Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 9505-9507 [E7-3688]
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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices
(‘‘Regulations’’),1 issued under the
Export Administration Act of 1979, as
amended (50 U.S.C. app. 2401–2420
(2000)) (‘‘Act’’).2 In accordance with
§ 766.7 of Regulations, BIS moved for
the issuance of an Order of Default
against S.P. Equipamentos as S.P.
Equipamentos failed to file an answer to
the allegations in the Charging Letter
issued by BIS within the time period
required by law.
response to the Charging Letter.
Accordingly, because S.P.
Equipamentos failed to file an answer to
the Charging Letter within thirty (30)
days from the time it received notice of
issuance of the Charging Letter, as
required by § 766.6 of the Regulations,
the undersigned finds S.P.
Equipamentos to be in default.
A. Legal Authority for Issuing an Order
of Default
Section 776.7 of the Regulations states
that BIS may file a motion for an order
of default if a respondent fails to file a
timely answer to a charging letter. That
section, entitled Default, provides in
pertinent part:
The Charging Letter issued by BIS
included a total of two (2) charges.
Specifically, the Charging letter alleged
that on one occasion, on or about
February 25, 2002, S.P. Equipamentos
engaged in conduct prohibited by the
Regulations by transferring one thermal
imaging camera classified under Export
Control Classification Number
(‘‘ECCN’’) 6A003.b.4 to State Secretariet
of Civil Defense (Military Police of the
State of Rio de Janeiro) in violation of
condition 4 of license D274828, which
forbade the resale, reexport, or transfer
of the thermal imaging camera to any
party other than that listed on the
license without the prior approval of the
United States Government. In
transferring the thermal imaging camera
to a non-approved end-user without
prior U.S. Government authorization,
S.P. Equipamentos committed one
violation of § 764.2(a) of the
Regulations. (Charge 1).
The Charging Letter further alleged
that S.P. Equipamentos sold one thermal
imaging camera classified under ECCN
6A003.b.4 to the State Secretariet of
Civil Defense (Military Police of the
State of Rio de Janeiro) with the
knowledge that doing so was a violation
of condition 4 license D274828, which
forbade the resale, reexport, or transfer
of the thermal imaging camera to any
party other than that listed on the
license without the prior approval of the
United States Government. In
transferring the thermal imaging camera
with such knowledge, S.P.
Equipamentos committed one violation
of § 764.2(e) of the Regulations.
Failure of the respondent to file an answer
within the time provided constitutes a waiver
of the respondent’s right to appear and
contest the allegations in the charging letter.
In such event, the administrative law judge,
on BIS’s motion and without further notice
to the respondent, shall find the facts to be
as alleged in the charging letter and render
an initial or recommended decision
containing findings of fact and appropriate
conclusions of law and issue or recommend
an order imposing appropriate sanctions.
15 CFR 766.7 (2005).
Pursuant to § 766.6 of the Regulations,
a respondent must file an answer to the
charging letter ‘‘within 30 days after
being served with notice of the issuance
of the charging letter * * *’’ initiating
the proceeding.
B. Service of the Notice of Issuance of
Charging Letter
In this case, BIS served notice of
issuance of the Charging Letter in
accordance with § 766.3(b)(1) of the
Regulations when it sent a copy of the
Charging Letter by registered mail to
S.P. Equipamentos at its last known
address on September 13, 2004. BIS
submitted evidence that established the
Charging letter was received by S.P.
Equipamentos on or about September
24, 2004. Counsel for S.P. Equipamentos
filed a Notice of Appearance in this
matter on February 7, 2005. To date,
however, S.P. Equipamentos has failed
to file an answer or otherwise file a
C. Summary of Violations Charged
D. Penalty Recommendation
[REDACTED SECTION]
E. Conclusion
pwalker on PROD1PC71 with NOTICES
1 The
charged violations occurred during 2002.
The Regulations governing the violations at issue
are found in the 2002 version of the Code of Federal
Regulations (15 CFR Parts 730–774 (2002)). The
2006 Regulations establish the procedures that
apply to this matter.
