Pobeda Airlines, 108811, Russian Federation, Moscow, p. Moskovskiy, Kievskoe shosse 22nd km, 4/1. Moscow, Russia; Order Renewing Temporary Denial of Export Privileges, 86628-86631 [2023-27474]
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86628
Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
appropriate because Siberian has
engaged in a pattern of repeated,
ongoing and/or continuous apparent
violations of the EAR. Therefore,
renewal of the TDO for one year 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 Siberian, 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, Siberian Airlines d/b/a S7
Airlines, 633104, Novosibirskaya obl., g.
Ob, prospekt Mozzherina, d. 10 ofis 201,
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 (incountry) to or on behalf of Siberian 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;
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17:39 Dec 13, 2023
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B. Take any action that facilitates the
acquisition or attempted acquisition by
Siberian 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 Siberian 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 Siberian 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 Siberian 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 Siberian, or
service any item, of whatever origin,
that is owned, possessed or controlled
by Siberian 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 Siberian by
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, Siberian
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
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Sfmt 4703
before the expiration date. A renewal
request may be opposed by Siberian 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 Siberian and shall be published in the
Federal Register.
This Order is effective immediately
and shall remain in effect for one year.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–27476 Filed 12–13–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Pobeda Airlines, 108811, Russian
Federation, Moscow, p. Moskovskiy,
Kievskoe shosse 22nd km, 4/1.
Moscow, Russia; Order Renewing
Temporary Denial of Export Privileges
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 June 15, 2023. I find
that renewal of this order is necessary
in the public interest to prevent an
imminent violation of the Regulations
and that renewal for an extended period
is appropriate because Pobeda Airlines
(‘‘Pobeda’’) has engaged in a pattern of
repeated, ongoing and/or continuous
apparent violations of the EAR.
I. Procedural History
On June 24, 2022, I signed an order
denying Pobeda’s export privileges for a
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).
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
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 The
TDO was subsequently renewed on
December 20, 2022 3 and again on June
15, 2023,4 in accordance with Section
766.24(d) of the Regulations.5
On November 21, 2023, BIS, through
OEE, submitted a written request for a
third renewal of the TDO. The written
request was made more than 20 days
before the TDO’s scheduled expiration
and, given the temporary suspension of
international mail service to Russia,
OEE has attempted to serve a copy of
the renewal request on Pobeda 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
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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.
2 The TDO was published in the Federal Register
on June 29, 2022 (87 FR 38707).
3 The December 20, 2022, renewal order was
published in the Federal Register on December 23,
2022 (87 FR 78925).
4 The June 15, 2023, renewal order was published
in the Federal Register on June 21, 2023 (88 FR
40200).
5 At the time of the renewal, Section 766.24(d)
provided 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.
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If BIS believes that renewal of a denial
order is necessary in the public interest
to prevent an imminent violation, it may
file a written request for renewal, with
any modifications if appropriate. 15
CFR 766.24(d)(1). The written request,
which must be filed no later than 20
days prior to the TDO’s expiration,
should set forth the basis for BIS’s belief
that renewal is necessary, including any
additional or changed circumstances. Id.
‘‘In cases demonstrating a pattern of
repeated, ongoing and/or continuous
apparent violations, BIS may request the
renewal of a temporary denial order for
an additional period not exceeding one
year.’’ 6 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 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).7 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).8 Accordingly, any U.S.-origin
aircraft or foreign aircraft that includes
more than 25% controlled U.S.-origin
6 88
FR 59791 (Aug. 30, 2023).
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).
8 87 FR 13048 (Mar. 8, 2022).
7 87
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86629
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.
OEE’s request for renewal for a period
of one year is based upon the facts
underlying the issuance of the initial
TDO, the renewal orders subsequently
issued in this matter, and evidence that
continues to develop during this
investigation. These facts and evidence
demonstrate that Pobeda has continued,
and continues, to act in blatant
disregard for U.S. export controls and
the terms of previously issued TDOs.
