Order Renewing Temporary Denial of Export Privileges; PJSC Aeroflot, 1 Arbat St., 119019, Moscow, Russia, 19609-19612 [2023-06835]
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Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices
OMB Control Number: 0694–0012.
Form Number(s): None.
Type of Request: Extension of a
current information collection.
Number of Respondents: 423.
Average Hours per Response: 1 to 11⁄2
hours.
Burden Hours: 494.
Needs and Uses: This information is
used to monitor requests for
participation in foreign boycotts against
countries friendly to the U.S. The
information is analyzed to note
changing trends and to decide upon
appropriate action to be taken to carry
out the United States’ policy of
discouraging United States persons from
participating in foreign restrictive trade
practices and boycotts directed against
countries friendly to the United States.
Affected Public: Business or other forprofit organizations.
Frequency: On Occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: EAR Sections 764.5,
and 764.7.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0694–0012.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–06803 Filed 3–31–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
lotter on DSK11XQN23PROD with NOTICES1
Bureau of Industry and Security
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Foreign Availability
Procedures
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
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1995, on or after the date of publication
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on November
22, 2022, during a 60-day comment
period. This notice allows for an
additional 30 days for public comments.
Agency: Bureau of Industry and
Security, Department of Commerce.
Title: Foreign Availability Procedures.
OMB Control Number: 0694–0004.
Form Number(s): None.
Type of Request: Extension of a
current information collection.
Number of Respondents: 2.
Average Hours per Response: 255.
Burden Hours: 510.
Needs and Uses: This information is
collected in order to respond to requests
by Congress and industry to make
foreign availability determinations in
accordance with Section 768 of the
Export Administration Regulations.
Exporters are urged to voluntarily
submit data to support the contention
that items controlled for export for
national security reasons are availablein-fact, from a non-U.S. source, in
sufficient quantity and of comparable
quality so as to render the control
ineffective.
Affected Public: Business or other forprofit organizations.
Frequency: On Occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: Section 1754(a)(6) of
the Export Control Reform Act (ECRA).
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0694–0004.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–06801 Filed 3–31–23; 8:45 am]
BILLING CODE 3510–33–P
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19609
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of
Export Privileges; PJSC Aeroflot, 1
Arbat St., 119019, Moscow, Russia
Pursuant to section 766.24 of the
Export Administration Regulations, 15
CFR parts 730–774 (‘‘EAR’’ or ‘‘the
Regulations’’),1 I hereby grant the
request of the Office of Export
Enforcement (‘‘OEE’’) to renew the
temporary denial order (‘‘TDO’’) issued
in this matter on October 3, 2022. I find
that renewal of this order is necessary
in the public interest to prevent an
imminent violation of the Regulations.
I. Procedural History
On April 7, 2022, I signed an order
denying PJSC Aeroflot’s (‘‘Aeroflot’’)
export privileges for a period of 180
days on the ground that issuance of the
order was necessary in the public
interest to prevent an imminent
violation of the Regulations. The order
was issued ex parte pursuant to section
766.24(a) of the Regulations and was
effective upon issuance.2 This
temporary denial order was
subsequently renewed in accordance
with section 766.24(d) of the
Regulations.3 The renewal order issued
on October 3, 2022 and was effective
upon issuance.4
On March 7, 2023, BIS, through OEE,
submitted a written request for renewal
of the TDO that issued on October 3,
1 On August 13, 2018, the President signed into
law the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, which
includes the Export Control Reform Act of 2018, 50
U.S.C. 4801–4852 (‘‘ECRA’’). While section 1766 of
ECRA repeals the provisions of the Export
Administration Act, 50 U.S.C. App. 2401 et seq.
(‘‘EAA’’), (except for three sections which are
inapplicable here), section 1768 of ECRA provides,
in pertinent part, that all orders, rules, regulations,
and other forms of administrative action that were
made or issued under the EAA, including as
continued in effect pursuant to the International
Emergency Economic Powers Act, 50 U.S.C. 1701
et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s
date of enactment (August 13, 2018), shall continue
in effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA. Moreover, section 1761(a)(5) of ECRA
authorizes the issuance of temporary denial orders.
50 U.S.C. 4820(a)(5).
2 The TDO was published in the Federal Register
on April 12, 2022 (87 FR 21611).
