Order Temporarily Denying Export Privileges, 25133-25136 [2012-10190]
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE—
Continued
[02/24/2012 through 04/20/2012]
Firm name
Date accepted
for investigation
Firm address
Schermerhorn, Inc ...................................
165 Front Street, Chicopee, MA 01013
First Aid Only, Inc ....................................
11101 N.E. 37th Circle, Vancouver, WA
98682.
4/19/2012
Astro Tool and Die Corporation ..............
5201 South Whitnall Avenue, Cudahy,
WI 53110.
4/20/12
Any party having a substantial
interest in these proceedings may
request a public hearing on the matter.
A written request for a hearing must be
submitted to the Trade Adjustment
Assistance for Firms Division, Room
7106, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than ten (10) calendar days
following publication of this notice.
Please follow the requirements set
forth in EDA’s regulations at 13 CFR
315.9 for procedures to request a public
hearing. The Catalog of Federal
Domestic Assistance official number
and title for the program under which
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Dated: April 20, 2012.
Bryan Borlik,
Director, TAA for Firms.
4/17/12
The application was processed in
accordance with T/IM procedures, as
authorized by FTZ Board Orders 1347
(69 FR 52857, 8/30/2004) and 1480 (71
FR 55422, 9/22/2006), including notice
in the Federal Register inviting public
comment (77 FR 14000–14001, 03/08/
2012). The FTZ staff examiner reviewed
the application and determined that it
meets the criteria for approval under
T/IM procedures. Pursuant to the
authority delegated to the FTZ Board
Executive Secretary in the abovereferenced Board Orders, the
application is approved, effective this
date, until April 23, 2014, subject to the
FTZ Act and the Board’s regulations,
including Section 400.28.
Dated: April 23, 2012.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2012–10244 Filed 4–26–12; 8:45 am]
[FR Doc. 2012–10123 Filed 4–26–12; 8:45 am]
BILLING CODE P
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Foreign-Trade Zones Board
Order Temporarily Denying Export
Privileges
[Docket T–3–2012]
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Foreign-Trade Zone 126, Temporary/
Interim Manufacturing Authority,
Brightpoint North America L.P. (Cell
Phone Kitting and Distribution); Notice
of Approval
On March 2, 2012, the Executive
Secretary of the Foreign-Trade Zones
(FTZ) Board filed an application
submitted by the Economic
Development Authority of Western
Nevada, grantee of FTZ 126, requesting
temporary/interim manufacturing
(T/IM) authority, on behalf of
Brightpoint North America L.P., to
produce cell phone kits under FTZ
procedures within FTZ 126—Site 23, in
Reno, Nevada.
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17:44 Apr 26, 2012
Jkt 226001
Sayegh Group Aviation, P.O. Box 5822,
Sharjah, United Arab Emirates;
Aban Air, No. 1267, Vali Asr Avenue,
Tehran, Iran 157177 36511;
Sam Air Corporation Limited, P.O. Box 5822,
Sharjah, United Arab Emirates, and
18th Hill Street, Banjul, The Gambia, West
Africa;
Aviation Legacy (Gambia) Limited, c/o
Mahmoud Khali Hamze, Flat 2907,
Almeriki Tower, Sheikh Zayed Road,
Dubai, United Arab Emirates, and
G 15, Kanifing Housing Estate, The Gambia,
West Africa;
Abdullah Khaled Ramadan, Managing
Director, Sam Air Corporation Limited,
P.O. Box 5822, Sharjah, United Arab
Emirates;
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Product(s)
The firm manufactures cartons, boxes,
and cases of corrugated paper and
paperboard.
The firm manufactures retail, commercial, and industrial first aid products
and kits.
The firm manufactures various metal
stampings for the power tool, climate
systems, aquarium, safety equipment,
and screw machining industries.
