Order Relating to Air Bashkortostan, LTD., 53489-53490 [2015-21978]
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Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices
Current Civil Rights Issues in Illinois
Future Plans and Actions
Open Comment
Adjournment
DATES: The meeting will be held on
Wednesday, September 30, 2015, at
12:00 p.m. CDT.
Public Call Information:
Dial: 888–510–1765
Conference ID: 9957072
FOR FURTHER INFORMATION CONTACT:
Melissa Wojnaroski, DFO, at 312–353–
8311 or mwojnaroski@usccr.gov.
DEPARTMENT OF COMMERCE
Dated: September 1, 2015.
David Mussatt,
Chief, Regional Programs Unit.
53489
Pursuant to section 251 of the Trade
Act 1974, as amended (19 U.S.C. 2341
et seq.), the Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
Economic Development
Administration, Department of
Commerce.
ACTION: Notice and opportunity for
public comment.
AGENCY:
[FR Doc. 2015–21966 Filed 9–3–15; 8:45 am]
BILLING CODE 6335–01–P
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of these
firms contributed importantly to the
total or partial separation of the firm’s
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
[8/26/2015 through 8/31/2015]
Date
accepted for
investigation
Firm name
Firm address
NU–CO Tool, Inc ...........
Bamar Plastics, Inc ........
7310 North Liberty, Edinburg, TX 78541 .............
1702 South Robinson Street, South Bend, IN
46613.
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
71030, 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: August 31, 2015.
Michael S. DeVillo,
Eligibility Examiner.
[FR Doc. 2015–21977 Filed 9–3–15; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
mstockstill on DSK4VPTVN1PROD with NOTICES
Bureau of Industry and Security
[15–BIS–001]
Order Relating to Air Bashkortostan,
LTD.
In the Matter of:
Air Bashkortostan, LTD. with a last known
address of:
VerDate Sep<11>2014
16:57 Sep 03, 2015
Jkt 235001
8/26/2015
8/26/2015
142001, Moscow Region, City of
Domodedovo, Centralny District,
Promyshlennaya Street, 11B, Russian
Federation, Respondent.
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Air Bashkortostan, LTD., of
Bashkortostan, Russia (‘‘Air
Bashkortostan’’), that it has initiated an
administrative proceeding against Air
Bashkortostan pursuant to Section 766.3
of the Export Administration
Regulations (the ‘‘Regulations’’),1 and
Section 13(c) of the Export
Administration Act of 1979, as amended
(the ‘‘Act’’),2 through the issuance of a
Charging Letter to Air Bashkortostan
that alleges that Air Bashkortostan
committed four violations of the
Regulations. Specifically, the charges
are:
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2015). The charged violations occurred in
2009. The Regulations governing the violations at
issue are found in the 2009 version of the Code of
Federal Regulations (15 CFR parts 730–774 (2009)).
The 2015 Regulations set forth the procedures that
apply to this matter.
2 50 U.S.C. app. §§ 2401–2420 (2000). 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)),
which has been extended by successive Presidential
Notices, the most recent being that of August 7,
2015 (80 FR 48,233 (Aug. 11, 2015)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq. (2006 & Supp. IV 2010).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Product(s)
The firm manufactures precision machined tools.
The firm manufactures precision injection molded
thermoplastic parts for the automotive industry.
Charges 1–4: 15 CFR 764.2(a)—
Engaging in Prohibited Conduct
On four occasions between on or
about January 7, 2009, and on or about
March 19, 2009, Air Bashkortostan
engaged in conduct prohibited by the
Regulations when on each occasion it
reexported a Boeing 757 aircraft from
Russia to Iran without the required U.S.
Government authorization. These four
U.S.-origin aircraft were subject to the
Regulations, classified under Export
Control Classification Number
(‘‘ECCN’’) 9A991.b, and controlled for
anti-terrorism reasons pursuant to
Sections 742.8 and 746.7 of the
Regulations. The transactions were
valued at a total of $4.5 million.
The aircraft were reexported pursuant
to lease agreements between Air
Bashkortostan and Eram Air, an airline
based in Iran, and were operated on
flights into and out of Iran, a Country
Group E:1 destination under the
Regulations.3 During the period of the
leases, the maintenance of the aircraft
was performed in Iran.
At all times pertinent hereto, Sections
742.8 and 746.7 of the Regulations
imposed a BIS license requirement for
the reexport of these aircraft from any
foreign country, including Russia, to
Iran. In order to avoid duplication,
reexporters were not required under the
3 See Supplement No. 1 to 15 CFR part 740
(2009).
E:\FR\FM\04SEN1.SGM
04SEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
53490
Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices
Regulations to seek authorization from
both BIS and the Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) for exports and reexports
subject to both the Regulations and the
Iranian Transactions Regulations
(‘‘ITR’’) administered by OFAC.4
Accordingly, an authorization granted
by OFAC would have been considered
authorization for purposes of the EAR as
well. However, Air Bashkortostan did
not seek or obtain authorization from
BIS, or from OFAC, in connection with
any of the transactions at issue.
