Action Affecting Export Privileges; Ankair, 42544-42545 [E8-16425]

Download as PDF 42544 Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices objective of the determinations made under part 14 is to provide maximum conservation, environmental protection or restoration, forestry improvement, and wildlife benefits to the general public from the operation of applicable programs. Final determinations are made on the basis of program, category of practices, or individual practices. Following a primary purpose determination by the Secretary of Agriculture, the Secretary of the Treasury determines if the payments made under the conservation program substantially increase the annual income derived from the property benefited by the payments. Determination sroberts on PROD1PC70 with NOTICES The Upper Makefield Township Riparian Restoration and Preservation Grant Program will use grant funds to work with landowners in the Houghs Creek watershed to implement practices in an established riparian buffer zone that is 200 feet either side of the creek stream channel. The riparian zone goals are to reduce the amount of nutrients, sediment, organic matter, pesticides, and other harmful substances from reaching the water; provide shade along the creek’s watercourses to moderate stream temperature and protect fish habitat; provide streambank stability to control sediment and erosion; and conserve existing natural features important for the protection of headwater areas, floodplains, springs, streams, woodlands, and prime wildlife habitats. By promoting the establishment of tree plantings, restorative vegetation, and streambank repair in the riparian buffer zone, the Riparian Restoration and Preservation Grant Program will provide payments to landowner participants that are primarily for the purpose of conserving soil and water resources, protecting or restoring the environment, improving forests, or providing habitat for wildlife. A ‘‘Record of Decision’’ has been prepared and is available upon request from NRCS, Financial Assistance Programs Division, Post Office Box 2890, Washington, DC 20013. Signed in Washington, DC, on July 1, 2008. Arlen L. Lancaster, Chief, Natural Resources Conservation Service. [FR Doc. E8–16748 Filed 7–21–08; 8:45 am] BILLING CODE 3410–16–P VerDate Aug<31>2005 19:47 Jul 21, 2008 Jkt 214001 DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Ankair In the Matter of: Galaxy Aviation Trade Company Ltd., 15 Moreland Court, Lyndale Avenue, Finchley Road, London, UK, NW2 2PJ; Hooshang Seddigh, 15 Moreland Court, Lyndale Avenue, Finchley Road, London, UK, NW2 2PJ; Hamid Shaken Hendi, 5th Floor, 23 Nafisi Avenue, Shahrak Ekbatan, Karaj Special Road, Tehran, Iran; Hossein Jahan Peyma, 2/1 Makran Cross, Heravi Square, Moghan Ave, Pasdaran Cross, Tehran, Iran; Iran Air, Second Floor, No. 23 Nafisi Avenue, Ekbatan, Tehran, Iran; Ankair, Yesilkoy Asfalti Istanbul No. 13/4, Florya, Istanbul, Turkey TR–34810, Respondents. Order Modifying Temporary Denial of Export Privileges of Respondent Ankair On June 6, 2008, I issued an Order in accordance with Section 766.24 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’), temporarily denying the export privileges for 180 days of the following persons for all items subject to the EAR: Galaxy Aviation Trade Company Ltd. (‘‘Galaxy’’), Hooshang Seddigh, Hamid Shaken Hendi, Hossein Jahan Peyma (Galaxy’s shareholders), and Iran Air. The temporary denial order (‘‘TDO’’) also denied certain export privileges under the EAR of Ankair, Yesilkoy Asfalti Istanbul No. 13/4, Florya, Istanbul, Turkey TR–34810 (‘‘Ankair’’), specifically, any transactions involving Boeing 747, manufacturer serial number 24134, tail number TC–AKZ. The TDO was published in the Federal Register on June 17, 2008 (73 FR 34249), and unless renewed in accordance with Section 766.24(d) of the Regulations, will expire on December 3, 2008. The TDO was issued based on evidence presented to me by the Office of Export Enforcement (‘‘OEE’’) that the Respondents were attempting to reexport