Ali Mahdavi, Chairman, Aban Air, No. 1267,
Vali Asr Avenue, Tehran, Iran 157177
36511;
Mahmoud Khali Hamze (a/k/a Mahmoud
Khalil) a/k/a Mahmoud Hamza Khalil),
Managing Director, Aviation Legacy
(Gambia) Limited, Flat 2907, Almeriki
Tower, Sheikh Zayed Road, Dubai, United
Arab Emirates;
Everex Global Cargo and Courier, Nos. 7 and
8, Opposite Terminal 2, Mahrabad
International Airport, Tehran, Iran, and
No. 1267, Vali Asr Avenue, Tehran, Iran
157177 36511;
Pursuant to Section 766.24 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’),1 the
Bureau of Industry and Security (‘‘BIS’’),
U.S. Department of Commerce, through
its Office of Export Enforcement
(‘‘OEE’’), has requested that I issue an
Order temporarily denying, for a period
of 180 days, the export privileges under
the EAR of:
Sayegh Group Aviation, P.O. Box 5822,
Sharjah, United Arab Emirates;
Aban Air, No. 1267, Vali Asr Avenue,
Tehran, Iran 157177 36511;
Sam Air Corporation Limited, P.O. Box 5822,
Sharjah, United Arab Emirates, and
18th Hill Street, Banjul, The Gambia, West
Africa;
Aviation Legacy (Gambia) Limited, c/o
Mahmoud Khali Hamze, Flat 2907,
Almeriki Tower, Sheikh Zayed Road,
Dubai, United Arab Emirates, and
G 15, Kanifing Housing Estate, The Gambia,
West Africa;
Abdullah Khaled Ramadan, Managing
Director, Sam Air Corporation Limited;
1 The EAR is currently codified at 15 CFRCFR
parts 730–774 (2011). The EAR are issued under the
Export Administration Act of 1979, as amended (50
U.S.C. app. 2401–2420 (2000)) (‘‘EAA’’). Since
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
17, 2001 (3 CFRCFR, 2001 Comp. 783 (2002)),
which has been extended by successive presidential
notices, the most recent being that of August 12,
2011 (76 FR 50661 (Aug. 16, 2011)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq.) (‘‘IEEPA’’).
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices
P.O. Box 5822, Sharjah, United Arab
Emirates;
Ali Mahdavi, Chairman Aban Air, No. 1267,
Vali Asr Avenue, Tehran, Iran 157177
36511;
Mahmoud Khali Hamze a/k/a Mahmoud
Khalil a/k/a Mahmoud Hamza Khalil,
Managing Director, Aviation Legacy
(Gambia) Limited, Flat 2907, Almeriki
Tower, Sheikh Zayed Road, Dubai, United
Arab Emirates.
OEE also has requested pursuant to
Sections 766.23 and 766.24 of the
Regulations that the following party also
be named to the TDO as a related person
to Aban Air and Ali Mahdavi, in order
to prevent evasion of the TDO:
Everex Global Cargo and Courier, Nos 7 and
8, Opposite Terminal 2, Mahrabad
International Airport, Tehran, Iran, and
No. 1267, Vali Asr Avenue, Tehran, Iran.
I. Issuance of Temporary Denial Order
mstockstill on DSK4VPTVN1PROD with NOTICES
A. Legal Standard
Pursuant to Section 766.24(b) of the
Regulations, BIS may issue a TDO upon
a showing that the order is necessary in
the public interest to prevent an
‘‘imminent violation’’ of the
Regulations. 15 CFR 766.24(b)(1). ‘‘A
violation may be ‘imminent’ either in
time or degree of likelihood.’’ 15 CFR
766.24(b)(3). BIS may show ‘‘either that
a violation is about to occur, or that the
general circumstances of the matter
under investigation or case under
criminal or administrative charges
demonstrate a likelihood of future
violations.’’ Id. As to the likelihood of
future violations, BIS may show that
‘‘the violation under investigation or
charges is significant, deliberate, covert
and/or likely to occur again, rather than
technical or negligent [.]’’ Id. A ‘‘lack of
information establishing the precise
time a violation may occur does not
preclude a finding that a violation is
imminent, so long as there is sufficient
reason to believe the likelihood of a
violation.’’ Id.
B. Background and Findings
OEE submits that three U.S.-origin
Boeing 747 planes, Manufacturer Serial
Number (‘‘MSN’’) 23408 (Tail Number
C5–SAM), MSN 23224 (Tail Number
C5–AKR), and MSN 23823 (Tail Number
C5–SAG), items subject to the
Regulations, classified under Export
Control Classification Number 9A991.b,
and controlled for Anti-Terrorism
reasons, have been reexported or are
intended for reexport to Iran, without
the required U.S. Government
authorization, as a result of a series of
related transactions involving Sayegh
Group Aviation, Sam Air Corporation
Limited (‘‘Sam Air’’), Aviation Legacy
(Gambia) Limited (‘‘Aviation Legacy’’),
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17:44 Apr 26, 2012
Jkt 226001
and Aban Air. Sayegh Group Aviation
and Sam Air are located in the United
Arab Emirates (‘‘U.A.E.’’), and are
subsidiaries or affiliates of National
Paints Factories Company Limited and
the Sayegh Group, also located in the
U.A.E. Aviation Legacy has addresses in
the U.A.E. and Gambia, West Africa,
and was, as discussed further below,
created as a ‘‘clean’’ company for the
purpose of facilitating the lease of the
747s to an Iranian airline or airlines.
Aban Air is based in and operates out
of Tehran, Iran.
