Initiation of Five-Year (Sunset) Reviews, 12915-12916 [2023-04187]

Download as PDF Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Notices ddrumheller on DSK120RN23PROD with NOTICES B. Ongoing Procurement Attempts As evidenced by the multiple transactions involving Balakaev and the Balakaev Network dating back to 2017 described in the OEE request and indictment, Balakaev has demonstrated a pattern of conduct involving the illicit procurement and unauthorized exports of EAR controlled items for end use by the FSB and DPRK. Further, as detailed in OEE’s request and related information, Balakaev made statements to law enforcement that he intended to continue to procure EAR controlled items through other means and is still obtaining contracts through the FSB. III. Findings As described above, I find that the evidence presented by BIS demonstrates that a violation of the Regulations by the above-captioned parties is imminent in both time and degree of likelihood. As such, a TDO is needed to give notice to persons and companies in the United States and abroad that they should cease dealing with Ilya Balakaev and Radiotester OOO a/k/a Radiotester LLC in export or reexport transactions involving items subject to the EAR. Such a TDO is consistent with the public interest to preclude future violations of the Regulations given the deliberate, covert, and determined nature of the misconduct and clear disregard for complying with U.S. export control laws. This Order is being issued on an ex parte basis without a hearing based upon BIS’s showing of an imminent violation in accordance with section 766.24 of the Regulations. It is therefore ordered: First, that ILYA BALAKAEV, with an address at Sharikopodshipnikovkaya 20–68 Moscow, Russian Federation; RADIOTESTER OOO A/K/A RADIOTESTER LLC, with an address at Sharikopodshipnikovskaya 11, Building 1, Moscow, 115088, Russian Federation, and Volgograd Prospect, House 2, Moscow, 109316, Russian Federation; and when acting for or on their behalf, any successors or assigns, 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 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, VerDate Sep<11>2014 18:10 Feb 28, 2023 Jkt 259001 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 Ilya Balakaev and Radiotester OOO a/k/a Radiotester LLC 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. In accordance with the provisions of section 766.24(e) of the EAR, Ilya Balakaev and Radiotester OOO a/k/a Radiotester LLC may, at any time, appeal this Order by filing a full written PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 12915 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. 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. Respondents Ilya Balakaev and Radiotester OOO a/k/ a Radiotester LLC 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 each denied person and shall be published in the Federal Register. This Order is effective immediately and shall remain in effect for 180 days. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2023–04189 Filed 2–28–23; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (Sunset) Reviews Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: In accordance with the Tariff Act of 1930, as amended (the Act), the U.S. Department of Commerce (Commerce) is automatically initiating the five-year reviews (Sunset Reviews) of the antidumping and countervailing duty (AD/CVD) order(s) and suspended investigation(s) listed below. The U.S. International Trade Commission (the ITC) is publishing concurrently with this notice its notice of Institution of Five-Year Reviews which covers the same order(s) and suspended investigation(s). SUMMARY: DATES: Applicable March 1, 2023. FOR FURTHER INFORMATION CONTACT: Commerce official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For information from the ITC, contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. E:\FR\FM\01MRN1.SGM 01MRN1 12916 Federal Register / Vol. 88, No. 40 / Wednesday, March 1, 2023 / Notices SUPPLEMENTARY INFORMATION: Background Commerce’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (Sunset) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR DOC case No. ITC case No. A–570–053 .... A–570–863 1 .. A–570–905 2 .. C–570–054 .... 731–TA–1346 731–TA–893 731–TA–1104 701–TA–570 Country China China China China ........... ........... ........... ........... Filing Information As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Commerce’s regulations, Commerce’s schedule for Sunset Reviews, a listing of revocations and continuations through June 2018, and current service lists, available to the public on Commerce’s website at the following address: https:// enforcement.trade.gov/sunset/. All submissions in these Sunset Reviews must be filed in accordance with Commerce’s regulations regarding format, translation, and service of documents. These rules, including electronic filing requirements via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), can be found at 19 CFR 351.303. In accordance with section 782(b) of the Act, any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information. Parties must use the certification formats provided in 19 CFR 351.303(g). Commerce intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. Letters of Appearance and Administrative Protective Orders ddrumheller on DSK120RN23PROD with NOTICES Pursuant to 19 CFR 351.103(d), Commerce will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year 1 Commerce inadvertently identified this case number as A–533–817 and, hereby, makes the correction. See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review, 88 FR 6702 (February 1, 2023). 2 Commerce inadvertently identified this case number as A–560–805 and, hereby, makes the correction. Id. VerDate Sep<11>2014 18:10 Feb 28, 2023 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to Commerce’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Jkt 259001 Modification, 77 FR 8101 (February 14, 2012). Initiation of Review In accordance with section 751(c) of the Act and 19 CFR 351.218(c), we are initiating the Sunset Reviews of the following AD/CVD order(s) and suspended investigation(s): Product Commerce contact Aluminum Foil (1st Review) ..................................... Honey (4th Review) ................................................. Polyester Staple Fiber (3rd Review) ........................ Aluminum Foil (1st Review) ..................................... reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation. Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (APO) to file an APO application immediately following publication in the Federal Register of this notice of initiation. Commerce’s regulations on submission of proprietary information and eligibility to receive access to business proprietary information under APO can be found at 19 CFR 351.304–306. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.3 Information Required From Interested Parties Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the Federal Register of this notice of initiation by filing a notice of intent to participate. The required contents of the notice of intent to participate are set forth at 19 CFR 351.218(d)(1)(ii). In accordance with Commerce’s regulations, if we do not receive a notice of intent to participate from at least one domestic interested party by the 15-day deadline, Commerce will automatically revoke the order without further review.4 3 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). 4 See 19 CFR 351.218(d)(1)(iii). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Jacky Arrowsmith, (202) 482–5255. Thomas Martin, (202) 482–3936. Thomas Martin, (202) 482–3936. Jacky Arrowsmith, (202) 482–5255. If we receive an order-specific notice of intent to participate from a domestic interested party, Commerce’s regulations provide that all parties wishing to participate in a Sunset Review must file complete substantive responses not later than 30 days after the date of publication in the Federal Register of this notice of initiation. The required contents of a substantive response, on an order-specific basis, are set forth at 19 CFR 351.218(d)(3). Note that certain information requirements differ for respondent and domestic parties. Also, note that Commerce’s information requirements are distinct from the ITC’s information requirements. Consult Commerce’s regulations for information regarding Commerce’s conduct of Sunset Reviews. Consult Commerce’s regulations at 19 CFR part 351 for definitions of terms and for other general information concerning AD and CVD proceedings at Commerce. Notification to Interested Parties This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c). Dated: February 10, 2023. James Maeder, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2023–04187 Filed 2–28–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 88, Number 40 (Wednesday, March 1, 2023)]
[Notices]
[Pages 12915-12916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04187]