2 Since August 21, 2001, the Act has been in lapse
and the President, through Executive Order 13,222
of August 17, 2001, 3 CFR, 2001 Comp. 783 (2002),
as extended by the Notice of August 3, 2006 (71 FR
44,551 (August 7, 2006)), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C.
§§ 1701–1706 (2000)).
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18:44 Mar 01, 2007
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Accordingly, I am referring this
Recommended Decision and Order to
the Under Secretary of Commerce for
Industry and Security for review and
final action for the agency, without
further notice to the Respondent, as
provided in § 766.7 of the Regulations.
Within thirty (30) days after receipt of
this Recommended Decision and Order,
the Under Secretary shall issue a written
order affirming, modifying, or vacating
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9505
the Recommended Decision and Order.
See 15 CFR 766.22(c).
Dated: January 31, 2007.
The Honorable Joseph N. Ingolia,
Chief Administrative Law Judge.
CERTIFICATE OF SERVICE
I hereby certify that I have served the
foregoing RECOMMENDED DECISION
AND ORDER by First Class Mail,
Postage Prepaid to the following person:
Peter R. Klason, Esq., Office of Chief
Counsel for Industry and Security,
U.S. Department of Commerce, Room
H–3839, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
Telephone: (202) 482–5301,
Facsimile: (202) 482–0085.
Jenny L. Collins,
Hearing Docket Clerk.
Done and dated this 2nd day of February,
2007, Baltimore, Maryland.
[FR Doc. 07–949 Filed 3–1–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–4697.
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspension of
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (the Act), may
request, in accordance with section
351.213(2004) of the Department of
Commerce (the Department)
Regulations, that the Department
conduct an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
E:\FR\FM\02MRN1.SGM
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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices
Opportunity to Request a Review: Not
later than the last day of March 20071,
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
March for the following periods:
Period
Antidumping Duty Proceeding
Brazil:
Certain Hot-Rolled Carbon Steel Flat Products, A–351–828 ..............................................................................................
Orange Juice, A–351–840 ....................................................................................................................................................
Canada:
Iron Construction Castings, A–122–503 ..............................................................................................................................
Ecuador:
Frozen Warmwater Shrimp,2 A–331–802 ............................................................................................................................
France:
Brass Sheet & Strip, A–427–602 .........................................................................................................................................
Stainless Steel Bar, A–427–820 ..........................................................................................................................................
Germany:
Brass Sheet & Strip, A–428–602 .........................................................................................................................................
Stainless Steel Bar, A–428–830 ..........................................................................................................................................
India:
Sulfanilic Acid, A–533–806 ...................................................................................................................................................
Italy:
Brass Sheet & Strip, A–475–601 .........................................................................................................................................
Stainless Steel Bar, A–475–829 ..........................................................................................................................................
Japan:
Stainless Steel Butt-Weld Pipe Fittings, A–588–702 ...........................................................................................................
Republic of Korea:
Stainless Steel Bar, A–580–847 ..........................................................................................................................................
Russia:
Silicon Metal, A–821–817 .....................................................................................................................................................
Spain:
Stainless Steel Bar, A–469–805 ..........................................................................................................................................
Taiwan:
Light-Walled Welded Rectangular Carbon Steel Tubing, A–583–803 .................................................................................
Thailand:
Circular Welded Carbon Steel Pipes & Tubes, A–549–502 ................................................................................................
The People’s Republic of China:
Chloropicrin, A–570–002 ......................................................................................................................................................
Glycine, A–570–836 .............................................................................................................................................................
Tissue Paper Products, A–570–894 ....................................................................................................................................
United Kingdom:
Stainless Steel Bar, A–412–822 ..........................................................................................................................................
Countervailing Duty Proceeding
India:
Sulfanilic Acid, C–533–807 ..................................................................................................................................................
Iran:
In-Shell Pistachios Nuts, C–507–501 ...................................................................................................................................
Italy:
Stainless Steel Bar, C–475–830 ..........................................................................................................................................