On April 16, 2012, Abdullah Khaled
Ramadan (‘‘Ramadan’’), Managing
Director of both Sayegh Group Aviation
and Sam Air, informed BIS and
provided transaction documents
indicating that three 747s at issue were
obtained by Sayegh Group Aviation
from Qantas Airlines in the United
States in August 2010, sold to Sam Air
in July 2011, and then sold yet again to
Aviation Legacy on December 20, 2011.
Less than ten days later, on or about
December 29, 2011, Aviation Legacy
leased one of the 747s for reexport to
Aban Air in Iran. Ramadan also stated
that this 747 aircraft, MSN 23408, is
currently in Iran and is scheduled to be
reexported again on or about April 30,
2012.
The lease was signed for Aviation
Legacy by its chairman, Mahmoud
Khalil Hamze (a/k/a Mahmoud Khalil,
a/k/a Mahmoud Hamza Khalil), and for
Aban Air by its chairman, Ali Mahdavi.
Hamze was present when Ramadan
made these statements to BIS, and did
not contradict or seek to contradict any
statements made by Ramadan.
Ramadan provided details about the
transactions and the parties and aircraft
involved. He was in possession of all of
the pertinent Bills of Sale for the three
aircraft as well as the subsequent leasing
agreement to Aban Air. He admitted that
the transactions were structured so that
the lease to Aban Air would appear to
be through a ‘‘clean’’ company, Aviation
Legacy, created for reasons he vaguely
described as having to do with an
administrative dispute. He also
indicated that Sam Air had been created
at the order of Saleem Al Sayegh, the
chief executive officer of Sam Air’s
parent company, the National Paints
Factories Company Limited, but
declined to explain the reasons why that
had been necessary.
Under the terms of the lease, Aban
Air’s operations under the lease began
on or about March 15, 2012, with the
leased 747 (MSN 23408) to be
reexported back and forth between
Tehran, Iran, and Bangkok, Thailand.
Ramadan denied that any of the TehranBangkok flights had occurred, but
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indicated that this aircraft currently is
located in Iran with Aban Air, and is
expected to be flown out of Iran by on
or about April 30, 2012.
Ramadan also indicated that the other
two 747s have been flown in and out of
various countries in the Middle East,
including Syria, and that at least one of
these 747s is currently located in the
U.A.E.
OEE submits, in sum, that future
violations of the EAR are imminent as
defined in Section 766.24 of the
Regulations. I agree. As provided in
Section 746.7 of the Regulations, no
person may export or reexport any item
that is subject to the EAR, if such
transaction is prohibited by the Iranian
Transactions Regulations (31 CFR part
560) and has not been authorized by the
Treasury Department’s Office of Foreign
Assets Control (‘‘OFAC’’). The evidence
shows that the respondents have already
reexported one Boeing 747 aircraft
(MSN 23408) to Iran without having
received the required OFAC
authorization. Ramadan, Managing
Director of both Sayegh Group Aviation
and Sam Air, admitted this
unauthorized reexport and admitted
another such reexport of this aircraft
was imminent in time. As noted above,
these statements were made in the
presence of Hamze, Aviation Legacy’s
chairman, who did not contradict the
statements in any way. Moreover,
Aviation Legacy was created by Sam
Air/Ramadan in an attempt to make the
lease to Aban Air appear to be by a
‘‘clean’’ company, and as discussed
above, two other 747 aircraft are owned
and intended for lease through Aviation
Legacy.
Thus, the conduct in this case is
deliberate, significant, and likely to
occur again absent the issuance of a
TDO. Therefore, I find that a TDO
naming Sayegh Group Aviation Sam Air
Corporation Limited, Abdullah Khaled
Ramadan, Aviation Legacy (Gambia)
Limited, Mahmoud Khali Hamze (a/k/a
Mahmoud Khalil a/k/a Mahmoud
Hamza Khalil), Aban Air, and Ali
Mahdavi is necessary, in the public
interest, to prevent an imminent
violation of the EAR.
This Order is being issued on an ex
parte basis without a hearing based
upon BIS’s showing of an imminent
violation.
II. Related Person
A. Legal Standard
Section 766.24(c) of the Regulations
provides that a temporary denial order
may be made applicable to related
persons in accordance with Section
766.23. 15 CFR 766.24(c). Section
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices
766.23 provides, in turn, that ‘‘[i]n order
to prevent evasion, [temporary denial
orders] under this part may be made
applicable not only to the respondent,
but also to other persons then or
thereafter related to the respondent by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business.’’ 15 CFR 766.23(a). Pursuant
to Section 766.23(b), a temporary denial
order may be made applicable to a
related person on an ex parte basis
under Section 766.24(a) without need to
provide prior notice. 15 CFR 766.23(a).
mstockstill on DSK4VPTVN1PROD with NOTICES
B. Analysis and Findings
Everex Global Cargo and Courier
(‘‘Everex’’) has a significant corporate
relationship with Aban Air and Ali
Mahdavi. OEE has presented evidence
that Ali Mahdavi, who is chairman of
Aban Air and signed the lease discussed
above that resulted in the unlawful
reexport of a 747, also is the chairman
of Everex. The two entities have the
same offices at the Tehran, Iran Airport.