In engaging in the activity alleged
above, Air Bashkortostan committed
four violations of Section 764.2(a) of the
Regulations.
Whereas, BIS and Air Bashkortostan
have entered into a Settlement
Agreement pursuant to Section
766.18(b) of the Regulations, whereby
they agreed to settle this matter in
accordance with the terms and
conditions set forth therein; and
Whereas, I have approved of the terms
of such Settlement Agreement;
It is therefore ordered:
First, Air Bashkortostan shall be
assessed a civil penalty in the amount
of $350,000, all of which shall be
suspended for a period of one year from
the date of this Order, and thereafter
shall be waived, provided that during
this one-year probationary period, Air
Bashkortostan has committed no
violation of the Act, or any regulation,
order, license, or authorization issued
thereunder. If Air Bashkortostan
commits a violation of the Act or any
regulation, order, license, or
authorization issued thereunder, during
the probationary period under this
Order, the suspension of the civil
penalty may be modified or revoked by
BIS and the $350,000 made due and
owing immediately.
Second, that for a period of one (1)
year from the date of this Order, Air
Bashkortostan LTD., with a last known
address of 142001, Moscow Region, City
of Domodedovo, Centralny District,
Promyshlennaya Street, 11B, Russian
Federation, and when acting for or on
its behalf, its successors, assigns,
directors, officers, employees,
representatives, or agents, (hereinafter
collectively referred to as ‘‘Denied
Person’’), may not, directly or indirectly,
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
4 31 CFR part 560 (2009). By Federal Register
notice dated October 22, 2012, the Department of
the Treasury’s Office of Foreign Assets Control
renamed the ITR as the Iranian Transactions and
Sanctions Regulations and reissued the set of
regulations in its entirety. 77 FR 64,664 (Oct. 22,
2012).
VerDate Sep<11>2014
16:57 Sep 03, 2015
Jkt 235001
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, or in any other activity
subject to the Regulations, including,
but not limited to:
A. Applying for, obtaining, or using
any license, License Exception, or
export control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or in any
other activity subject to the Regulations;
or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Third, that no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Fourth, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to the 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 the Order.
Fifth, Air Bashkortostan shall not take
any action or make or permit to be made
any public statement, directly or
indirectly, denying the allegations in the
Charging Letter or the Order. The
foregoing does not affect Air
Bashkortostan’s testimonial obligations
in any proceeding, nor does it affect its
right to take legal or factual positions in
civil litigation or other civil proceedings
in which the U.S. Department of
Commerce is not a party.
Sixth, that the Charging Letter, the
Settlement Agreement, and this Order
shall be made available to the public.
Seventh, that this Order shall be
served on Air Bashkortostan, and shall
be published in the Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.5
Issued this 28th day of August, 2015.
Richard R. Majauskas,
Deputy Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 2015–21978 Filed 9–3–15; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the People’s
Republic of China: Preliminary Results
of the Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2013–
2014
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting the sixth
administrative review of the
antidumping duty order on certain steel
nails (‘‘nails’’) from the People’s
Republic of China (‘‘PRC’’).1 The
Department selected two respondents
AGENCY:
5 Review and consideration of this matter have
been delegated to the Deputy Assistant Secretary of
Commerce for Export Enforcement.
1 See Notice of Antidumping Duty Order: Certain
Steel Nails from the People’s Republic of China, 73
FR 44961 (August 1, 2008) (‘‘Order’’).
E:\FR\FM\04SEN1.SGM
04SEN1
]]>Agencies
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53489-53490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21978]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[15-BIS-001]
Order Relating to Air Bashkortostan, LTD.
In the Matter of:
Air Bashkortostan, LTD. with a last known address of:
142001, Moscow Region, City of Domodedovo, Centralny District,
Promyshlennaya Street, 11B, Russian Federation, Respondent.
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS''), has notified Air Bashkortostan, LTD., of Bashkortostan,
Russia (``Air Bashkortostan''), that it has initiated an administrative
proceeding against Air Bashkortostan pursuant to Section 766.3 of the
Export Administration Regulations (the ``Regulations''),\1\ and Section
13(c) of the Export Administration Act of 1979, as amended (the
``Act''),\2\ through the issuance of a Charging Letter to Air
Bashkortostan that alleges that Air Bashkortostan committed four
violations of the Regulations. Specifically, the charges are:
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2015). The charged
violations occurred in 2009. The Regulations governing the
violations at issue are found in the 2009 version of the Code of
Federal Regulations (15 CFR parts 730-774 (2009)). The 2015
Regulations set forth the procedures that apply to this matter.
\2\ 50 U.S.C. app. Sec. Sec. 2401-2420 (2000). 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)),
which has been extended by successive Presidential Notices, the most
recent being that of August 7, 2015 (80 FR 48,233 (Aug. 11, 2015)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
IV 2010).