Turkey: Welded Carbon Steel Pipes and Tubes, C–489–502 ....................................................................................................
3/1/06—2/28/07
8/24/05–2/28/07
3/1/06–2/28/07
2/1/06–1/31/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
3/1/06–2/28/07
1/1/06–12/31/06
1/1/06–12/31/06
1/1/06–12/31/06
1/1/06–12/31/06
pwalker on PROD1PC71 with NOTICES
Suspension Agreements
None.
In accordance with section 351.213(b)
of the regulations, an interested party as
defined by section 771(9) of the Act may
request in writing that the Secretary
conduct an administrative review. For
both antidumping and countervailing
duty reviews, the interested party must
specify the individual producers or
exporters covered by an antidumping
finding or an antidumping or
countervailing duty order or suspension
agreement for which it is requesting a
review, and the requesting party must
state why it desires the Secretary to
review those particular producers or
exporters3. If the interested party
intends for the Secretary to review sales
of merchandise by an exporter (or a
producer if that producer also exports
merchandise from other suppliers)
which were produced in more than one
country of origin and each country of
origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
Please note that, for any party the
Department was unable to locate in
prior segments, the Department will not
accept a request for an administrative
review of that party absent new
information as to the party’s location.
Moreover, if the interested party who
files a request for review is unable to
locate the producer or exporter for
which it requested the review, the
1 Or the next business day, if the deadline falls
on a weekend, Federal holiday or any other day
when the Department is closed.
2 In the opportunity notice that published on
February 2, 2007 (72 FR 5007), the review period
for the above referenced case was incorrect. The
period listed above is the correct period of review
for this case.
3 If the review request involves a non-market
economy and the parties subject to the review
request do not qualify for separate rates, all other
exporters of subject merchandise from the non-
market economy country who do not have a
separate rate will be covered by the review as part
of the single entity of which the named firms are
a part.
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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices
interested party must provide an
explanation of the attempts it made to
locate the producer or exporter at the
same time it files its request for review,
in order for the Secretary to determine
if the interested party’s attempts were
reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), the Department
has clarified its practice with respect to
the collection of final antidumping
duties on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders. See also the Import
Administration Web site at https://
ia.ita.doc.gov.
Six copies of the request should be
submitted to the Assistant Secretary for
Import Administration, International
Trade Administration, Room 1870, U.S.
Department of Commerce, 14th Street &
Constitution Avenue, NW., Washington,
DC 20230. The Department also asks
parties to serve a copy of their requests
to the Office of Antidumping/
Countervailing Operations, Attention:
Sheila Forbes, in room 3065 of the main
Commerce Building. Further, in
accordance with section 351.303(f)(l)(i)
of the regulations, a copy of each
request must be served on every party
on the Department’s service list.
DEPARTMENT OF COMMERCE
The Department will publish in the
Federal Register a notice of ‘‘Initiation
of Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of March 2007. If the
Department does not receive, by the last
day of March 2007, a request for review
of entries covered by an order, finding,
or suspended investigation listed in this
notice and for the period identified
above, the Department will instruct the
U.S.Customs and Border Protection to
assess antidumping or countervailing
duties on those entries at a rate equal to
the cash deposit of (or bond for)
estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
International Trade Administration
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: February 22, 2007.
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Notice of Upcoming Sunset
Reviews
AGENCY:
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended, the Department of Commerce
(‘‘the Department’’) and the
International Trade Commission
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734
would be likely to lead to continuation
or recurrence of dumping or a
countervailable subsidy (as the case may
be) and of material injury.
Upcoming Sunset Reviews for April
2007
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–3688 Filed 3–1–07; 8:45 am]
BILLING CODE 3510–DS–P
The following Sunset Review is
scheduled for initiation in April 2007
and will appear in that month’s Notice
of Initiation of Five-year Sunset
Reviews.
Antidumping Duty Proceedings
Department Contact
Silicomanganese from India (A–533–823) ..........................................................................................
Silicomanganese from Kazakhstan (A–834–807) ...............................................................................