Everex also lists its branch office in
Tehran as the same location as Aban
Air’s Iranian headquarters. Finally,
according to open source information
obtained by OEE, Everex acts as the
General Sales Agent for Aban Air in
several countries, including Iran and the
U.A.E.
I find pursuant to Section 766.23 that
Everex Global Cargo and Courier is a
related person to Aban Air and Ali
Mahdavi, and that adding Everex Global
Cargo and Courier to the TDO is
necessary to prevent evasion of the
TDO.
III. Order
It is therefore ordered: FIRST, that the
Respondents, SAYEGH GROUP
AVIATION, P.O. Box 5822, Sharjah,
United Arab Emirates; ABAN AIR, No.
1267, Vali Asr Avenue, Tehran, Iran
157177 36511; SAM AIR
CORPORATION LIMITED, P.O. Box
5822, Sharjah, United Arab Emirates,
and 18th Hill Street, Banjul, The
Gambia, West Africa; AVIATION
LEGACY (GAMBIA) LIMITED, c/o
Mahmoud Khali Hamze, Flat 2907,
Almeriki Tower, Sheikh Zayed Road,
Dubai, United Arab Emirates, and G 15,
Kanifing Housing Estate, The Gambia,
West Africa; ABDULLAH KHALED
RAMADAN, Managing Director, Sam
Air Corporation Limited, P.O. Box 5822,
Sharjah, United Arab Emirates; ALI
MAHDAVI, Chairman Aban Air, No.
1267, Vali Asr Avenue, Tehran, Iran
157177 36511; MAHMOUD KHALI
HAMZE (a/k/a MAHMOUD KHALIL a/
k/a MAHMOUD HAMZA KHALIL),
Managing Director, Aviation Legacy
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17:44 Apr 26, 2012
Jkt 226001
(Gambia) Limited, Flat 2907, Almeriki
Tower, Sheikh Zayed Road, Dubai,
United Arab Emirates; and EVEREX
GLOBAL CARGO AND COURIER, Nos.
7 and 8, Opposite Terminal 2, Mahrabad
International Airport, Tehran, Iran, and
No. 1267, Vali Asr Avenue, Tehran, Iran
157177 36511, and each of their
successors or assigns and, when acting
for or on behalf of any of the foregoing,
each of their officers, representatives,
agents or employees (each a ‘‘Denied
Person’’ and collectively the ‘‘Denied
Persons’’) 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. Benefitting 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 reexport to or on behalf
of a Denied Person any item subject to
the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
a 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 a 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 a Denied Person of any
item subject to the EAR that has been
exported from the United States;
D. Obtain from a Denied Person in the
United States any item subject to the
EAR 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 EAR that has
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25135
been or will be exported from the
United States and which is owned,
possessed or controlled by a Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by a 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 a Denied Person
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, reexport, 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, the
Respondents 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 ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
BIS may seek renewal of this Order by
filing a written request with the
Assistant Secretary of Commerce for
Export Enforcement in accordance with
the provisions of Section 766.24(d) of
the EAR, which currently provides that
such a written request must be
submitted not later than 20 days before
the expiration date. A Respondent may
oppose a request to renew this Order in
accordance with Section 766.24(d),
including by filing a written submission
with the Assistant Secretary of
Commerce for Export Enforcement,
supported by appropriate evidence. Any
opposition ordinarily must be received
not later than seven days before the
expiration date of the Order.
Notice of the issuance of this Order
shall be given to Respondents in
accordance with Sections 766.5(b) and
766.24(b)(5) of the Regulations. This
Order also shall be published in the
Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices
Dated: Issued this 23rd day, of April 2012.
Donald G. Salo, Jr.,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 2012–10190 Filed 4–26–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China;
Extension of Time Limit for Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: April 27, 2012.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Fred Baker, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4947 or (202) 482–
2924, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 10, 2012, the Department
of Commerce (the Department)
published in the Federal Register the
preliminary results of the 2009–2010
administrative review of the
antidumping duty order on hand trucks
and certain parts thereof from the
People’s Republic of China. See Hand
Trucks and Certain Parts Thereof from
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review, 77 FR 1464
(January 10, 2012) (Preliminary Results).
mstockstill on DSK4VPTVN1PROD with NOTICES
Extension of Time Limits for Final
Results of Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
that the Department complete the final
results of an administrative review
within 120 days after the date on which
notice of the preliminary results was
published in the Federal Register.
