Circular Welded Carbon Steel Pipes and Tubes from Thailand: Notice of Court Decision Not In Harmony with Final Results of Administrative Review, 33726-33727 [E6-9124]
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33726
Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
dsatterwhite on PROD1PC76 with NOTICES
the Export Administration Act of 1979,
as amended (50 U.S.C. app. §§ 2401–
2420 (2000)) (‘‘Act’’),2 through issuance
of a charging letter to Yamnik that
alleged that Yamnik committed two
violations of the Regulations.
Specifically, the charges are:
1. One violation of 15 CFR 764.2(a)—
Exporting an item subject to the
Regulations without a license: On or
about January 6, 2001, Yamnik engaged
in conduct prohibited by the
Regulations when he exported
fingerprint powders classified under
Export Control Classification Number
(‘‘ECCN’’) 1A985 on the Commerce
Control List (‘‘CCL’’) to Belarus without
the license required by the U.S.
Department of Commerce. Under
Section 742.7 of the Regulations, a BIS
export license was required for this
export, but no such license was
obtained.
2. One violation of 15 CFR 764.2(e)—
Transfer of an item with knowledge that
a violation would subsequently occur:
One or about January 6, 2001, Yamnik
transferred fingerprint powders
classified under ECCN 1A985 on the
CCL to Belarus with knowledge that a
violation of the Regulations would
occur in connection with the items.
Specifically, Yamnik transferred the
fingerprint powders to Belarus without
the license required by the U.S.
Department of Commerce despite
knowing that such license was required
under the Regulations, and that such
license would not be obtained. Yamnik
transferred the items with knowledge
that the U.S. Department of Commerce
has notified Edsons that Edson’s
application for a license to export the
items had been denied.
Whereas, BIS and Yamnik have
entered into a Settlement Agreement
pursuant to Section 766.18(b) of the
Regulations whereby they agreed to
settle this matter in accordance with the
terms and conditions set forth therein,
and
Whereas I have approved of the terms
of such Settlement Agreement;
It is therefore ordered:
First, for a period of ten years from the
date on which this Order is published
in the Federal Register, Eduard
Mendelevich Yamnik, 7133 Valley View
Road, Edina, MN 55439 and when
acting for or on behalf of Yamnik, his
representatives, agents, or employees
2 Since August 21, 2001, the Act has been in lapse
and the President, through Executive Order 13222
of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)),
as extended by the Notice of August 2, 2005 (70 FR
45273, August 5, 2005), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)).
VerDate Aug<31>2005
19:52 Jun 09, 2006
Jkt 208001
(‘‘Denied Person’’) may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, or in any other activity
subject to the Regulations, including,
but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtained from the Denied Person
in the United States any item subject to
the Regulations with knowledge or
reason to know that the item will be, or
is intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
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Fmt 4703
Sfmt 4703
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, that, to prevent evasion of this
Order, BIS, after notice and opportunity
for comment as provided in Section
766.23 of the Regulations, may make
any person, firm, corporation, or
business organization related to Yamnik
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services subject to the
provisions of this Order.
Fourth, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Fifth, that the charging letter, the
Settlement Agreement, this Order, and
the record of this case as defined by
Section 766.20 of the Regulations shall
be made available to the public.
Sixth, that the administrative law
judge shall be notified that this case is
withdrawn from adjudication.
This Order, which constitutes the
final agency action in this matter, is
effective upon publication in the
Federal Register.
Entered this 5th day of June, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 06–5282 Filed 6–9–06; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–502]
Circular Welded Carbon Steel Pipes
and Tubes from Thailand: Notice of
Court Decision Not In Harmony with
Final Results of Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On May 16, 2006, the Court
of International Trade (CIT) sustained
the Department of Commerce’s
(Department’s) redetermination
regarding the 2002–2003 antidumping
duty administrative review of certain
welded carbon steel pipes and tubes
(pipes and tubes) from Thailand.
Pursuant to the Court’s remand order, in
its redetermination the Department
deducted section 201 duties from export
price in accordance with 19 U.S.C.