Silicomanganese from Venezuela (A–307–820) .................................................................................
Countervailing Duty Proceedings
No countervailing duty orders are
scheduled for initiation in April 2007
pwalker on PROD1PC71 with NOTICES
Suspended Investigations
No suspended investigations are
scheduled for initiation in April 2007.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. Guidance on
methodological or analytical issues
relevant to the Department’s conduct of
Sunset Reviews is set forth in the
Department’s Policy Bulletin 98.3-Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders; Policy Bulletin, 63 FR 18871
(April 16, 1998) (‘‘Sunset Policy
VerDate Aug<31>2005
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9507
Bulletin’’). The Notice of Initiation of
Five-year (‘‘Sunset’’) Reviews provides
further information regarding what is
required of all parties to participate in
Sunset Reviews.
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
contact the Department in writing
within 15 days of the publication of the
Notice of Initition.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
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Dana Mermelstein (202) 482–1391
Dana Mermelstein (202) 482–1391
Dana Mermelstein (202) 482–1391
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: February 22, 2007.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E7–3691 Filed 3–1–07; 8:45 am]
BILLING CODE 3510–DS–S
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]]>Agencies
[Federal Register Volume 72, Number 41 (Friday, March 2, 2007)]
[Notices]
[Pages 9505-9507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3688]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT: Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230, telephone: (202) 482-
4697.
Background
Each year during the anniversary month of the publication of an
antidumping or countervailing duty order, finding, or suspension of
investigation, an interested party, as defined in section 771(9) of the
Tariff Act of 1930, as amended (the Act), may request, in accordance
with section 351.213(2004) of the Department of Commerce (the
Department) Regulations, that the Department conduct an administrative
review of that antidumping or countervailing duty order, finding, or
suspended investigation.
[[Page 9506]]
Opportunity to Request a Review: Not later than the last day of
March 2007\1\, interested parties may request administrative review of
the following orders, findings, or suspended investigations, with
anniversary dates in March for the following periods:
---------------------------------------------------------------------------
\1\ Or the next business day, if the deadline falls on a
weekend, Federal holiday or any other day when the Department is
closed.
\2\ In the opportunity notice that published on February 2, 2007
(72 FR 5007), the review period for the above referenced case was
incorrect. The period listed above is the correct period of review
for this case.
------------------------------------------------------------------------
Period
------------------------------------------------------------------------
Antidumping Duty Proceeding
Brazil:
Certain Hot-Rolled Carbon Steel Flat Products, A- 3/1/06--2/28/07
351-828........................................
Orange Juice, A-351-840......................... 8/24/05-2/28/07
Canada:
Iron Construction Castings, A-122-503........... 3/1/06-2/28/07
Ecuador:
Frozen Warmwater Shrimp,\2\ A-331-802........... 2/1/06-1/31/07
France:
Brass Sheet & Strip, A-427-602.................. 3/1/06-2/28/07
Stainless Steel Bar, A-427-820.................. 3/1/06-2/28/07
Germany:
Brass Sheet & Strip, A-428-602.................. 3/1/06-2/28/07
Stainless Steel Bar, A-428-830.................. 3/1/06-2/28/07
India:
Sulfanilic Acid, A-533-806...................... 3/1/06-2/28/07
Italy:
Brass Sheet & Strip, A-475-601.................. 3/1/06-2/28/07
Stainless Steel Bar, A-475-829.................. 3/1/06-2/28/07
Japan:
Stainless Steel Butt-Weld Pipe Fittings, A-588- 3/1/06-2/28/07
702............................................
Republic of Korea:
Stainless Steel Bar, A-580-847.................. 3/1/06-2/28/07
Russia:
Silicon Metal, A-821-817........................ 3/1/06-2/28/07
Spain:
Stainless Steel Bar, A-469-805.................. 3/1/06-2/28/07
Taiwan:
Light-Walled Welded Rectangular Carbon Steel 3/1/06-2/28/07
Tubing, A-583-803..............................
Thailand:
Circular Welded Carbon Steel Pipes & Tubes, A- 3/1/06-2/28/07
549-502........................................
