be presented
     available to the public on a first-come,                                                                      8450.11.0040, 8450.11.0080,
                                                             in order to receive your visitor’s badge.             8450.90.2000, and 8450.90.6000.
     first-served basis. An agenda will be                   Visitors are not allowed beyond the first
     accessible before the meeting at the                                                                          Although the HTSUS subheadings are
                                                             floor.                                                provided for convenience and customs
     following link: https://www.census.gov/
     fesac.                                                    Dated: October 30, 2018.                            purposes, the written description of the
     DATES: December 14, 2018. The meeting                   Ron S. Jarmin,                                        merchandise subject to this scope is
     will begin at approximately 9:00 a.m.                   Deputy Director, Performing the Non-                  dispositive.1
     and adjourn at approximately 4:30 p.m.                  Exclusive Functions and Duties of the                 Methodology
     ADDRESSES: The meeting will be held at                  Director, Bureau of the Census.
                                                                                                                     Commerce is conducting this review
     the U.S. Census Bureau Conference                       [FR Doc. 2018–24063 Filed 11–2–18; 8:45 am]
                                                                                                                   in accordance with sections 751(a)(1)(B)
     Center, 4600 Silver Hill Road, Suitland,                BILLING CODE 3510–07–P
                                                                                                                   and (2) of the Tariff Act of 1930, as
     MD 20746.                                                                                                     amended (the Act). Export price and
     FOR FURTHER INFORMATION CONTACT:
     James R. Spletzer, Designated Federal                                                                           1 For a full description of the scope of the order,

     Official, Department of Commerce, U.S.                                                                        see Memorandum ‘‘Decision Memorandum for the
     Census Bureau, Research and                                                                                   Preliminary Results of the 2017–2018
                                                                                                                   Administrative Review of the Antidumping Duty
     Methodology Directorate, Room 5K175,                                                                          Order on Large Residential Washers from Korea,’’
     4600 Silver Hill Road, Washington, DC                                                                         dated concurrently with, and hereby adopted by,
     20233, telephone 301–763–4069, email:                                                                         this notice (Preliminary Decision Memorandum).



VerDate Sep<11>2014   18:38 Nov 02, 2018   Jkt 247001   PO 00000   Frm 00001   Fmt 4703   Sfmt 4703   E:\FR\FM\05NON1.SGM   05NON1


                                  Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices                                                 55347