§ 1677a(c)(2)(A). Consistent with the
decision of the United States Court of
AGENCY:
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Federal Register / Vol. 71, No. 112 / Monday, June 12, 2006 / Notices
dsatterwhite on PROD1PC76 with NOTICES
Appeals for the Federal Circuit (Federal
Circuit) in The Timken Company v.
United States and China National
Machinery and Equipment Import and
Export Corporation, 893 F.2d 337 (Fed.
Cir. 1990) (Timken), the Department is
publishing this notice of the CIT’s
decision which is not in harmony with
the Department’s determination in the
2002–2003 antidumping duty
administrative review of pipes and
tubes from Thailand.
EFFECTIVE DATE: May 26, 2006.
FOR FURTHER INFORMATION CONTACT:
Jacqueline Arrowsmith or Dana
Mermelstein, AD/CVD Operations,
Office 6, Import Administration, Room
1870, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–5255 or (202) 482–
1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2002, the President of
the United States imposed safeguard
duties on imports of certain steel
products under Section 201 of the Trade
Act of 1974. See Proclamation No. 7529,
67 FR 10553 (March 7, 2002) (section
201 duties). This proclamation
mandated payment of a 15 percent duty
on certain imported steel products from
March 20, 2002, through March 19,
2003. Id. at 10590. These duties were
applicable to the merchandise that is
also subject to the antidumping duty
order on pipes and tubes from Thailand.
On April 8, 2004, the Department
issued the preliminary results of the
administrative review covering the
period March 1, 2002, through February
28, 2003. See Certain Welded Carbon
Steel Pipes and Tubes from Thailand:
Preliminary Results of Antidumping
Duty Administrative Review, 69 FR
18539 (Preliminary Results). This
administrative review involved one
company, Saha Thai Steel Pipe
Company, Ltd. (Saha Thai). For
purposes of the preliminary results of
review, the Department decided not to
adjust U.S. price, pending the
Department’s final consideration of
comments solicited in Antidumping
Proceedings: Treatment of Section 201
Duties and CVD Duties, 68 FR 53104
(September 9, 2003), on the treatment of
section 201 duties. The resulting
antidumping duty margin was 2.00
percent. See Preliminary Results. In the
final results of review, after considering
the arguments of the parties, the
Department followed the practice
established in Stainless Steel Wire Rod
from Republic of Korea: Final Results of
VerDate Aug<31>2005
19:52 Jun 09, 2006
Jkt 208001
Antidumping Duty Administrative
Review, 69 FR 19153 (April 12, 2004)
(Final Results) and did not deduct the
section 201 duties from EP. The margin
calculated for the final results was de
minimis (0.17 percent). See Certain
Welded Carbon Steel Pipes and Tubes
from Thailand: Final Results of
Antidumping Duty Administrative
Review, 69 FR 61649 (October 20, 2004).
Before the court, the plaintiffs,
domestic parties (Wheatland Tube
Company and Allied Tube & Conduit
Corporation), raised three issues – two
related to section 201 duties – and one
related to duty drawback. The Court
affirmed the Department on two issues
– the duty drawback and the adjustment
to U.S. price for billing adjustments tied
to the section 201 duties. Wheatland
Tube Co. v. United States, 414 F. Supp.
2d. 1271 (CIT 2006). However, the Court
overturned the Department’s decision to
treat section 201 duties in the same way
it treats antidumping duties and
directed the Department ‘‘to recalculate
Saha Thai’s dumping margin after
deducting section 201 duties from EP
(export price) in accordance with 19
U.S.C. § 1677a(c)(2)(A).’’ Id. At 1288.
On March 1, 2006, the Department
filed the results of its redetermination
pursuant the Court’s remand. In the
redetermination, the Department
followed the Court’s order and deducted
the section 201 duties from export price.
The resulting antidumping duty margin
was 4.13 percent. On May 16, 2006, the
Court sustained the Department’s
remand redetermination. Wheatland
Tube Co. v. United States, Slip Op 06–
71.