However, if it is not practicable to
complete the review within this time
period, section 751(a)(3)(A) of the Act
allows the Department to extend the
time limit for the final results to a
maximum of 180 days after the
publication date of the preliminary
results.
The Department finds that it is not
practicable to complete the final results
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17:44 Apr 26, 2012
Jkt 226001
of this review within the original time
frame because the Department continues
to require additional time to analyze
issues raised in recently filed case and
rebuttal briefs. Thus, the Department
finds it is not practicable to complete
this review by the current deadline (i.e.,
May 9, 2012). Accordingly, the
Department is extending the time limit
for completion of the final results of this
administrative review by an additional
60 days (i.e., until July 8, 2012), in
accordance with section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(2).
This extension is issued and
published in accordance with sections
751(a)(3)(A) and 777(i) of the Act.
Dated: April 20, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–10270 Filed 4–26–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–838]
Seamless Refined Copper Pipe and
Tube From Mexico: Preliminary
Results of Antidumping Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) is conducting a new
shipper review of the antidumping duty
order on seamless refined copper pipe
and tube from Mexico for the period
November 22, 2010, through April 30,
2011, in response to a request from GD
Affiliates S. de R.L. de C.V. (GD
Affiliates).
We preliminarily find that the U.S.
sales of subject merchandise produced
and exported by Golden Dragon 1 were
not sold below normal value (NV). If
these preliminary results are adopted in
our final results, the Department will
instruct U.S. Customs and Border
Protection (CBP) to collect cash deposits
of zero percent and to liquidate without
regard to antidumping duties any
entries for which the assessment rate is
zero or de minimis. See the
‘‘Assessment Rate’’ section of this
notice. Interested parties are invited to
comment on these preliminary results.
SUMMARY:
1 The
Department uses the name Golden Dragon
when we refer to the collective group of Golden
Dragon companies, which includes GD Affiliates.
See ‘‘Corporate Structure’’ section below.
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See the ‘‘Preliminary Results of New
Shipper Review’’ section of this notice.
DATES: Effective Date: April 27, 2012.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Joy Zhang, AD/CVD
Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–5973 or (202) 482–
1168, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the
antidumping duty order on seamless
refined copper pipe and tube from
Mexico on November 22, 2010. See
Seamless Refined Copper Pipe and Tube
From Mexico and the People’s Republic
of China: Antidumping Duty Orders and
Amended Final Determination of Sales
at Less Than Fair Value From Mexico,
75 FR 71070 (November 22, 2010). On
May 31, 2011, the Department received
a request from GD Affiliates in
accordance with 19 CFR 351.214(c), to
conduct a new shipper review of the
antidumping duty order on seamless
refined copper pipe and tube from
Mexico. The Department found that the
request for review met the statutory and
regulatory requirements for initiation in
accordance with section 751(a)(2)(B) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.214(d), and
initiated the review on June 30, 2011.
See Seamless Refined Copper Pipe and
Tube From Mexico: Notice of Initiation
of Antidumping Duty New Shipper
Review, 76 FR 39850 (July 7, 2011).
On July 1, 2011, the Department
issued its new shipper questionnaire to
GD Affiliates. On August 22, 2011,
Golden Dragon submitted its section A
through D response. On September 6,
2011, the petitioners 2 filed a cost
allegation. On October 6, 2011, the
Department initiated a cost
investigation. On September 21, 2011,
the Department issued its first
supplemental questionnaire for sections
A through D, to Golden Dragon, for
which a response was filed on October
12, 2011. On October 26, 2011, the
petitioners requested that the
Department rescind the review, because
GD Affiliates was neither the producer
nor exporter of the subject merchandise,
and the review was not requested by
Golden Dragon’s affiliate, Hong Kong
GD Trading Co., Ltd., the affiliated
2 The domestic interested parties for this
proceeding are Cerro Flow Products, LLC, Wieland
Copper Products, LLC, Mueller Copper Tube
Products, Inc. and Mueller Copper Tube Company,
Inc. (collectively, the petitioners).