     constructed export price are calculated                 should contain the party’s name,                        We intend to issue instructions to
     in accordance with section 772 of the                   address, and telephone number; the                    CBP 15 days after the publication date
     Act. NV is calculated in accordance                     number of participants; and a list of the             of the final results of this review.
     with section 773 of the Act. For a full                 issues to be discussed. If a request for
     description of the methodology                          a hearing is made, Commerce intends to                Cash Deposit Requirements
     underlying our conclusions, see the                     hold the hearing at the U.S. Department                  The following cash deposit
     Preliminary Decision Memorandum.                        of Commerce, 1401 Constitution Avenue                 requirements will be effective for all
     The Preliminary Decision Memorandum                     NW, Washington, DC 20230, at a time
                                                                                                                   shipments of the subject merchandise
     is a public document and is on file                     and date to be determined.4 Parties
     electronically via Enforcement and                                                                            entered, or withdrawn from warehouse,
                                                             should confirm by telephone the date,
     Compliance’s Antidumping and                                                                                  for consumption on or after the
                                                             time, and location of the hearing two
     Countervailing Duty Centralized                         days before the scheduled date.                       publication date of the final results of
     Electronic Service System (ACCESS).                        All submissions, with limited                      this administrative review, as provided
     ACCESS is available to registered users                 exceptions, must be filed electronically              by section 751(a)(2)(C) of the Act: (1)
     at http://access.trade.gov and to all                   using ACCESS. An electronically filed                 The cash deposit rate for LGE will be
     parties in the Central Records Unit,                    document must be received successfully                the rate established in the final results
     room B8024 of the main Department of                    in its entirety by 5 p.m. Eastern Time                of this review, except if the rate is less
     Commerce building. In addition, a                       (ET) on the due date. Documents                       than 0.50 percent and, therefore, de
     complete version of the Preliminary                     excepted from the electronic submission               minimis within the meaning of 19 CFR
     Decision Memorandum can be accessed                     requirements must be filed manually                   351.106(c)(1), in which case the cash
     at http://enforcement.trade.gov/frn/.                   (i.e., in paper form) with the APO/                   deposit rate will be zero; (2) for
     The signed Preliminary Decision                         Dockets Unit in Room 18022 and                        previously reviewed or investigated
     Memorandum and the electronic                           stamped with the date and time of                     companies not participating in this
     version of the Preliminary Decision                     receipt by 5 p.m. ET on the due date.                 review, the cash deposit rate will
     Memorandum are identical in content.                       Commerce intends to issue the final                continue to be the company-specific rate
     A list of the topics discussed in the                   results of this administrative review,                published for the most recent period; (3)
     Preliminary Decision Memorandum is                      including the results of its analysis of              if the exporter is not a firm covered in
     attached as an Appendix to this notice.                 issues raised in any written briefs, not              this review, a prior review, or the less-
                                                             later than 120 days after the date of                 than-fair-value (LTFV) investigation, but
     Preliminary Results of the Review
                                                             publication of this notice, unless the                the manufacturer is, the cash deposit
       As a result of this review, Commerce                  deadline is extended.5
     preliminarily determines that a                                                                               rate will be the rate established for the
     weighted-average margin of 0.00 percent                 Assessment Rates                                      most recent period for the manufacturer
     exists for LGE for the period February 1,                  Upon issuance of the final results,                of the merchandise; and (4) the cash
     2017, through January 31, 2018.                         Commerce shall determine, and U.S.                    deposit rate for all other manufacturers
                                                             Customs and Border Protection (CBP)                   or exporters will continue to be 11.80
     Disclosure and Public Comment                                                                                 percent, the all-others rate established
                                                             shall assess, antidumping duties on all
        We intend to disclose the calculations               appropriate entries covered by this                   in the LTFV investigation.9 These
     performed to parties in this segment of                 review.6                                              deposit requirements, when imposed,
     the proceeding within five days of the                     We will calculate importer-specific ad             shall remain in effect until further
     date of publication of this notice in                   valorem duty assessment rates based on                notice.
     accordance with 19 CFR 351.224(b).                      the ratio of the total amount of
        Case briefs or other written comments                antidumping duties calculated for the                 Notification to Importers
     may be submitted to the Assistant                       examined sales to the total entered
     Secretary for Enforcement and                                                                                    This notice also serves as a
                                                             value of the examined sales to that                   preliminary reminder to importers of
     Compliance no later than 30 days after                  importer. Where either the respondent’s
     the date of publication of the                                                                                their responsibility under 19 CFR
                                                             weighted-average dumping margin is
     preliminary results, unless the Secretary                                                                     351.402(f) to file a certificate regarding
                                                             zero or de minimis within the meaning
     alters the time limit.2 Rebuttal briefs,                                                                      the reimbursement of antidumping and/
                                                             of 19 CFR 351.106(c), or an importer-
     limited to issues raised in the case                    specific assessment rate is zero or de                or countervailing duties prior to
     briefs, may be filed not later than five                minimis, we will instruct CBP to                      liquidation of the relevant entries
     days after the deadline for case briefs.3               liquidate the appropriate entries                     during this review period. Failure to
     Pursuant to 19 CFR 351.309(c)(2) and                    without regard to antidumping duties.7                comply with this requirement could
     (d)(2), parties who submit case briefs or               The final results of this review shall be             result in the Secretary’s presumption
     rebuttal briefs in this proceeding are                  the basis for the assessment of                       that reimbursement of antidumping
     encouraged to submit with each                          antidumping duties on entries of                      duties and/or countervailing duties
     argument: (1) A statement of the issue;                 merchandise covered by the final results              occurred and the subsequent assessment
     (2) a brief summary of the argument;                    of this review and for future deposits of             of double antidumping duties.
     and (3) a table of authorities.                         estimated duties, where applicable.8                     We are issuing and publishing these
        Pursuant to 19 CFR 351.310(c),
                                                                                                                   results in accordance with sections
     interested parties who wish to request a                  4 See 19 CFR 351.310(d).
     hearing must submit a written request to                  5 See
                                                                                                                   751(a)(1) and 777(i)(1) of the Act, and 19
                                                                     section 751(a)(3)(A) of the Act and 19 CFR
     the Assistant Secretary for Enforcement                 351.213(h).                                           CFR 351.221(b)(4).
                                                               6 See 19 CFR 351.212(b).
     and Compliance, U.S. Department of
                                                               7 See Antidumping Proceedings: Calculation of
     Commerce within 30 days after the date
                                                             the Weighted-Average Dumping Margin and
     of publication of this notice. Requests                 Assessment Rate in Certain Antidumping Duty
                                                                                                                     9 See Large Residential Washers From Mexico and
                                                             Proceedings; Final Modification, 77 FR 8101, 8103
       2 See 19 CFR 351.309(c).                              (February 14, 2012).                                  the Republic of Korea: Antidumping Duty Orders,
       3 See 19 CFR 351.309(d).                                8 See section 751(a)(2)(C) of the Act.              78 FR 11148, 11150 (February 15, 2013).



