Action Affecting Export Privileges; Omega Engineering, Inc. In the Matter of: Omega Engineering, Inc., One Omega Drive, Stamford, CT 06907; Respondent, 37407-37408 [E8-14828]

Download as PDF 37407 Notices Federal Register Vol. 73, No. 127 Tuesday, July 1, 2008 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF COMMERCE Foreign–Trade Zones Board Order No. 1566 Grant of Authority for Subzone Status, Louisiana Energy Services, L.P. (Gas Centrifuge Production Equipment), Lea County, NM sroberts on PROD1PC70 with NOTICES Pursuant to its authority under the Foreign–Trade Zones Act, of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign–Trade Zones Board (the Board) adopts the following Order: Whereas, the Foreign–Trade Zones Act provides for ’’...the establishment... of foreign–trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the Foreign–Trade Zones Board to grant to qualified corporations the privilege of establishing foreign–trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board’s regulations (15 CFR Part 400) provide for the establishment of special–purpose subzones when existing zone facilities cannot serve the specific use involved, and when the activity results in a significant public benefit and is in the public interest; Whereas, the City of Albuquerque Aviation Department, grantee of Foreign–Trade Zone 110, has made application to the Board for authority to establish a special–purpose subzone for the assembly and installation of gas centrifuge production equipment for the enrichment of uranium at the facility of Louisiana Energy Services, L.P., located in Lea County, New Mexico (FTZ Docket 18–2007, filed 4/20/07); Whereas, notice inviting public comment was given in the Federal Register (72 FR 21218–21219, 4/30/07); and, Whereas, the Board adopts the findings and recommendations of the examiner’s report, and finds that the VerDate Aug<31>2005 21:01 Jun 30, 2008 Jkt 214001 requirements of the FTZ Act and the Board’s regulations are satisfied, and that approval of the application is in the public interest; Now, therefore, the Board hereby grants authority for subzone status for activity related to the assembly and installation of gas centrifuge production equipment for the enrichment of uranium at the facility of Louisiana Energy Services, L.P., located in Lea County, New Mexico (Subzone 110B), as described in the application and Federal Register notice, and subject to the FTZ Act and the Board’s regulations, including Section 400.28. Signed at Washington, DC, this 23rd day of June 2008. David M. Spooner, Assistant Secretary of Commerce for Import Administration, Alternate Chairman, Foreign–Trade Zones Board. Attest: Andrew McGilvray, Executive Secretary. [FR Doc. E8–14913 Filed 6–30–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Omega Engineering, Inc. In the Matter of: Omega Engineering, Inc., One Omega Drive, Stamford, CT 06907; Respondent Order Waiving Remainder of Denial Order Period On November 12, 2003, having approved the terms of a settlement agreement between the Bureau of Industry and Security, United States Department of Commerce (‘‘BIS’’), and Respondent Omega Engineering, Inc. (‘‘Omega’’), then-Assistant Secretary for Export Enforcement Julie L. Myers issued an order (68 Fed. Reg. 65033, Nov. 18, 2003), resolving an administrative proceeding against Omega pursuant to section 13(c) of the Export Administration Act of 1979, as amended (‘‘Act’’),1 and the Export 1 50 U.S.C. app. 2401–2420 (2000). 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)), which has been extended by successive Presidential Notices, the most recent being that of August 15, 2007 (72 Fed. Reg. 46137 (Aug. 16, 2007)), has continued the PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 Administration Regulations (‘‘Regulations’’),2 based on allegations in a proposed charging letter that Omega had committed 17 violations of the Regulations. Among other things, the November 12, 2003 Order provided a non-standard denial of export privileges that prohibited Omega, for a period of five years from the date of that Order, from participating in any way in any transaction involving the export from the United States to Pakistan of any item subject to the Regulations or in any other activity subject to the Regulations that involves Pakistan. By letter dated April 25, 2008, Omega submitted a request seeking to terminate the denial order not later than May 6, 2008, rather than on November 12, 2008. Omega’s request seeks relief on various grounds, including due to what it has phrased as the ‘‘extraordinary support’’ it provided to BIS in the investigation of another case. The grounds raised by Omega have been considered in full and with the exception of its extraordinary cooperation argument do not merit relief. Subsequent to the entry of the November 12, 2003 Order, Omega provided extraordinary cooperation in a criminal investigation involving an individual attempting to unlawfully export U.S.-origin goods to Iran. The cooperation provided by the Omega helped enable BIS to obtain evidence that was crucial to the investigation and successful prosecution of that criminal matter. Accordingly, upon consideration of this extraordinary cooperation provided by Respondent Omega, and upon consideration of the totality of the circumstances found here, it is therefore ordered: 1. That the remainder of the denial order period imposed on Omega Engineering, Inc., One Omega Drive, Stamford, Connecticut 06907, its successors or assigns, and, when acting Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701– 1706 (2000)) (‘‘IEEPA’’). 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR Parts 730– 774 (2008). The current version of the Regulations governs the procedural aspects of this case. The charged violations occurred in 1997. The Regulations governing the charged violations are found in the 1997 version of the Code of Federal Regulations (15 CFR Part 730774 (1997)). E:\FR\FM\01JYN1.SGM 01JYN1 37408 Federal Register / Vol. 73, No. 127 / Tuesday, July 1, 2008 / Notices for or on behalf of Omega, its officers, representatives, agents or employees, under the November 12, 2003 Order is hereby waived upon the effective date of this Order; and 2. This Order shall be effective upon publication in the Federal Register. DEPARTMENT OF COMMERCE Entered this 20th day of June, 2008. Darryl W. Jackson, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. E8–14828 Filed 6–30–08; 8:45 am] AGENCY: International Trade Administration 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. BILLING CODE 3510–DT–M 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 August 2008 The following Sunset Reviews are scheduled for initiation in August 2008 and will appear in that month’s Notice of Initiation of Five-year Sunset Reviews. Antidumping Duty Proceedings Department Contact sroberts on PROD1PC70 with NOTICES Certain Cut–to-Length Carbon Steel from the PRC (A–570–849) (Second Review) ........................... Countervailing Duty Proceedings. No Sunset Review of countervailing duty proceedings are scheduled for initiation in August 2008.. Suspended Investigations. Certain Cut–to-Length Carbon Steel from Russia (A–821–808) (Second Review) .............................. Certain Cut–to-Length Carbon Steel from Ukraine (A–823–808) (Second Review) ............................ 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) . 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 10 days of the publication of the Notice of Initiation. 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, 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. VerDate Aug<31>2005 21:01 Jun 30, 2008 Jkt 214001 This notice is not required by statute but is published as a service to the international trading community. Dated: June 18, 2008. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E8–14905 Filed 6–30–08; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Applications for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before July 21, 2008. Address written comments to Statutory Import Programs Staff, Room 2104, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 2104. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Juanita Chen (202) 482–1904 Sally Gannon (202) 482–0162 Judith Rudman (202) 482–0192 Docket Number: 08–027. Applicant: The Ohio State University, Materials Science and Engineering, 2041 College Rd., Columbus, OH 43210. Instrument: Electron Microscope, Model Helios 600. Manufacturer: FEI Company/Philips Electron Optics, the Netherlands. Intended Use: The instrument is intended to be used to study different types of solid state materials. It will be used for general morphological and structural studies of ceramics and metals, including high-temperature superconductors, high-temperature metal alloys, corrosion mitigation coatings, evaporated metal films, silicongermanium and II–V infra-red detectors, quantum dots, geological materials, polymers and possibly some biological samples. A unique characteristic of this instrument is that it is a Dual Beam instrument, i.e., this instrument is a combined Focused Ion Beam (FIB) and Scanning Electron Microscope. Application accepted by Commissioner of Customs: June 5, 2008. Docket Number: 08–029. Applicant: Vanderbilt University, Center for Structural Biology, 465 21st Ave. South, MRB III, Suite 5140, Nashville, TN 37232–8725. Instrument: Electron Microscope, Model Tecnai G2 F20 TWIN. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument is intended to be used to study purified biological macromolecular complexes. The instrument will be used to examine the three dimensional structures of these E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 73, Number 127 (Tuesday, July 1, 2008)]
[Notices]
[Pages 37407-37408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14828]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Omega Engineering, Inc. In 
the Matter of: Omega Engineering, Inc., One Omega Drive, Stamford, CT 
06907; Respondent