E:\FR\FM\27APN1.SGM
27APN1
]]>Agencies
[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Notices]
[Pages 25133-25136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10190]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Temporarily Denying Export Privileges
Sayegh Group Aviation, P.O. Box 5822, Sharjah, United Arab Emirates;
Aban Air, No. 1267, Vali Asr Avenue, Tehran, Iran 157177 36511;
Sam Air Corporation Limited, P.O. Box 5822, Sharjah, United Arab
Emirates, and
18th Hill Street, Banjul, The Gambia, West Africa;
Aviation Legacy (Gambia) Limited, c/o Mahmoud Khali Hamze, Flat
2907, Almeriki Tower, Sheikh Zayed Road, Dubai, United Arab
Emirates, and
G 15, Kanifing Housing Estate, The Gambia, West Africa;
Abdullah Khaled Ramadan, Managing Director, Sam Air Corporation
Limited, P.O. Box 5822, Sharjah, United Arab Emirates;
Ali Mahdavi, Chairman, Aban Air, No. 1267, Vali Asr Avenue, Tehran,
Iran 157177 36511;
Mahmoud Khali Hamze (a/k/a Mahmoud Khalil) a/k/a Mahmoud Hamza
Khalil), Managing Director, Aviation Legacy (Gambia) Limited, Flat
2907, Almeriki Tower, Sheikh Zayed Road, Dubai, United Arab
Emirates;
Everex Global Cargo and Courier, Nos. 7 and 8, Opposite Terminal 2,
Mahrabad International Airport, Tehran, Iran, and
No. 1267, Vali Asr Avenue, Tehran, Iran 157177 36511;
Pursuant to Section 766.24 of the Export Administration Regulations
(``EAR'' or the ``Regulations''),\1\ the Bureau of Industry and
Security (``BIS''), U.S. Department of Commerce, through its Office of
Export Enforcement (``OEE''), has requested that I issue an Order
temporarily denying, for a period of 180 days, the export privileges
under the EAR of:
---------------------------------------------------------------------------
\1\ The EAR is currently codified at 15 CFRCFR parts 730-774
(2011). The EAR are issued under the Export Administration Act of
1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (``EAA''). Since
August 21, 2001, the Act has been in lapse and the President,
through Executive Order 13222 of August 17, 2001 (3 CFRCFR, 2001
Comp. 783 (2002)), which has been extended by successive
presidential notices, the most recent being that of August 12, 2011
(76 FR 50661 (Aug. 16, 2011)), has continued the Regulations in
effect under the International Emergency Economic Powers Act (50
U.S.C. 1701, et seq.) (``IEEPA'').
Sayegh Group Aviation, P.O. Box 5822, Sharjah, United Arab Emirates;
Aban Air, No. 1267, Vali Asr Avenue, Tehran, Iran 157177 36511;
Sam Air Corporation Limited, P.O. Box 5822, Sharjah, United Arab
Emirates, and
18th Hill Street, Banjul, The Gambia, West Africa;
Aviation Legacy (Gambia) Limited, c/o Mahmoud Khali Hamze, Flat
2907, Almeriki Tower, Sheikh Zayed Road, Dubai, United Arab
Emirates, and
G 15, Kanifing Housing Estate, The Gambia, West Africa;
Abdullah Khaled Ramadan, Managing Director, Sam Air Corporation
Limited;
[[Page 25134]]
P.O. Box 5822, Sharjah, United Arab Emirates;
Ali Mahdavi, Chairman Aban Air, No. 1267, Vali Asr Avenue, Tehran,
Iran 157177 36511;
Mahmoud Khali Hamze a/k/a Mahmoud Khalil a/k/a Mahmoud Hamza Khalil,
Managing Director, Aviation Legacy (Gambia) Limited, Flat 2907,
Almeriki Tower, Sheikh Zayed Road, Dubai, United Arab Emirates.
OEE also has requested pursuant to Sections 766.23 and 766.24 of
the Regulations that the following party also be named to the TDO as a
related person to Aban Air and Ali Mahdavi, in order to prevent evasion
of the TDO:
Everex Global Cargo and Courier, Nos 7 and 8, Opposite Terminal 2,
Mahrabad International Airport, Tehran, Iran, and
No. 1267, Vali Asr Avenue, Tehran, Iran.
I. Issuance of Temporary Denial Order
A. Legal Standard
Pursuant to Section 766.24(b) of the Regulations, BIS may issue a
TDO upon a showing that the order is necessary in the public interest
to prevent an ``imminent violation'' of the Regulations. 15 CFR
766.24(b)(1). ``A violation may be `imminent' either in time or degree
of likelihood.'' 15 CFR 766.24(b)(3). BIS may show ``either that a
violation is about to occur, or that the general circumstances of the
matter under investigation or case under criminal or administrative
charges demonstrate a likelihood of future violations.'' Id. As to the
likelihood of future violations, BIS may show that ``the violation
under investigation or charges is significant, deliberate, covert and/
or likely to occur again, rather than technical or negligent [.]'' Id.
A ``lack of information establishing the precise time a violation may
occur does not preclude a finding that a violation is imminent, so long
as there is sufficient reason to believe the likelihood of a
violation.'' Id.