---------------------------------------------------------------------------
Charges 1-4: 15 CFR 764.2(a)--Engaging in Prohibited Conduct
On four occasions between on or about January 7, 2009, and on or
about March 19, 2009, Air Bashkortostan engaged in conduct prohibited
by the Regulations when on each occasion it reexported a Boeing 757
aircraft from Russia to Iran without the required U.S. Government
authorization. These four U.S.-origin aircraft were subject to the
Regulations, classified under Export Control Classification Number
(``ECCN'') 9A991.b, and controlled for anti-terrorism reasons pursuant
to Sections 742.8 and 746.7 of the Regulations. The transactions were
valued at a total of $4.5 million.
The aircraft were reexported pursuant to lease agreements between
Air Bashkortostan and Eram Air, an airline based in Iran, and were
operated on flights into and out of Iran, a Country Group E:1
destination under the Regulations.\3\ During the period of the leases,
the maintenance of the aircraft was performed in Iran.
---------------------------------------------------------------------------
\3\ See Supplement No. 1 to 15 CFR part 740 (2009).
---------------------------------------------------------------------------
At all times pertinent hereto, Sections 742.8 and 746.7 of the
Regulations imposed a BIS license requirement for the reexport of these
aircraft from any foreign country, including Russia, to Iran. In order
to avoid duplication, reexporters were not required under the
[[Page 53490]]
Regulations to seek authorization from both BIS and the Treasury
Department's Office of Foreign Assets Control (``OFAC'') for exports
and reexports subject to both the Regulations and the Iranian
Transactions Regulations (``ITR'') administered by OFAC.\4\
Accordingly, an authorization granted by OFAC would have been
considered authorization for purposes of the EAR as well. However, Air
Bashkortostan did not seek or obtain authorization from BIS, or from
OFAC, in connection with any of the transactions at issue.
---------------------------------------------------------------------------
\4\ 31 CFR part 560 (2009). By Federal Register notice dated
October 22, 2012, the Department of the Treasury's Office of Foreign
Assets Control renamed the ITR as the Iranian Transactions and
Sanctions Regulations and reissued the set of regulations in its
entirety. 77 FR 64,664 (Oct. 22, 2012).
---------------------------------------------------------------------------
In engaging in the activity alleged above, Air Bashkortostan
committed four violations of Section 764.2(a) of the Regulations.
Whereas, BIS and Air Bashkortostan have entered into a Settlement
Agreement pursuant to Section 766.18(b) of the Regulations, whereby
they agreed to settle this matter in accordance with the terms and
conditions set forth therein; and
Whereas, I have approved of the terms of such Settlement Agreement;
It is therefore ordered:
First, Air Bashkortostan shall be assessed a civil penalty in the
amount of $350,000, all of which shall be suspended for a period of one
year from the date of this Order, and thereafter shall be waived,
provided that during this one-year probationary period, Air
Bashkortostan has committed no violation of the Act, or any regulation,
order, license, or authorization issued thereunder. If Air
Bashkortostan commits a violation of the Act or any regulation, order,
license, or authorization issued thereunder, during the probationary
period under this Order, the suspension of the civil penalty may be
modified or revoked by BIS and the $350,000 made due and owing
immediately.
Second, that for a period of one (1) year from the date of this
Order, Air Bashkortostan LTD., with a last known address of 142001,
Moscow Region, City of Domodedovo, Centralny District, Promyshlennaya
Street, 11B, Russian Federation, and when acting for or on its behalf,
its successors, assigns, directors, officers, employees,
representatives, or agents, (hereinafter collectively referred to as
``Denied Person''), may not, directly or indirectly, participate in any
way in any transaction involving any commodity, software or technology
(hereinafter collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the Regulations, or
in any other activity subject to the Regulations, including, but not
limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
Third, that no person may, directly or indirectly, do any of the
following:
A. Export or reexport to or on behalf of the Denied Person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
Fourth, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to the 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
the Order.
Fifth, Air Bashkortostan shall not take any action or make or
permit to be made any public statement, directly or indirectly, denying
the allegations in the Charging Letter or the Order. The foregoing does
not affect Air Bashkortostan's testimonial obligations in any
proceeding, nor does it affect its right to take legal or factual
positions in civil litigation or other civil proceedings in which the
U.S. Department of Commerce is not a party.
Sixth, that the Charging Letter, the Settlement Agreement, and this
Order shall be made available to the public.
Seventh, that this Order shall be served on Air Bashkortostan, and
shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.\5\
---------------------------------------------------------------------------
\5\ Review and consideration of this matter have been delegated
to the Deputy Assistant Secretary of Commerce for Export
Enforcement.
Issued this 28th day of August, 2015.
Richard R. Majauskas,
Deputy Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2015-21978 Filed 9-3-15; 8:45 am]
BILLING CODE P