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DEPARTMENT OF COMMERCE

International Trade Administration


Initiation of Five-Year (Sunset) Reviews

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: In accordance with the Tariff Act of 1930, as amended (the 
Act), the U.S. Department of Commerce (Commerce) is automatically 
initiating the five-year reviews (Sunset Reviews) of the antidumping 
and countervailing duty (AD/CVD) order(s) and suspended 
investigation(s) listed below. The U.S. International Trade Commission 
(the ITC) is publishing concurrently with this notice its notice of 
Institution of Five-Year Reviews which covers the same order(s) and 
suspended investigation(s).

DATES: Applicable March 1, 2023.

FOR FURTHER INFORMATION CONTACT: Commerce official identified in the 
Initiation of Review section below at AD/CVD Operations, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. For 
information from the ITC, contact Mary Messer, Office of 
Investigations, U.S. International Trade Commission at (202) 205-3193.

[[Page 12916]]


SUPPLEMENTARY INFORMATION:

Background

    Commerce's procedures for the conduct of Sunset Reviews are set 
forth in its Procedures for Conducting Five-Year (Sunset) Reviews of 
Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or 
analytical issues relevant to Commerce's conduct of Sunset Reviews is 
set forth in Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping Duty 
Proceedings; Final Modification, 77 FR 8101 (February 14, 2012).

Initiation of Review

    In accordance with section 751(c) of the Act and 19 CFR 351.218(c), 
we are initiating the Sunset Reviews of the following AD/CVD order(s) 
and suspended investigation(s):

----------------------------------------------------------------------------------------------------------------
     DOC case No.             ITC case No.              Country               Product          Commerce contact
----------------------------------------------------------------------------------------------------------------
A-570-053.............  731-TA-1346              China................  Aluminum Foil (1st   Jacky Arrowsmith,
                                                                         Review).             (202) 482-5255.
A-570-863 \1\.........  731-TA-893               China................  Honey (4th Review).  Thomas Martin,
                                                                                              (202) 482-3936.
A-570-905 \2\.........  731-TA-1104              China................  Polyester Staple     Thomas Martin,
                                                                         Fiber (3rd Review).  (202) 482-3936.
C-570-054.............  701-TA-570               China................  Aluminum Foil (1st   Jacky Arrowsmith,
                                                                         Review).             (202) 482-5255.
----------------------------------------------------------------------------------------------------------------