B. Background and Findings
OEE submits that three U.S.-origin Boeing 747 planes, Manufacturer
Serial Number (``MSN'') 23408 (Tail Number C5-SAM), MSN 23224 (Tail
Number C5-AKR), and MSN 23823 (Tail Number C5-SAG), items subject to
the Regulations, classified under Export Control Classification Number
9A991.b, and controlled for Anti-Terrorism reasons, have been
reexported or are intended for reexport to Iran, without the required
U.S. Government authorization, as a result of a series of related
transactions involving Sayegh Group Aviation, Sam Air Corporation
Limited (``Sam Air''), Aviation Legacy (Gambia) Limited (``Aviation
Legacy''), and Aban Air. Sayegh Group Aviation and Sam Air are located
in the United Arab Emirates (``U.A.E.''), and are subsidiaries or
affiliates of National Paints Factories Company Limited and the Sayegh
Group, also located in the U.A.E. Aviation Legacy has addresses in the
U.A.E. and Gambia, West Africa, and was, as discussed further below,
created as a ``clean'' company for the purpose of facilitating the
lease of the 747s to an Iranian airline or airlines. Aban Air is based
in and operates out of Tehran, Iran.
On April 16, 2012, Abdullah Khaled Ramadan (``Ramadan''), Managing
Director of both Sayegh Group Aviation and Sam Air, informed BIS and
provided transaction documents indicating that three 747s at issue were
obtained by Sayegh Group Aviation from Qantas Airlines in the United
States in August 2010, sold to Sam Air in July 2011, and then sold yet
again to Aviation Legacy on December 20, 2011. Less than ten days
later, on or about December 29, 2011, Aviation Legacy leased one of the
747s for reexport to Aban Air in Iran. Ramadan also stated that this
747 aircraft, MSN 23408, is currently in Iran and is scheduled to be
reexported again on or about April 30, 2012.
The lease was signed for Aviation Legacy by its chairman, Mahmoud
Khalil Hamze (a/k/a Mahmoud Khalil, a/k/a Mahmoud Hamza Khalil), and
for Aban Air by its chairman, Ali Mahdavi. Hamze was present when
Ramadan made these statements to BIS, and did not contradict or seek to
contradict any statements made by Ramadan.
Ramadan provided details about the transactions and the parties and
aircraft involved. He was in possession of all of the pertinent Bills
of Sale for the three aircraft as well as the subsequent leasing
agreement to Aban Air. He admitted that the transactions were
structured so that the lease to Aban Air would appear to be through a
``clean'' company, Aviation Legacy, created for reasons he vaguely
described as having to do with an administrative dispute. He also
indicated that Sam Air had been created at the order of Saleem Al
Sayegh, the chief executive officer of Sam Air's parent company, the
National Paints Factories Company Limited, but declined to explain the
reasons why that had been necessary.
Under the terms of the lease, Aban Air's operations under the lease
began on or about March 15, 2012, with the leased 747 (MSN 23408) to be
reexported back and forth between Tehran, Iran, and Bangkok, Thailand.
Ramadan denied that any of the Tehran-Bangkok flights had occurred, but
indicated that this aircraft currently is located in Iran with Aban
Air, and is expected to be flown out of Iran by on or about April 30,
2012.
Ramadan also indicated that the other two 747s have been flown in
and out of various countries in the Middle East, including Syria, and
that at least one of these 747s is currently located in the U.A.E.
OEE submits, in sum, that future violations of the EAR are imminent
as defined in Section 766.24 of the Regulations. I agree. As provided
in Section 746.7 of the Regulations, no person may export or reexport
any item that is subject to the EAR, if such transaction is prohibited
by the Iranian Transactions Regulations (31 CFR part 560) and has not
been authorized by the Treasury Department's Office of Foreign Assets
Control (``OFAC''). The evidence shows that the respondents have
already reexported one Boeing 747 aircraft (MSN 23408) to Iran without
having received the required OFAC authorization. Ramadan, Managing
Director of both Sayegh Group Aviation and Sam Air, admitted this
unauthorized reexport and admitted another such reexport of this
aircraft was imminent in time. As noted above, these statements were
made in the presence of Hamze, Aviation Legacy's chairman, who did not
contradict the statements in any way. Moreover, Aviation Legacy was
created by Sam Air/Ramadan in an attempt to make the lease to Aban Air
appear to be by a ``clean'' company, and as discussed above, two other
747 aircraft are owned and intended for lease through Aviation Legacy.
Thus, the conduct in this case is deliberate, significant, and
likely to occur again absent the issuance of a TDO. Therefore, I find
that a TDO naming Sayegh Group Aviation Sam Air Corporation Limited,
Abdullah Khaled Ramadan, Aviation Legacy (Gambia) Limited, Mahmoud
Khali Hamze (a/k/a Mahmoud Khalil a/k/a Mahmoud Hamza Khalil), Aban
Air, and Ali Mahdavi is necessary, in the public interest, to prevent
an imminent violation of the EAR.
This Order is being issued on an ex parte basis without a hearing
based upon BIS's showing of an imminent violation.