3 Section 766.24(d) provides that BIS may seek
renewal of a temporary denial order for additional
180-day renewal periods, if it believes that renewal
is necessary in the public interest to prevent an
imminent violation. Renewal requests are to be
made in writing no later than 20 days before the
scheduled expiration date of a temporary denial
order.
4 The October 3, 2022 renewal order was
published in the Federal Register on October 7,
2022 (87 FR 60985).
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Federal Register / Vol. 88, No. 63 / Monday, April 3, 2023 / Notices
2022. The written request was made
more than 20 days before the TDO’s
scheduled expiration. A copy of the
renewal request was sent to Aeroflot in
accordance with Sections 766.5 and
766.24(d) of the Regulations. No
opposition to the renewal of the TDO
has been received.
II. Renewal of the TDO
A. Legal Standard
Pursuant to Section 766.24, BIS may
issue an order temporarily denying a
respondent’s export privileges upon a
showing that the order is necessary in
the public interest to prevent an
‘‘imminent violation’’ of the
Regulations, or any order, license or
authorization issued thereunder. 15 CFR
766.24(b)(1) and 766.24(d). ‘‘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 charge
‘‘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. The TDO and BIS’s Request for
Renewal
The U.S. Commerce Department,
through BIS, responded to the Russian
Federation’s (‘‘Russia’s’’) further
invasion of Ukraine by implementing a
sweeping series of stringent export
controls that severely restrict Russia’s
access to technologies and other items
that it needs to sustain its aggressive
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Serial No.
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41214
41214
41214
41214
41214
Aircraft type
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
5 87 FR 12226 (Mar. 3, 2022). Additionally, BIS
published a final rule effective April 8, 2022, which
imposed licensing requirements on items controlled
on the Commerce Control List (‘‘CCL’’) under
Categories 0–2 that are destined for Russia or
Belarus. Accordingly, now all CCL items require
export, reexport, and transfer (in-country) licenses
if destined for or within Russia or Belarus. 87 FR
22130 (Apr. 14, 2022).
6 87 FR 13048 (Mar. 8, 2022).
VerDate Sep<11>2014
military capabilities. These controls
primarily target Russia’s defense,
aerospace, and maritime sectors and are
intended to cut off Russia’s access to
vital technological inputs, atrophy key
sectors of its industrial base, and
undercut Russia’s strategic ambitions to
exert influence on the world stage.
Effective February 24, 2022, BIS
imposed expansive controls on aviationrelated (e.g., Commerce Control List
Categories 7 and 9) items to Russia,
including a license requirement for the
export, reexport or transfer (in-country)
to Russia of any aircraft or aircraft parts
specified in Export Control
Classification Number (‘‘ECCN’’) 9A991
(section 746.8(a)(1) of the EAR).5 BIS
will review any export or reexport
license applications for such items
under a policy of denial. See section
746.8(b). Effective March 2, 2022, BIS
excluded any aircraft registered in,
owned, or controlled by, or under
charter or lease by Russia or a national
of Russia from being eligible for license
exception Aircraft, Vessels, and
Spacecraft (‘‘AVS’’) (Section 740.15 of
the EAR).6 Accordingly, any U.S.-origin
aircraft or foreign aircraft that includes
more than 25% controlled U.S.-origin
content, and that is registered in,
owned, or controlled by, or under
charter or lease by Russia or a national
of Russia, is subject to a license
requirement before it can travel to
Russia.
This OEE request for renewal is based
upon the facts underlying the issuance
of the initial TDO and the renewal order
subsequently issued in this matter on
October 3, 2022, as well as other
evidence developed during this
investigation. These facts and evidence
demonstrate that Aeroflot continues to
act in blatant disregard for U.S. export
controls and the applicable TDO.
Specifically, the initial TDO, issued on
April 7, 2022, was based on evidence
that Aeroflot engaged in conduct
prohibited by the Regulations by
operating multiple aircraft subject to the
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(B738)
(B738)
(B738)
(B738)
(B738)
Departure/arrival cities
............................
............................
............................
............................
............................
Yerevan, AM/Moscow, RU .....................
Urgench, UZ/Moscow, RU .....................
Yerevan, AM/Moscow, RU .....................
Moscow, RU/Sochi, RU .........................
Fergana, UZ/Moscow, RU .....................