a U.S. origin Boeing 747, manufacturer serial number 24134, tail number TC–AKZ, from Turkey to Iran without U.S. Government authorization and that it therefore was necessary in order to prevent an imminent violation of the Regulations. Subsequent to the issuance of the TDO, OEE has requested that I modify the TDO as to Ankair to cover all exports or re-exports of items subject to the EAR. I have been presented evidence indicating that Ankair has violated the TDO and that Ankair has engaged in and/or is about to engage in PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 or attempt further violations of the EAR involving the re-export of additional U.S. origin aircraft to Iran without U.S. Government authorization. Modification of the TDO to cover all items subject to the EAR is necessary to prevent further evasion of the TDO and to give companies in the United States and abroad notice to cease dealing with the Ankair in U.S. origin items so as to reduce the likelihood of subsequent exports or re-exports contrary to export control requirements. It is therefore ordered: First, that Ankair, Yesilkov Asfalti Istanbul No. 13/4, Florya, Istanbul, Turkey, TR 34810 (‘‘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 Export Administration Regulations (‘‘EAR’’), or in any other activity subject to the EAR 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 EAR, or in any other activity subject to the EAR; or C. Benefiting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the EAR, or in any other activity subject to the EAR. Second, that no person may, directly or indirectly, do any of the following: A. Export or re-export to or on behalf of any Denied Person any item subject to the EAR; B. Take any action that facilitates the acquisition or attempted acquisition by any Denied Person of the ownership, possession, or control of any item subject to the EAR that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby any 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 any Denied Person of any item subject to the EAR that has been exported from the United States; D. Obtain from any Denied Person in the United States any item subject to the EAR with knowledge or reason to know E:\FR\FM\22JYN1.SGM 22JYN1 Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices sroberts on PROD1PC70 with NOTICES 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 EAR that has been or will be exported from the United States and which is owned, possessed or controlled by any Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by any Denied Person if such service involves the use of any item subject to the EAR that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, that after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to any of the Respondents by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order. Fourth, that this Order does not prohibit any export, re-export, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign produced direct product of U.S.-origin technology. In accordance with the provisions of Section 766.24(e) of the EAR, Ankair may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard AU Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of Section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. The Respondents may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be received not later than seven days before the expiration date of the Order. A copy of this Order shall be served on Ankair and shall be published in the Federal Register. This Order is effective upon publication in the Federal Register and shall remain in effect until the expiration of the TDO on December 3, 2008, unless renewed in accordance with the Regulations. Entered this 10th day of July, 2008. Darryl W. Jackson, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. E8–16425 Filed 7–21–08; 8:45 am] BILLING CODE 3510–DT–M VerDate Aug<31>2005 19:47 Jul 21, 2008 Jkt 214001 DEPARTMENT OF COMMERCE International Trade Administration (C–570–911) Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Notice