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     55348                       Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Notices

       Dated: October 29, 2018.                              Management Plan, which will replace                     Dated: October 25, 2018.
     Gary Taverman,                                          the plan previously approved in 2009.                 Keelin Kuipers,
     Deputy Assistant Secretary for Antidumping                 The revised Management Plan                        Deputy Director, Office for Coastal
     and Countervailing Duty Operations                      outlines the administrative structure;                Management, National Ocean Service,
     performing the non-exclusive functions and              the research/monitoring, stewardship,                 National Oceanic and Atmospheric
     duties of the Assistant Secretary for                   education, and training programs of the               Administration.
     Enforcement and Compliance.                                                                                   [FR Doc. 2018–24196 Filed 11–2–18; 8:45 am]
                                                             Reserve; and the plans for future land
     Appendix                                                acquisition and facility development to               BILLING CODE 3510–08–P

     List of Topics Discussed in the Preliminary
                                                             support Reserve operations.
     Decision Memorandum                                        The Jacques Cousteau Reserve takes
                                                                                                                   DEPARTMENT OF COMMERCE
     I. Summary                                              an integrated approach to management,
     II. Background                                          linking research, education, coastal                  National Oceanic and Atmospheric
     III. Scope of the Order                                 training, and stewardship functions.                  Administration
     IV. Discussion of the Methodology                       The Reserve has outlined how it will
        A. Comparisons to Normal Value                       manage administration and its core                    RIN 0648–XG383
        1. Determination of Comparison Method                program providing detailed actions that
        2. Results of the Differential Pricing               will enable it to accomplish specific                 Takes of Marine Mammals Incidental to
           Analysis                                          goals and objectives. Since the last                  Specified Activities; Taking Marine
        B. Product Comparisons                                                                                     Mammals Incidental to the Gustavus
        C. Export Price and Constructed Export
                                                             management plan, the reserve has:
                                                             Developed core programs; expanded                     Ferry Terminal Improvements Project
           Price
        D. Normal Value                                      monitoring programs within Jacques                    AGENCY:  National Marine Fisheries
        1. Home Market Viability and Selection of            Cousteau and its watershed; enhanced                  Service (NMFS), National Oceanic and
           Comparison Market                                 exhibits and trails; provided technical               Atmospheric Administration (NOAA),
        2. Affiliated Party Transactions and Arm’s-          assistance to coastal communities                     Commerce.
           Length Test                                       throughout the state of New Jersey,
        3. Level of Trade                                                                                          ACTION: Notice; issuance of an Incidental
                                                             conducted training workshops;                         Harassment Authorization.
        E. Cost of Production Analysis                       implemented K–12 education programs;
        1. Calculation of COP
        2. Test of Comparison Market Sales Prices
                                                             and built new and innovative                          SUMMARY:  In accordance with the
        3. Results of the COP Test                           partnerships with local, state, regional,             regulations implementing the Marine
        F. Calculation of NV Based on Comparison             and U.S. organizations and universities.              Mammal Protection Act (MMPA) as
           Market Prices                                        On January 9, 2018, NOAA issued a                  amended, notification is hereby given
        G. Calculation of NV Based on CV                     notice of a thirty day public comment                 that we have issued an Incidental
        H. Currency Conversion                               period for the Jacques Cousteau Reserve               Harassment Authorization (IHA) to take
     V. Recommendation                                       revised plan (83 FR 1027). Responses to               small numbers of animals, by Level A