7 Publicly available flight tracking information
shows that on March 6, 2022, serial number (SN)
65309 flew from Beijing, China to Moscow, Russia,
and SN 41690 flew from Dubai, UAE to Moscow,
Russia. In addition, on March 7, 2022, SN 63511
flew from Delhi, India to Moscow, Russia.
8 Engaging in conduct prohibited by a denial
order violates the Regulations. 15 CFR 764.2(a) and
(k).
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EAR and classified under ECCN
9A991.b on flights into Russia after
March 2, 2022 from destinations
including, but not limited to, Beijing,
China, Delhi, India, and Dubai, United
Arab Emirates, without the required BIS
authorization.7 Further evidence
submitted by BIS indicated that Aeroflot
was continuing to operate aircraft
subject to the EAR domestically on
flights within Russia, potentially in
violation of section 736.2(b)(10) of the
Regulations.
As discussed in the October 3, 2022
renewal order, evidence presented by
BIS indicated that, after the initial order
issued, Aeroflot continued to operate
aircraft subject to the EAR and classified
under ECCN 9A991.b on flights both
into and within Russia, in violation of
the Regulations and the TDO itself.8
Specifically, the October 3, 2022
renewal order detailed Aeroflot’s
continued operation of aircraft subject
to the EAR, including, but not limited
to, on flights into and out of Russia
from/to Minsk, Belarus, Delhi, India,
and Istanbul, Turkey, as well as within
Russia.9
Since that time, Aeroflot has
continued to engage in conduct
prohibited by the applicable TDO and
Regulations. In its March 7, 2023
request for renewal of the TDO, BIS
submitted evidence that Aeroflot is
operating aircraft subject to the EAR and
classified under ECCN 9A991.b, both on
flights into and within Russia, in
violation of the October 3, 2022 TDO
and/or the Regulations. Specifically,
BIS’s evidence and related investigation
demonstrates that Aeroflot has
continued to operate aircraft subject to
the EAR, including, but not limited to,
on flights into and out of Russia from/
to Yerevan, Armenia, Shanghai, China,
Bangkok, Thailand, and Urgench,
Uzebekistan, as well as domestically
within Russia. Information about those
flights includes, but is not limited to,
the following:
Sfmt 4703
Dates
February 16, 2023.
March 1, 2023.
March 2, 2023.
March 2, 2023.
March 5, 2023.
9 Publicly available flight tracking information
shows that SN 41690 flew from Istanbul, Turkey to
Moscow, Russia on September 20, 2022 and from
Delhi, India to Moscow, Russia on September 23,
2022. In addition, on September 1, 2022, SN 41214
flew from Minsk, Belarus to Moscow, Russia. On
September 13, 2022, SN 41214 flew from Moscow,
Russia to Sochi, Russia.
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41690
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41690
41690
65309
65309
65309
65309
65309
65309
65309
65309
65307
65307
65307
65307
65307
65307
65307
65307
Aircraft type
Departure/arrival cities
737–8LJ (B738) ............................
737–8LJ (B738) ............................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–300 (ER) (B77W) ..................
777–300 (ER) (B77W) ..................
777–300 (ER) (B77W) ..................
777–300 (ER) (B77W) ..................
777–300 (ER) (B77W) ..................
777–300 (ER) (B77W) ..................
777–300 (ER) (B77W) ..................
777–300 (ER) (B77W) ..................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
777–3M0 (ER) (B77W) .................
Moscow, RU/Sochi, RU .........................
Yerevan, AM/Moscow, RU .....................
Bangkok, TH/Moscow, RU .....................
Moscow, RU/Vladivostok, RU ................
Male, MV/Moscow, RU ..........................
Moscow, RU/Sochi, RU .........................
Delhi, IN/Moscow, RU ............................
Shanghai, CN/Moscow, RU ...................
Male, MV/Moscow, RU ..........................
Moscow, RU/Vladivostok, RU ................
Vladivostok, RU/Moscow, RU ................
Male, MV/Moscow, RU ..........................
Shanghai, CN/Moscow, RU ...................
Moscow, RU/Vladivostok, RU ................
Vladivostok, RU/Moscow, RU ................
Bangkok, TH/Moscow, RU .....................
Bangkok, TH/Moscow, RU .....................
Sharm el-Sheikh, EG/Moscow, RU ........
Bangkok, TH/Moscow, RU .....................
Sharm el-Sheikh, EG/Moscow, RU ........
Hurghada, EG/Moscow, RU ...................