Filing Information
---------------------------------------------------------------------------

    \1\ Commerce inadvertently identified this case number as A-533-
817 and, hereby, makes the correction. See Antidumping or 
Countervailing Duty Order, Finding, or Suspended Investigation; 
Advance Notification of Sunset Review, 88 FR 6702 (February 1, 
2023).
    \2\ Commerce inadvertently identified this case number as A-560-
805 and, hereby, makes the correction. Id.
---------------------------------------------------------------------------

    As a courtesy, we are making information related to sunset 
proceedings, including copies of the pertinent statute and Commerce's 
regulations, Commerce's schedule for Sunset Reviews, a listing of 
revocations and continuations through June 2018, and current service 
lists, available to the public on Commerce's website at the following 
address: https://enforcement.trade.gov/sunset/. All submissions in 
these Sunset Reviews must be filed in accordance with Commerce's 
regulations regarding format, translation, and service of documents. 
These rules, including electronic filing requirements via Enforcement 
and Compliance's Antidumping and Countervailing Duty Centralized 
Electronic Service System (ACCESS), can be found at 19 CFR 351.303.
    In accordance with section 782(b) of the Act, any party submitting 
factual information in an AD/CVD proceeding must certify to the 
accuracy and completeness of that information. Parties must use the 
certification formats provided in 19 CFR 351.303(g). Commerce intends 
to reject factual submissions if the submitting party does not comply 
with applicable revised certification requirements.

Letters of Appearance and Administrative Protective Orders

    Pursuant to 19 CFR 351.103(d), Commerce will maintain and make 
available a public service list for these proceedings. Parties wishing 
to participate in any of these five-year reviews must file letters of 
appearance as discussed at 19 CFR 351.103(d). To facilitate the timely 
preparation of the public service list, it is requested that those 
seeking recognition as interested parties to a proceeding submit an 
entry of appearance within 10 days of the publication of the Notice of 
Initiation. Because deadlines in Sunset Reviews can be very short, we 
urge interested parties who want access to proprietary information 
under administrative protective order (APO) to file an APO application 
immediately following publication in the Federal Register of this 
notice of initiation. Commerce's regulations on submission of 
proprietary information and eligibility to receive access to business 
proprietary information under APO can be found at 19 CFR 351.304-306. 
Note that Commerce has temporarily modified certain of its requirements 
for serving documents containing business proprietary information, 
until further notice.\3\
---------------------------------------------------------------------------

    \3\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

Information Required From Interested Parties

    Domestic interested parties, as defined in section 771(9)(C), (D), 
(E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to 
participate in a Sunset Review must respond not later than 15 days 
after the date of publication in the Federal Register of this notice of 
initiation by filing a notice of intent to participate. The required 
contents of the notice of intent to participate are set forth at 19 CFR 
351.218(d)(1)(ii). In accordance with Commerce's regulations, if we do 
not receive a notice of intent to participate from at least one 
domestic interested party by the 15-day deadline, Commerce will 
automatically revoke the order without further review.\4\
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.218(d)(1)(iii).
---------------------------------------------------------------------------

    If we receive an order-specific notice of intent to participate 
from a domestic interested party, Commerce's regulations provide that 
all parties wishing to participate in a Sunset Review must file 
complete substantive responses not later than 30 days after the date of 
publication in the Federal Register of this notice of initiation. The 
required contents of a substantive response, on an order-specific 
basis, are set forth at 19 CFR 351.218(d)(3). Note that certain 
information requirements differ for respondent and domestic parties. 
Also, note that Commerce's information requirements are distinct from 
the ITC's information requirements. Consult Commerce's regulations for 
information regarding Commerce's conduct of Sunset Reviews. Consult 
Commerce's regulations at 19 CFR part 351 for definitions of terms and 
for other general information concerning AD and CVD proceedings at 
Commerce.

Notification to Interested Parties

    This notice of initiation is being published in accordance with 
section 751(c) of the Act and 19 CFR 351.218(c).

    Dated: February 10, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-04187 Filed 2-28-23; 8:45 am]
BILLING CODE 3510-DS-P
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