Order Waiving Remainder of Denial Order Period

    On November 12, 2003, having approved the terms of a settlement 
agreement between the Bureau of Industry and Security, United States 
Department of Commerce (``BIS''), and Respondent Omega Engineering, 
Inc. (``Omega''), then-Assistant Secretary for Export Enforcement Julie 
L. Myers issued an order (68 Fed. Reg. 65033, Nov. 18, 2003), resolving 
an administrative proceeding against Omega pursuant to section 13(c) of 
the Export Administration Act of 1979, as amended (``Act''),\1\ and the 
Export Administration Regulations (``Regulations''),\2\ based on 
allegations in a proposed charging letter that Omega had committed 17 
violations of the Regulations.
---------------------------------------------------------------------------

    \1\ 50 U.S.C. app. 2401-2420 (2000). 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)), which has 
been extended by successive Presidential Notices, the most recent 
being that of August 15, 2007 (72 Fed. Reg. 46137 (Aug. 16, 2007)), 
has continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000)) 
(``IEEPA'').
    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2008). The current 
version of the Regulations governs the procedural aspects of this 
case. The charged violations occurred in 1997. The Regulations 
governing the charged violations are found in the 1997 version of 
the Code of Federal Regulations (15 CFR Part 730774 (1997)).
---------------------------------------------------------------------------

    Among other things, the November 12, 2003 Order provided a non-
standard denial of export privileges that prohibited Omega, for a 
period of five years from the date of that Order, from participating in 
any way in any transaction involving the export from the United States 
to Pakistan of any item subject to the Regulations or in any other 
activity subject to the Regulations that involves Pakistan.
    By letter dated April 25, 2008, Omega submitted a request seeking 
to terminate the denial order not later than May 6, 2008, rather than 
on November 12, 2008. Omega's request seeks relief on various grounds, 
including due to what it has phrased as the ``extraordinary support'' 
it provided to BIS in the investigation of another case. The grounds 
raised by Omega have been considered in full and with the exception of 
its extraordinary cooperation argument do not merit relief.
    Subsequent to the entry of the November 12, 2003 Order, Omega 
provided extraordinary cooperation in a criminal investigation 
involving an individual attempting to unlawfully export U.S.-origin 
goods to Iran. The cooperation provided by the Omega helped enable BIS 
to obtain evidence that was crucial to the investigation and successful 
prosecution of that criminal matter.
    Accordingly, upon consideration of this extraordinary cooperation 
provided by Respondent Omega, and upon consideration of the totality of 
the circumstances found here, it is therefore ordered:
    1. That the remainder of the denial order period imposed on Omega 
Engineering, Inc., One Omega Drive, Stamford, Connecticut 06907, its 
successors or assigns, and, when acting

[[Page 37408]]

for or on behalf of Omega, its officers, representatives, agents or 
employees, under the November 12, 2003 Order is hereby waived upon the 
effective date of this Order; and
    2. This Order shall be effective upon publication in the Federal 
Register.

    Entered this 20th day of June, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-14828 Filed 6-30-08; 8:45 am]
BILLING CODE 3510-DT-M