Sharm el-Sheikh, EG/Moscow, RU ........
Bangkok, TH/Moscow, RU .....................
Sharm el-Sheikh, EG/Moscow, RU ........
III. Findings
Under the applicable standard set
forth in Section 766.24 of the
Regulations and my review of the entire
record, I find that the evidence
presented by BIS convincingly
demonstrates that Aeroflot has acted in
violation of the Regulations and the
TDO; that such violations have been
significant and deliberate; and that
given the foregoing and the nature of the
matters under investigation, there is a
likelihood of imminent violations.
Therefore, renewal of the TDO is
necessary in the public interest to
prevent imminent violation of the
Regulations and to give notice to
companies and individuals in the
United States and abroad that they
should avoid dealing with Aeroflot, in
connection with export and reexport
transactions involving items subject to
the Regulations and in connection with
any other activity subject to the
Regulations.
lotter on DSK11XQN23PROD with NOTICES1
IV. Order
It is therefore ordered:
First, PJSC Aeroflot, 1 Arbat St.,
119019, Moscow, Russia, when acting
for or on their behalf, any successors or
assigns, agents, or employees 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 (except directly related to
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safety of flight), 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 except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations, or engaging in any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of 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 EAR, or from any
other activity subject to the EAR except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of Aeroflot any
item subject to the EAR except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
Aeroflot 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 Aeroflot acquires
or attempts to acquire such ownership,
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Dates
March 6, 2023.
March 21, 2023.
February 4, 2023.
February 17, 2023.
February 25, 2023.
February 26, 2023.
March 15, 2023.
March 19, 2023.
February 12, 2023.
February 19, 2023.
February 20, 2023.
February 24, 2023.
March 5, 2023.
March 8, 2023.
March 9, 2023.
March 16, 2023.
February 9, 2023.
February 10, 2023.
February 12, 2023.
February 15, 2023.
February 22, 2023.
March 1, 2023.
February 9, 2023.
March 11, 2023.
possession or control except directly
related to safety of flight and authorized
by BIS pursuant to Section 764.3(a)(2) of
the Regulations;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from Aeroflot of any item
subject to the EAR that has been
exported from the United States except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations;
D. Obtain from Aeroflot 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 except
directly related to safety of flight and
authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; 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 Aeroflot, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Aeroflot if such service involves the
use of any item subject to the EAR that
has been or will be exported from the
United States except directly related to
safety of flight and authorized by BIS
pursuant to Section 764.3(a)(2) of the
Regulations. 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 Aeroflot by
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ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order.
In accordance with the provisions of
Sections 766.24(e) of the EAR, Aeroflot
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.
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. A renewal
request may be opposed by Aeroflot as
provided in Section 766.24(d), by filing
a written submission with the Assistant
Secretary of Commerce 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 provided
to Aeroflot, 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. 2023–06835 Filed 3–31–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–059]
Certain Cold-Drawn Mechanical Tubing
of Carbon and Alloy Steel From the
People’s Republic of China: Final
Results of Expedited First Sunset
Review of Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
As a result of this sunset
review, the U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on certain cold-drawn
mechanical tubing of carbon and alloy
steel (cold-drawn mechanical tubing)
from the People’s Republic of China
(China) would be likely to lead to
continuation or recurrence of
countervailable subsidies at the levels as
indicated in the ‘‘Final Results of Sunset
Review’’ section of this notice.
DATES: Applicable April 3, 2023.
FOR FURTHER INFORMATION CONTACT:
Matthew Palmer, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1678.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On January 3, 2023, Commerce
published the notice of initiation of the
first sunset review of the Order,1
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).2 On
January 18, 2023, ArcelorMittal Tubular
Products, Michigan Seamless Tube,
LLC, PTC Alliance Corp., Webco
Industries, Inc., and Zekelman
Industries, Inc. (collectively, domestic
interested parties), timely notified
Commerce of their intent to participate
within the deadline specified in 19 CFR
351.218(d)(1)(i).3 On February 2, 2023,
Commerce received a complete
substantive response from the domestic
interested parties within the 30-day
period specified in 19 CFR
351.218(d)(3)(i).4 Commerce received no
substantive responses from respondent
interested parties. Based on the notice of
intent to participate and adequate
response filed by the domestic
interested parties, and the lack of
response from any respondent
interested party, Commerce conducted
an expedited sunset review of the Order,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2).