The People's Republic of China:
Chloropicrin, A-570-002......................... 3/1/06-2/28/07
Glycine, A-570-836.............................. 3/1/06-2/28/07
Tissue Paper Products, A-570-894................ 3/1/06-2/28/07
United Kingdom:
Stainless Steel Bar, A-412-822.................. 3/1/06-2/28/07
Countervailing Duty Proceeding
India:
Sulfanilic Acid, C-533-807...................... 1/1/06-12/31/06
Iran:
In-Shell Pistachios Nuts, C-507-501............. 1/1/06-12/31/06
Italy:
Stainless Steel Bar, C-475-830.................. 1/1/06-12/31/06
Turkey: Welded Carbon Steel Pipes and Tubes, C-489- 1/1/06-12/31/06
502................................................
------------------------------------------------------------------------
Suspension Agreements
None.
In accordance with section 351.213(b) of the regulations, an
interested party as defined by section 771(9) of the Act may request in
writing that the Secretary conduct an administrative review. For both
antidumping and countervailing duty reviews, the interested party must
specify the individual producers or exporters covered by an antidumping
finding or an antidumping or countervailing duty order or suspension
agreement for which it is requesting a review, and the requesting party
must state why it desires the Secretary to review those particular
producers or exporters\3\. If the interested party intends for the
Secretary to review sales of merchandise by an exporter (or a producer
if that producer also exports merchandise from other suppliers) which
were produced in more than one country of origin and each country of
origin is subject to a separate order, then the interested party must
state specifically, on an order-by-order basis, which exporter(s) the
request is intended to cover.
---------------------------------------------------------------------------
\3\ If the review request involves a non-market economy and the
parties subject to the review request do not qualify for separate
rates, all other exporters of subject merchandise from the non-
market economy country who do not have a separate rate will be
covered by the review as part of the single entity of which the
named firms are a part.
---------------------------------------------------------------------------
Please note that, for any party the Department was unable to locate
in prior segments, the Department will not accept a request for an
administrative review of that party absent new information as to the
party's location. Moreover, if the interested party who files a request
for review is unable to locate the producer or exporter for which it
requested the review, the
[[Page 9507]]
interested party must provide an explanation of the attempts it made to
locate the producer or exporter at the same time it files its request
for review, in order for the Secretary to determine if the interested
party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii).
As explained in Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), the
Department has clarified its practice with respect to the collection of
final antidumping duties on imports of merchandise where intermediate
firms are involved. The public should be aware of this clarification in
determining whether to request an administrative review of merchandise
subject to antidumping findings and orders. See also the Import
Administration Web site at https://ia.ita.doc.gov.
Six copies of the request should be submitted to the Assistant
Secretary for Import Administration, International Trade
Administration, Room 1870, U.S. Department of Commerce, 14th Street &
Constitution Avenue, NW., Washington, DC 20230. The Department also
asks parties to serve a copy of their requests to the Office of
Antidumping/Countervailing Operations, Attention: Sheila Forbes, in
room 3065 of the main Commerce Building. Further, in accordance with
section 351.303(f)(l)(i) of the regulations, a copy of each request
must be served on every party on the Department's service list.
The Department will publish in the Federal Register a notice of
``Initiation of Administrative Review of Antidumping or Countervailing
Duty Order, Finding, or Suspended Investigation'' for requests received
by the last day of March 2007. If the Department does not receive, by
the last day of March 2007, a request for review of entries covered by
an order, finding, or suspended investigation listed in this notice and
for the period identified above, the Department will instruct the
U.S.Customs and Border Protection to assess antidumping or
countervailing duties on those entries at a rate equal to the cash
deposit of (or bond for) estimated antidumping or countervailing duties
required on those entries at the time of entry, or withdrawal from
warehouse, for consumption and to continue to collect the cash deposit
previously ordered.
This notice is not required by statute but is published as a
service to the international trading community.
Dated: February 22, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-3688 Filed 3-1-07; 8:45 am]
BILLING CODE 3510-DS-P