     [FR Doc. 2018–24144 Filed 11–2–18; 8:45 am]             the written and oral comments received,               and Level B harassment, incidental to
     BILLING CODE 3510–DS–P                                  and an explanation of how comments                    the Gustavus Ferry Terminal
                                                             were incorporated into the final revised              Improvements project in Gustavus,
                                                             plan, are available in Appendix D of the              Alaska
     DEPARTMENT OF COMMERCE                                  revised plan.                                         DATES:  The authorization is effective
     National Oceanic and Atmospheric                           The revised Management Plan will                   from December 15, 2018, through
     Administration                                          serve as the guiding document for the                 December 14, 2019.
                                                             Jacques Cousteau Reserve. View the                    FOR FURTHER INFORMATION CONTACT: Rob
     National Estuarine Research Reserve                     Jacques Cousteau Reserve Management                   Pauline, Office of Protected Resources,
     System                                                  Plan at URL: https://jcnerr.org/JCNERR_               NMFS, (301) 427–8401. Electronic
                                                             REVISEDMGMTPLAN%202018.                               copies of the application, supporting
     AGENCY:  Stewardship Division, Office                   2022.pdf.
     for Coastal Management, National                                                                              documents, as well as the issued IHA
                                                                The impacts of the revised                         may be obtained online at: https://
     Ocean Service, National Oceanic and                     management plan have not changed and
     Atmospheric Administration, U.S.                                                                              www.fisheries.noaa.gov/national/
                                                             the initial Environmental Impact                      marine-mammal-protection/incidental-
     Department of Commerce.                                 Statement (EIS) prepared at the time of               take-authorizations-construction-
     ACTION: Notice of approval for the                      designation is still valid. NOAA has                  activities. In case of problems accessing
     Jacques Cousteau, New Jersey National                   made the determination that the                       these documents, please call the contact
     Estuarine Research Reserve                              revision of the management plan will                  listed above.
     Management Plan revision.                               not have a significant effect on the
                                                                                                                   SUPPLEMENTARY INFORMATION:
     SUMMARY:  Under applicable Federal                      human environment and therefore
     regulations, notice is hereby given that                qualifies for a categorical exclusion                 Background
     the Stewardship Division, Office for                    under NOAA Administrative Order                         The MMPA prohibits the ‘‘take’’ of
     Coastal Management, National Ocean                      216–6. An environmental assessment                    marine mammals, with certain
     Service, National Oceanic and                           will not be prepared.                                 exceptions. Sections 101(a)(5)(A) and
     Atmospheric Administration, U.S.                        FOR FURTHER INFORMATION CONTACT:                      (D) of the MMPA (16 U.S.C. 1361 et
     Department of Commerce approves the                     Nina Garfield at (240) 533–0817 or Erica              seq.) direct the Secretary of Commerce
     revised Management Plan for the                         Seiden at (240) 533–0781 of NOAA’s                    (as delegated to NMFS) to allow, upon
     Jacques Cousteau, New Jersey National                   National Ocean Service, Stewardship                   request, the incidental, but not
     Estuarine Research Reserve                              Division, Office for Coastal                          intentional, taking of small numbers of
     Management Plan. In accordance with                     Management, 1305 East-West Highway,                   marine mammals by U.S. citizens who
     applicable Federal regulations, the                     N/ORM5, 10th floor, Silver Spring, MD                 engage in a specified activity (other than
     Jacques Cousteau Reserve revised its                    20910.                                                commercial fishing) within a specified


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Document Created: 2018-11-03 00:29:21
Document Modified: 2018-11-03 00:29:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesApplicable November 5, 2018.
ContactDavid Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4136.
FR Citation83 FR 55346 

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