Scope of the Order
The scope of the Order covers colddrawn mechanical tubing of carbon and
alloy steel. For a complete description
of the scope, see the Issues and Decision
Memorandum.5
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review is provided
in the accompanying Issues and
Decision Memorandum, which is hereby
adopted by this notice. The issues
discussed in the Issues and Decision
Memorandum include the likelihood of
continuation or recurrence of
countervailable subsidies, the
magnitude of the countervailable
subsidies likely to prevail if the Order
were revoked, and the nature of the
subsidies. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of the Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Order would be
likely to lead to a continuation or
recurrence of countervailable subsidies
at the following rates:
Net countervailable
subsidy rate
(percent)
Producer/exporter
lotter on DSK11XQN23PROD with NOTICES1
Jiangsu Hongyi Steel Pipe Co., Ltd ......................................................................................................................................
Zhangjiagang Huacheng Import & Export Co., Ltd ...............................................................................................................
All-Others ...............................................................................................................................................................................
1 See Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China and India: Countervailing Duty Orders, 83
FR 4637 (February 1, 2018) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 88
FR 63 (January 3, 2023).
VerDate Sep<11>2014
17:14 Mar 31, 2023
Jkt 259001
3 See Domestic Interested Parties’ Letter,
‘‘Domestic Interested Parties’ Notice of Intent to
Participate,’’ dated January 18, 2023.
4 See Domestic Interested Parties’ Letter,
‘‘Domestic Interested Parties’ Substantive
Response,’’ dated February 2, 2023 (Substantive
Response).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
21.41
18.27
19.84
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Countervailing Duty
Order on Certain Cold-Drawn Mechanical Tubing of
Carbon and Alloy Steel from the People’s Republic
of China,’’ dated concurrently with this notice
(Issues and Decision Memorandum).
E:\FR\FM\03APN1.SGM
03APN1
]]>Agencies
[Federal Register Volume 88, Number 63 (Monday, April 3, 2023)]
[Notices]
[Pages 19609-19612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06835]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of Export Privileges; PJSC
Aeroflot, 1 Arbat St., 119019, Moscow, Russia
Pursuant to section 766.24 of the Export Administration
Regulations, 15 CFR parts 730-774 (``EAR'' or ``the Regulations''),\1\
I hereby grant the request of the Office of Export Enforcement
(``OEE'') to renew the temporary denial order (``TDO'') issued in this
matter on October 3, 2022. I find that renewal of this order is
necessary in the public interest to prevent an imminent violation of
the Regulations.
---------------------------------------------------------------------------
\1\ On August 13, 2018, the President signed into law the John
S. McCain National Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of 2018, 50 U.S.C.
4801-4852 (``ECRA''). While section 1766 of ECRA repeals the
provisions of the Export Administration Act, 50 U.S.C. App. 2401 et
seq. (``EAA''), (except for three sections which are inapplicable
here), section 1768 of ECRA provides, in pertinent part, that all
orders, rules, regulations, and other forms of administrative action
that were made or issued under the EAA, including as continued in
effect pursuant to the International Emergency Economic Powers Act,
50 U.S.C. 1701 et seq. (``IEEPA''), and were in effect as of ECRA's
date of enactment (August 13, 2018), shall continue in effect
according to their terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the authority provided
under ECRA. Moreover, section 1761(a)(5) of ECRA authorizes the
issuance of temporary denial orders. 50 U.S.C. 4820(a)(5).
---------------------------------------------------------------------------
I. Procedural History
On April 7, 2022, I signed an order denying PJSC Aeroflot's
(``Aeroflot'') export privileges for a period of 180 days on the ground
that issuance of the order was necessary in the public interest to
prevent an imminent violation of the Regulations. The order was issued
ex parte pursuant to section 766.24(a) of the Regulations and was
effective upon issuance.\2\ This temporary denial order was
subsequently renewed in accordance with section 766.24(d) of the
Regulations.\3\ The renewal order issued on October 3, 2022 and was
effective upon issuance.\4\
---------------------------------------------------------------------------
\2\ The TDO was published in the Federal Register on April 12,
2022 (87 FR 21611).
\3\ Section 766.24(d) provides that BIS may seek renewal of a
temporary denial order for additional 180-day renewal periods, if it
believes that renewal is necessary in the public interest to prevent
an imminent violation. Renewal requests are to be made in writing no
later than 20 days before the scheduled expiration date of a
temporary denial order.