of Amended Final Affirmative Countervailing Duty Determination and Notice of Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on circular welded carbon quality steel pipe (CWP) from the People’s Republic of China (PRC). On July 15, 2008, the ITC notified the Department of its affirmative determination of material injury to a U.S. industry. See Circular Welded Carbon–Quality Steel Pipe from China, USITC Pub. 4019, Investigation Nos. 701–TA–447 and 731–TA–1116 (Final) (July 2008). EFFECTIVE DATE: July 22, 2008. FOR FURTHER INFORMATION CONTACT: Shane Subler and Damian Felton at (202) 482–0189 and (202) 482–0133, respectively, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. AGENCY: Background On June 5, 2008, the Department published its final determination in the countervailing duty investigation of CWP from the PRC. See Circular Welded Carbon Quality Steel Pipe from the People’s Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Determination of Critical Circumstances, 73 FR 31966 (June 5, 2008) (Final Determination). On July 15, 2008, the ITC notified the Department of its final determination pursuant to sections 705(b)(1)(A)(i) and 735(b)(1)(A)(i) of the Tariff Act of 1930, as amended (the Act), that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise the PRC. The ITC also determined that critical circumstances do not exist. See Circular Welded Carbon–Quality Steel Pipe from China (Investigation Nos. 701–TA–447 and 731–TA–1116 (Final), USITC Publication 4019, July 2008). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 42545 Scope of the Order The scope of this order covers certain welded carbon quality steel pipes and tubes, of circular cross–section, and with an outside diameter of 0.372 inches (9.45 mm) or more, but not more than 16 inches (406.4 mm), whether or not stenciled, regardless of wall thickness, surface finish (e.g., black, galvanized, or painted), end finish (e.g., plain end, beveled end, grooved, threaded, or threaded and coupled), or industry specification (e.g., ASTM, proprietary, or other), generally known as standard pipe and structural pipe (they may also be referred to as circular, structural, or mechanical tubing). Specifically, the term ‘‘carbon quality’’ includes products in which (a) iron predominates, by weight, over each of the other contained elements; (b) the carbon content is 2 percent or less, by weight; and (c) none of the elements listed below exceeds the quantity, by weight, as indicated: (i) 1.80 percent of manganese; (ii) 2.25 percent of silicon; (iii) 1.00 percent of copper; (iv) 0.50 percent of aluminum; (v) 1.25 percent of chromium; (vi) 0.30 percent of cobalt; (vii) 0.40 percent of lead; (viii) 1.25 percent of nickel; (ix) 0.30 percent of tungsten; (x) 0.15 percent of molybdenum; (xi) 0.10 percent of niobium; (xii) 0.41 percent of titanium; (xiii) 0.15 percent of vanadium; or (xiv) 0.15 percent of zirconium. Standard pipe is made primarily to American Society for Testing and Materials (ASTM) specifications, but can be made to other specifications. Standard pipe is made primarily to ASTM specifications A–53, A–135, and A–795. Structural pipe is made primarily to ASTM specifications A–252 and A–500. Standard and structural pipe may also be produced to proprietary specifications rather than to industry specifications. This is often the case, for example, with fence tubing. Pipe multiple–stenciled to a standard and/or structural specification and to any other specification, such as the American Petroleum Institute (API) API–5L specification, is also covered by the scope of this investigation when it meets the physical description set forth above and also has one or more of the following characteristics: is 32 feet in length or less; is less than 2.0 inches (50 mm) in outside diameter; has a galvanized and/or painted surface finish; or has a threaded and/or coupled end finish. (The term ‘‘painted’’ does not include coatings to inhibit rust in transit, such as varnish, but includes coatings such as polyester.) E:\FR\FM\22JYN1.SGM 22JYN1