II. Related Person
A. Legal Standard
Section 766.24(c) of the Regulations provides that a temporary
denial order may be made applicable to related persons in accordance
with Section 766.23. 15 CFR 766.24(c). Section
[[Page 25135]]
766.23 provides, in turn, that ``[i]n order to prevent evasion,
[temporary denial orders] under this part may be made applicable not
only to the respondent, but also to other persons then or thereafter
related to the respondent by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business.'' 15 CFR 766.23(a). Pursuant to Section 766.23(b), a
temporary denial order may be made applicable to a related person on an
ex parte basis under Section 766.24(a) without need to provide prior
notice. 15 CFR 766.23(a).
B. Analysis and Findings
Everex Global Cargo and Courier (``Everex'') has a significant
corporate relationship with Aban Air and Ali Mahdavi. OEE has presented
evidence that Ali Mahdavi, who is chairman of Aban Air and signed the
lease discussed above that resulted in the unlawful reexport of a 747,
also is the chairman of Everex. The two entities have the same offices
at the Tehran, Iran Airport. Everex also lists its branch office in
Tehran as the same location as Aban Air's Iranian headquarters.
Finally, according to open source information obtained by OEE, Everex
acts as the General Sales Agent for Aban Air in several countries,
including Iran and the U.A.E.
I find pursuant to Section 766.23 that Everex Global Cargo and
Courier is a related person to Aban Air and Ali Mahdavi, and that
adding Everex Global Cargo and Courier to the TDO is necessary to
prevent evasion of the TDO.
III. Order
It is therefore ordered: FIRST, that the Respondents, SAYEGH GROUP
AVIATION, P.O. Box 5822, Sharjah, United Arab Emirates; ABAN AIR, No.
1267, Vali Asr Avenue, Tehran, Iran 157177 36511; SAM AIR CORPORATION
LIMITED, P.O. Box 5822, Sharjah, United Arab Emirates, and 18th Hill
Street, Banjul, The Gambia, West Africa; AVIATION LEGACY (GAMBIA)
LIMITED, c/o Mahmoud Khali Hamze, Flat 2907, Almeriki Tower, Sheikh
Zayed Road, Dubai, United Arab Emirates, and G 15, Kanifing Housing
Estate, The Gambia, West Africa; ABDULLAH KHALED RAMADAN, Managing
Director, Sam Air Corporation Limited, P.O. Box 5822, Sharjah, United
Arab Emirates; ALI MAHDAVI, Chairman Aban Air, No. 1267, Vali Asr
Avenue, Tehran, Iran 157177 36511; MAHMOUD KHALI HAMZE (a/k/a MAHMOUD
KHALIL a/k/a MAHMOUD HAMZA KHALIL), Managing Director, Aviation Legacy
(Gambia) Limited, Flat 2907, Almeriki Tower, Sheikh Zayed Road, Dubai,
United Arab Emirates; and EVEREX GLOBAL CARGO AND COURIER, Nos. 7 and
8, Opposite Terminal 2, Mahrabad International Airport, Tehran, Iran,
and No. 1267, Vali Asr Avenue, Tehran, Iran 157177 36511, and each of
their successors or assigns and, when acting for or on behalf of any of
the foregoing, each of their officers, representatives, agents or
employees (each a ``Denied Person'' and collectively the ``Denied
Persons'') 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. Benefitting 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 reexport to or on behalf of a Denied Person any item
subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by a 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 a 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 a Denied Person of any item subject to
the EAR that has been exported from the United States;
D. Obtain from a Denied Person in the United States any item
subject to the EAR 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 EAR
that has been or will be exported from the United States and which is
owned, possessed or controlled by a Denied Person, or service any item,
of whatever origin, that is owned, possessed or controlled by a 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 a Denied Person 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, reexport, 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,
the Respondents 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 ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland 21202-4022.
BIS may seek renewal of this Order by filing a written request with
the Assistant Secretary of Commerce for Export Enforcement in
accordance with the provisions of Section 766.24(d) of the EAR, which
currently provides that such a written request must be submitted not
later than 20 days before the expiration date. A Respondent may oppose
a request to renew this Order in accordance with Section 766.24(d),
including by filing a written submission with the Assistant Secretary
of Commerce for Export Enforcement, supported by appropriate evidence.
Any opposition ordinarily must be received not later than seven days
before the expiration date of the Order.
Notice of the issuance of this Order shall be given to Respondents
in accordance with Sections 766.5(b) and 766.24(b)(5) of the
Regulations. This Order also shall be published in the Federal
Register.
This Order is effective immediately and shall remain in effect for
180 days.
[[Page 25136]]
Dated: Issued this 23rd day, of April 2012.
Donald G. Salo, Jr.,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2012-10190 Filed 4-26-12; 8:45 am]
BILLING CODE P