\4\ The October 3, 2022 renewal order was published in the
Federal Register on October 7, 2022 (87 FR 60985).
---------------------------------------------------------------------------
On March 7, 2023, BIS, through OEE, submitted a written request for
renewal of the TDO that issued on October 3,
[[Page 19610]]
2022. The written request was made more than 20 days before the TDO's
scheduled expiration. A copy of the renewal request was sent to
Aeroflot in accordance with Sections 766.5 and 766.24(d) of the
Regulations. No opposition to the renewal of the TDO has been received.
II. Renewal of the TDO
A. Legal Standard
Pursuant to Section 766.24, BIS may issue an order temporarily
denying a respondent's export privileges upon a showing that the order
is necessary in the public interest to prevent an ``imminent
violation'' of the Regulations, or any order, license or authorization
issued thereunder. 15 CFR 766.24(b)(1) and 766.24(d). ``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 charge ``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. The TDO and BIS's Request for Renewal
The U.S. Commerce Department, through BIS, responded to the Russian
Federation's (``Russia's'') further invasion of Ukraine by implementing
a sweeping series of stringent export controls that severely restrict
Russia's access to technologies and other items that it needs to
sustain its aggressive military capabilities. These controls primarily
target Russia's defense, aerospace, and maritime sectors and are
intended to cut off Russia's access to vital technological inputs,
atrophy key sectors of its industrial base, and undercut Russia's
strategic ambitions to exert influence on the world stage. Effective
February 24, 2022, BIS imposed expansive controls on aviation-related
(e.g., Commerce Control List Categories 7 and 9) items to Russia,
including a license requirement for the export, reexport or transfer
(in-country) to Russia of any aircraft or aircraft parts specified in
Export Control Classification Number (``ECCN'') 9A991 (section
746.8(a)(1) of the EAR).\5\ BIS will review any export or reexport
license applications for such items under a policy of denial. See
section 746.8(b). Effective March 2, 2022, BIS excluded any aircraft
registered in, owned, or controlled by, or under charter or lease by
Russia or a national of Russia from being eligible for license
exception Aircraft, Vessels, and Spacecraft (``AVS'') (Section 740.15
of the EAR).\6\ Accordingly, any U.S.-origin aircraft or foreign
aircraft that includes more than 25% controlled U.S.-origin content,
and that is registered in, owned, or controlled by, or under charter or
lease by Russia or a national of Russia, is subject to a license
requirement before it can travel to Russia.
---------------------------------------------------------------------------
\5\ 87 FR 12226 (Mar. 3, 2022). Additionally, BIS published a
final rule effective April 8, 2022, which imposed licensing
requirements on items controlled on the Commerce Control List
(``CCL'') under Categories 0-2 that are destined for Russia or
Belarus. Accordingly, now all CCL items require export, reexport,
and transfer (in-country) licenses if destined for or within Russia
or Belarus. 87 FR 22130 (Apr. 14, 2022).
\6\ 87 FR 13048 (Mar. 8, 2022).
---------------------------------------------------------------------------
This OEE request for renewal is based upon the facts underlying the
issuance of the initial TDO and the renewal order subsequently issued
in this matter on October 3, 2022, as well as other evidence developed
during this investigation. These facts and evidence demonstrate that
Aeroflot continues to act in blatant disregard for U.S. export controls
and the applicable TDO. Specifically, the initial TDO, issued on April
7, 2022, was based on evidence that Aeroflot engaged in conduct
prohibited by the Regulations by operating multiple aircraft subject to
the EAR and classified under ECCN 9A991.b on flights into Russia after
March 2, 2022 from destinations including, but not limited to, Beijing,
China, Delhi, India, and Dubai, United Arab Emirates, without the
required BIS authorization.\7\ Further evidence submitted by BIS
indicated that Aeroflot was continuing to operate aircraft subject to
the EAR domestically on flights within Russia, potentially in violation
of section 736.2(b)(10) of the Regulations.
---------------------------------------------------------------------------
\7\ Publicly available flight tracking information shows that on
March 6, 2022, serial number (SN) 65309 flew from Beijing, China to
Moscow, Russia, and SN 41690 flew from Dubai, UAE to Moscow, Russia.
In addition, on March 7, 2022, SN 63511 flew from Delhi, India to
Moscow, Russia.