Agencies

[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42544-42545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16425]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Ankair

    In the Matter of:

Galaxy Aviation Trade Company Ltd., 15 Moreland Court, Lyndale 
Avenue, Finchley Road, London, UK, NW2 2PJ;
Hooshang Seddigh, 15 Moreland Court, Lyndale Avenue, Finchley Road, 
London, UK, NW2 2PJ;
Hamid Shaken Hendi, 5th Floor, 23 Nafisi Avenue, Shahrak Ekbatan, 
Karaj Special Road, Tehran, Iran;
Hossein Jahan Peyma, 2/1 Makran Cross, Heravi Square, Moghan Ave, 
Pasdaran Cross, Tehran, Iran;
Iran Air, Second Floor, No. 23 Nafisi Avenue, Ekbatan, Tehran, Iran;
Ankair, Yesilkoy Asfalti Istanbul No. 13/4, Florya, Istanbul, Turkey 
TR-34810,
    Respondents.

Order Modifying Temporary Denial of Export Privileges of Respondent 
Ankair

    On June 6, 2008, I issued an Order in accordance with Section 
766.24 of the Export Administration Regulations (``EAR'' or the 
``Regulations''), temporarily denying the export privileges for 180 
days of the following persons for all items subject to the EAR: Galaxy 
Aviation Trade Company Ltd. (``Galaxy''), Hooshang Seddigh, Hamid 
Shaken Hendi, Hossein Jahan Peyma (Galaxy's shareholders), and Iran 
Air. The temporary denial order (``TDO'') also denied certain export 
privileges under the EAR of Ankair, Yesilkoy Asfalti Istanbul No. 13/4, 
Florya, Istanbul, Turkey TR-34810 (``Ankair''), specifically, any 
transactions involving Boeing 747, manufacturer serial number 24134, 
tail number TC-AKZ. The TDO was published in the Federal Register on 
June 17, 2008 (73 FR 34249), and unless renewed in accordance with 
Section 766.24(d) of the Regulations, will expire on December 3, 2008.
    The TDO was issued based on evidence presented to me by the Office 
of Export Enforcement (``OEE'') that the Respondents were attempting to 
re-export a U.S. origin Boeing 747, manufacturer serial number 24134, 
tail number TC-AKZ, from Turkey to Iran without U.S. Government 
authorization and that it therefore was necessary in order to prevent 
an imminent violation of the Regulations.
    Subsequent to the issuance of the TDO, OEE has requested that I 
modify the TDO as to Ankair to cover all exports or re-exports of items 
subject to the EAR. I have been presented evidence indicating that 
Ankair has violated the TDO and that Ankair has engaged in and/or is 
about to engage in or attempt further violations of the EAR involving 
the re-export of additional U.S. origin aircraft to Iran without U.S. 
Government authorization. Modification of the TDO to cover all items 
subject to the EAR is necessary to prevent further evasion of the TDO 
and to give companies in the United States and abroad notice to cease 
dealing with the Ankair in U.S. origin items so as to reduce the 
likelihood of subsequent exports or re-exports contrary to export 
control requirements.
    It is therefore ordered:
    First, that Ankair, Yesilkov Asfalti Istanbul No. 13/4, Florya, 
Istanbul, Turkey, TR 34810 (``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 Export Administration Regulations (``EAR''), or in any 
other activity subject to the EAR 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 EAR, or in any other activity 
subject to the EAR; or
    C. Benefiting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the EAR, or in any other activity subject to the EAR.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or re-export to or on behalf of any Denied Person any 
item subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by any Denied Person of the ownership, possession, or 
control of any item subject to the EAR that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby any 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 any Denied Person of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from any Denied Person in the United States any item 
subject to the EAR with knowledge or reason to know

[[Page 42545]]

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 EAR 
that has been or will be exported from the United States and which is 
owned, possessed or controlled by any Denied Person, or service any 
item, of whatever origin, that is owned, possessed or controlled by any 
Denied Person if such service involves the use of any item subject to 
the EAR that has been or will be exported from the United States. For 
purposes of this paragraph, servicing means installation, maintenance, 
repair, modification or testing.
    Third, that after notice and opportunity for comment as provided in 
section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to any of the Respondents by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fourth, that this Order does not prohibit any export, re-export, or 
other transaction subject to the EAR where the only items involved that 
are subject to the EAR are the foreign produced direct product of U.S.-
origin technology.
    In accordance with the provisions of Section 766.24(e) of the EAR, 
Ankair may, at any time, appeal this Order by filing a full written 
statement in support of the appeal with the Office of the 
Administrative Law Judge, U.S. Coast Guard AU Docketing Center, 40 
South Gay Street, Baltimore, Maryland 21202-4022.
    In accordance with the provisions of Section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. The Respondents may 
oppose a request to renew this Order by filing a written submission 
with the Assistant Secretary for Export Enforcement, which must be 
received not later than seven days before the expiration date of the 
Order.
    A copy of this Order shall be served on Ankair and shall be 
published in the Federal Register.
    This Order is effective upon publication in the Federal Register 
and shall remain in effect until the expiration of the TDO on December 
3, 2008, unless renewed in accordance with the Regulations.

    Entered this 10th day of July, 2008.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E8-16425 Filed 7-21-08; 8:45 am]
BILLING CODE 3510-DT-M

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