Notification
In its decision in Timken, the Federal
Circuit held that, pursuant to 19 U.S.C.
1516a(e), the Department must publish
notice of a CIT decision which is not ‘‘in
harmony’’ with the Department’s
determination. The CIT’s decision in
Wheatland Tube Company regarding the
201 duties is not in harmony with the
Department’s determination in the final
results of 2002–2003 antidumping duty
administrative review of pipes and
tubes from Thailand. Therefore,
publication of this notice fulfils the
Department’s obligation under 19 U.S.C.
1516a(e). The Department will enforce
the injunction still in place by
continuing to suspend liquidation of
any unliquidated entries, pending the
expiration of the period to appeal the
CIT’s May 16, 2006, decision, or, if that
decision is appealed, pending a final
decision by the Federal Circuit. If the
CIT decision becomes final and
conclusive, the Department will issue
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Sfmt 4703
33727
amended final results and amended
customs instructions.
This notice is issued and published in
accordance with section 516A(c)(1) of
the Act.
Dated: June 5, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6–9124 Filed 6–9–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 053006A]
U.S. Climate Change Science Program
Synthesis and Assessment Product
Prospectuses
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice of availability and
request for public comments.
AGENCY:
SUMMARY: The National Oceanic and
Atmospheric Administration publish
this notice to announce the availability
of draft Prospectuses for three of the
U.S. Climate Change Science Program
(CCSP) Synthesis and Assessment
Products (Products) for public comment.
These draft Prospectuses address the
following CCSP Topics:
Product 4.4 Preliminary Review of
Adaptation Options for ClimateSensitive Ecosystems and Resources;
Product 4.6 Analyses of the Effects of
Global Change on Human Health and
Welfare and Human Systems; and
Product 5.2 Best Practice Approaches
for Characterizing, Communicating and
Incorporating Scientific Uncertainty in
Climate Decision Making.
After consideration of comments
received on the draft Prospectuses, the
final Prospectuses along with the
comments received will be published on
the CCSP web site.
DATES: Comments must be received by
July 12, 2006.
ADDRESSES: The draft Prospectuses is
posted on the CCSP Program Office web
site. The web addresses to access the
draft Prospectuses are:
Product 4.4 (Ecosystems):
https://www.climatescience.gov/Library/
sap/sap4–4/default.htm
Product 4.6 (Health):
https://www.climatescience.gov/Library/
sap/sap4–6/default.htm
Product 5.2 (Uncertainty)
https://www.climatescience.gov/Library/
sap/sap5–2/default.htm
Detailed instructions for making
comments on the draft Prospectuses are
E:\FR\FM\12JNN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 112 (Monday, June 12, 2006)]
[Notices]
[Pages 33726-33727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9124]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-502]
Circular Welded Carbon Steel Pipes and Tubes from Thailand:
Notice of Court Decision Not In Harmony with Final Results of
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 16, 2006, the Court of International Trade (CIT)
sustained the Department of Commerce's (Department's) redetermination
regarding the 2002-2003 antidumping duty administrative review of
certain welded carbon steel pipes and tubes (pipes and tubes) from
Thailand. Pursuant to the Court's remand order, in its redetermination
the Department deducted section 201 duties from export price in
accordance with 19 U.S.C. Sec. 1677a(c)(2)(A). Consistent with the
decision of the United States Court of
[[Page 33727]]
Appeals for the Federal Circuit (Federal Circuit) in The Timken Company
v. United States and China National Machinery and Equipment Import and
Export Corporation, 893 F.2d 337 (Fed. Cir. 1990) (Timken), the
Department is publishing this notice of the CIT's decision which is not
in harmony with the Department's determination in the 2002-2003
antidumping duty administrative review of pipes and tubes from
Thailand.
EFFECTIVE DATE: May 26, 2006.
FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Dana
Mermelstein, AD/CVD Operations, Office 6, Import Administration, Room
1870, International Trade Administration, U.S. Department of Commerce,
14th Street and Constitution Avenue, NW, Washington, DC 20230;
telephone: (202) 482-5255 or (202) 482-1391, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 5, 2002, the President of the United States imposed
safeguard duties on imports of certain steel products under Section 201
of the Trade Act of 1974. See Proclamation No. 7529, 67 FR 10553 (March
7, 2002) (section 201 duties). This proclamation mandated payment of a
15 percent duty on certain imported steel products from March 20, 2002,
through March 19, 2003. Id. at 10590. These duties were applicable to
the merchandise that is also subject to the antidumping duty order on
pipes and tubes from Thailand.
On April 8, 2004, the Department issued the preliminary results of
the administrative review covering the period March 1, 2002, through
February 28, 2003. See Certain Welded Carbon Steel Pipes and Tubes from
Thailand: Preliminary Results of Antidumping Duty Administrative
Review, 69 FR 18539 (Preliminary Results). This administrative review
involved one company, Saha Thai Steel Pipe Company, Ltd. (Saha Thai).
For purposes of the preliminary results of review, the Department
decided not to adjust U.S. price, pending the Department's final
consideration of comments solicited in Antidumping Proceedings:
Treatment of Section 201 Duties and CVD Duties, 68 FR 53104 (September
9, 2003), on the treatment of section 201 duties. The resulting
antidumping duty margin was 2.00 percent. See Preliminary Results. In
the final results of review, after considering the arguments of the
parties, the Department followed the practice established in Stainless
Steel Wire Rod from Republic of Korea: Final Results of Antidumping
Duty Administrative Review, 69 FR 19153 (April 12, 2004) (Final
Results) and did not deduct the section 201 duties from EP. The margin
calculated for the final results was de minimis (0.17 percent). See
Certain Welded Carbon Steel Pipes and Tubes from Thailand: Final
Results of Antidumping Duty Administrative Review, 69 FR 61649 (October
20, 2004).
Before the court, the plaintiffs, domestic parties (Wheatland Tube
Company and Allied Tube & Conduit Corporation), raised three issues -
two related to section 201 duties - and one related to duty drawback.
The Court affirmed the Department on two issues - the duty drawback and
the adjustment to U.S. price for billing adjustments tied to the
section 201 duties. Wheatland Tube Co. v. United States, 414 F. Supp.
2d. 1271 (CIT 2006). However, the Court overturned the Department's
decision to treat section 201 duties in the same way it treats
antidumping duties and directed the Department ``to recalculate Saha
Thai's dumping margin after deducting section 201 duties from EP
(export price) in accordance with 19 U.S.C. Sec. 1677a(c)(2)(A).'' Id.
At 1288.
On March 1, 2006, the Department filed the results of its
redetermination pursuant the Court's remand. In the redetermination,
the Department followed the Court's order and deducted the section 201
duties from export price. The resulting antidumping duty margin was
4.13 percent. On May 16, 2006, the Court sustained the Department's
remand redetermination. Wheatland Tube Co. v. United States, Slip Op
06-71.
Notification
In its decision in Timken, the Federal Circuit held that, pursuant
to 19 U.S.C. 1516a(e), the Department must publish notice of a CIT
decision which is not ``in harmony'' with the Department's
determination. The CIT's decision in Wheatland Tube Company regarding
the 201 duties is not in harmony with the Department's determination in
the final results of 2002-2003 antidumping duty administrative review
of pipes and tubes from Thailand. Therefore, publication of this notice
fulfils the Department's obligation under 19 U.S.C. 1516a(e). The
Department will enforce the injunction still in place by continuing to
suspend liquidation of any unliquidated entries, pending the expiration
of the period to appeal the CIT's May 16, 2006, decision, or, if that
decision is appealed, pending a final decision by the Federal Circuit.
If the CIT decision becomes final and conclusive, the Department will
issue amended final results and amended customs instructions.
This notice is issued and published in accordance with section
516A(c)(1) of the Act.
Dated: June 5, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E6-9124 Filed 6-9-06; 8:45 am]
BILLING CODE 3510-DS-S