---------------------------------------------------------------------------
As discussed in the October 3, 2022 renewal order, evidence
presented by BIS indicated that, after the initial order issued,
Aeroflot continued to operate aircraft subject to the EAR and
classified under ECCN 9A991.b on flights both into and within Russia,
in violation of the Regulations and the TDO itself.\8\ Specifically,
the October 3, 2022 renewal order detailed Aeroflot's continued
operation of aircraft subject to the EAR, including, but not limited
to, on flights into and out of Russia from/to Minsk, Belarus, Delhi,
India, and Istanbul, Turkey, as well as within Russia.\9\
---------------------------------------------------------------------------
\8\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\9\ Publicly available flight tracking information shows that SN
41690 flew from Istanbul, Turkey to Moscow, Russia on September 20,
2022 and from Delhi, India to Moscow, Russia on September 23, 2022.
In addition, on September 1, 2022, SN 41214 flew from Minsk, Belarus
to Moscow, Russia. On September 13, 2022, SN 41214 flew from Moscow,
Russia to Sochi, Russia.
---------------------------------------------------------------------------
Since that time, Aeroflot has continued to engage in conduct
prohibited by the applicable TDO and Regulations. In its March 7, 2023
request for renewal of the TDO, BIS submitted evidence that Aeroflot is
operating aircraft subject to the EAR and classified under ECCN
9A991.b, both on flights into and within Russia, in violation of the
October 3, 2022 TDO and/or the Regulations. Specifically, BIS's
evidence and related investigation demonstrates that Aeroflot has
continued to operate aircraft subject to the EAR, including, but not
limited to, on flights into and out of Russia from/to Yerevan, Armenia,
Shanghai, China, Bangkok, Thailand, and Urgench, Uzebekistan, as well
as domestically within Russia. Information about those flights
includes, but is not limited to, the following:
----------------------------------------------------------------------------------------------------------------
Departure/arrival
Tail No. Serial No. Aircraft type cities Dates
----------------------------------------------------------------------------------------------------------------
RA-73126......................... 41214 737-8LJ (B738)..... Yerevan, AM/Moscow, February 16, 2023.
RU.
RA-73126......................... 41214 737-8LJ (B738)..... Urgench, UZ/Moscow, March 1, 2023.
RU.
RA-73126......................... 41214 737-8LJ (B738)..... Yerevan, AM/Moscow, March 2, 2023.
RU.
RA-73126......................... 41214 737-8LJ (B738)..... Moscow, RU/Sochi, March 2, 2023.
RU.
RA-73126......................... 41214 737-8LJ (B738)..... Fergana, UZ/Moscow, March 5, 2023.
RU.
[[Page 19611]]
RA-73126......................... 41214 737-8LJ (B738)..... Moscow, RU/Sochi, March 6, 2023.
RU.
RA-73126......................... 41214 737-8LJ (B738)..... Yerevan, AM/Moscow, March 21, 2023.
RU.
RA-73144......................... 41690 777-3M0 (ER) (B77W) Bangkok, TH/Moscow, February 4, 2023.
RU.
RA-73144......................... 41690 777-3M0 (ER) (B77W) Moscow, RU/ February 17, 2023.
Vladivostok, RU.
RA-73144......................... 41690 777-3M0 (ER) (B77W) Male, MV/Moscow, RU February 25, 2023.
RA-73144......................... 41690 777-3M0 (ER) (B77W) Moscow, RU/Sochi, February 26, 2023.
RU.
RA-73144......................... 41690 777-3M0 (ER) (B77W) Delhi, IN/Moscow, March 15, 2023.
RU.
RA-73144......................... 41690 777-3M0 (ER) (B77W) Shanghai, CN/ March 19, 2023.
Moscow, RU.
RA-73146......................... 65309 777-300 (ER) (B77W) Male, MV/Moscow, RU February 12, 2023.
RA-73146......................... 65309 777-300 (ER) (B77W) Moscow, RU/ February 19, 2023.
Vladivostok, RU.
RA-73146......................... 65309 777-300 (ER) (B77W) Vladivostok, RU/ February 20, 2023.
Moscow, RU.
RA-73146......................... 65309 777-300 (ER) (B77W) Male, MV/Moscow, RU February 24, 2023.
RA-73146......................... 65309 777-300 (ER) (B77W) Shanghai, CN/ March 5, 2023.
Moscow, RU.
RA-73146......................... 65309 777-300 (ER) (B77W) Moscow, RU/ March 8, 2023.
Vladivostok, RU.
RA-73146......................... 65309 777-300 (ER) (B77W) Vladivostok, RU/ March 9, 2023.
Moscow, RU.
RA-73146......................... 65309 777-300 (ER) (B77W) Bangkok, TH/Moscow, March 16, 2023.
RU.
RA-73150......................... 65307 777-3M0 (ER) (B77W) Bangkok, TH/Moscow, February 9, 2023.
RU.
RA-73150......................... 65307 777-3M0 (ER) (B77W) Sharm el-Sheikh, EG/ February 10, 2023.
Moscow, RU.
RA-73150......................... 65307 777-3M0 (ER) (B77W) Bangkok, TH/Moscow, February 12, 2023.
RU.
RA-73150......................... 65307 777-3M0 (ER) (B77W) Sharm el-Sheikh, EG/ February 15, 2023.
Moscow, RU.
RA-73150......................... 65307 777-3M0 (ER) (B77W) Hurghada, EG/ February 22, 2023.
Moscow, RU.
RA-73150......................... 65307 777-3M0 (ER) (B77W) Sharm el-Sheikh, EG/ March 1, 2023.
Moscow, RU.
RA-73150......................... 65307 777-3M0 (ER) (B77W) Bangkok, TH/Moscow, February 9, 2023.
RU.
RA-73150......................... 65307 777-3M0 (ER) (B77W) Sharm el-Sheikh, EG/ March 11, 2023.
Moscow, RU.
----------------------------------------------------------------------------------------------------------------
III. Findings
Under the applicable standard set forth in Section 766.24 of the
Regulations and my review of the entire record, I find that the
evidence presented by BIS convincingly demonstrates that Aeroflot has
acted in violation of the Regulations and the TDO; that such violations
have been significant and deliberate; and that given the foregoing and
the nature of the matters under investigation, there is a likelihood of
imminent violations. Therefore, renewal of the TDO is necessary in the
public interest to prevent imminent violation of the Regulations and to
give notice to companies and individuals in the United States and
abroad that they should avoid dealing with Aeroflot, in connection with
export and reexport transactions involving items subject to the
Regulations and in connection with any other activity subject to the
Regulations.
IV. Order
It is therefore ordered:
First, PJSC Aeroflot, 1 Arbat St., 119019, Moscow, Russia, when
acting for or on their behalf, any successors or assigns, agents, or
employees 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 (except directly
related to safety of flight), 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 except directly related to
safety of flight and authorized by BIS pursuant to Section 764.3(a)(2)
of the Regulations, or engaging in any other activity subject to the
EAR except directly related to safety of flight and authorized by BIS
pursuant to Section 764.3(a)(2) of 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 EAR, or from any other activity subject to the EAR except directly
related to safety of flight and authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export, reexport, or transfer (in-country) to or on behalf of
Aeroflot any item subject to the EAR except directly related to safety
of flight and authorized by BIS pursuant to Section 764.3(a)(2) of the
Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by Aeroflot 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 Aeroflot acquires or attempts to acquire such
ownership, possession or control except directly related to safety of
flight and authorized by BIS pursuant to Section 764.3(a)(2) of the
Regulations;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from Aeroflot of any item subject to the EAR
that has been exported from the United States except directly related
to safety of flight and authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations;
D. Obtain from Aeroflot 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 except directly related
to safety of flight and authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations; 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 Aeroflot, or service any item, of
whatever origin, that is owned, possessed or controlled by Aeroflot if
such service involves the use of any item subject to the EAR that has
been or will be exported from the United States except directly related
to safety of flight and authorized by BIS pursuant to Section
764.3(a)(2) of the Regulations. 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 Aeroflot by
[[Page 19612]]
ownership, control, position of responsibility, affiliation, or other
connection in the conduct of trade or business may also be made subject
to the provisions of this Order.
In accordance with the provisions of Sections 766.24(e) of the EAR,
Aeroflot 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.
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. A renewal request may be
opposed by Aeroflot as provided in Section 766.24(d), by filing a
written submission with the Assistant Secretary of Commerce 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 provided to Aeroflot, 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. 2023-06835 Filed 3-31-23; 8:45 am]
BILLING CODE 3510-DT-P