Specifically, the initial TDO, issued on
June 24, 2022, was based on evidence
that Pobeda 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, Antalya,
Turkey, Gazipasa, Turkey, and Istanbul,
Turkey, without the required BIS
authorization.9 Further evidence
submitted by BIS indicated that Pobeda
also continued 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 prior renewal
orders, BIS presented evidence
indicating that, after the initial June 24,
2022 TDO issued, Pobeda 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.10 The December 20, 2022
order detailed flights into and out of
Russia from/to Minsk, Belarus.11 The
June 15, 2023 renewal order
documented a similar pattern of
prohibited conduct.12
9 Publicly available flight tracking information
shows, for example, that on March 6, 2022, serial
number (‘‘SN’’) 64862 flew from Antalya, Turkey to
Moscow, Russia. On March 7, 2022, SN 64863 flew
from Gazipasa, Turkey to Moscow, Russia, and, on
March 6, 2022, SN 64864 flew from Istanbul,
Turkey to Mineralnye Vody, Russia.
10 Engaging in conduct prohibited by a denial
order violates the Regulations. 15 CFR 764.2(a) and
(k).
11 Publicly available flight tracking information
shows, for example, the following flights: (1) on
November 26, 2022, SN 61793 flew from Minsk,
Belarus to Moscow, Russia; (2) on December 3,
2023, SN 41238 flew from Minsk, Belarus to
Moscow, Russia; and (3) on November 24, 2022, SN
64866 flew from Minsk, Belarus to Moscow, Russia.
12 Publicly available flight tracking information
shows that SN 41227 flew from Istanbul, Turkey to
Moscow, Russia on May 24, 2023. Additionally, SN
41238 flew from Dubai, United Arab Emirates to
Moscow, Russia on May 31, 2023. Further, SN
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Since that time, Pobeda continued to
engage in conduct prohibited by the
TDO and Regulations. In its November
21, 2023, request for renewal of the
TDO, BIS submitted evidence that
Pobeda continues to operate aircraft
subject to the EAR and classified under
ECCN 9A991.b, both on flights into and
Tail No.
RA–73242
RA–73242
RA–73242
RA–73242
RA–73242
RA–73248
RA–73248
RA–73248
RA–73248
RA–73248
RA–73250
RA–73250
RA–73250
RA–73250
RA–73250
Serial No.
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41227
41227
41227
41227
41227
41238
41238
41238
41238
41238
41242
41242
41242
41242
41242
Aircraft type
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
737–8LJ
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 demonstrates that
Pobeda has acted in violation of the
Regulations and the TDO; that such
violations have been significant,
deliberate and covert; and that given the
foregoing and the nature of the matters
under investigation, there is a likelihood
of imminent violations. Moreover, I find
that renewal for an extended period is
appropriate because Pobeda has engaged
in a pattern of repeated, ongoing and/or
continuous apparent violations of the
EAR. Therefore, renewal of the TDO for
one year 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 Pobeda, in
connection with export and reexport
transactions involving items subject to
the Regulations and in connection with
any other activity subject to the
Regulations.
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within Russia, in violation of the June
15, 2023, renewal order and/or the
Regulations. Specifically, BIS’s evidence
and related investigation demonstrates
that Pobeda continued to operate
aircraft subject to the EAR, including,
but not limited to, on flights into and
out of Russia, including from/to Dubai,
IV. Order
It is therefore ordered:
First, Pobeda Airlines, 108811,
Russian Federation, Moscow, p.
Moskovskiy, Kievskoe shosse, 22nd km,
4/1. Moscow, Russia, when acting for or
on their behalf, any successors or
assigns, agents, or employees may not,
directly or indirectly, participate in any
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United Arab Emirates, and Gazipasa and
Istanbul, Turkey, Gyumri, Armenia, and
Minsk, Belarus, as well as domestically
within Russia. Information about those
flights includes, but is not limited to,
the following:
Departure/arrival cities
Dates
Moscow, RU/Minsk, BY .............................................
Dubai, AE/Beslan, RU ...............................................
Abu Dhabi, UAE/Moscow, RU ..................................
Istanbul, TR/Moscow, RU .........................................
Gyumri, AM/Moscow, RU ..........................................
Abu Dhabi, AE/Moscow, RU .....................................
Yekaterinburg, RU/Moscow, RU ...............................
Istanbul, TR/Moscow, RU .........................................
Samarkand, UZ/Moscow, RU ....................................
Dubai, AE/Moscow, RU .............................................
Istanbul, TR/Makhachkala, RU .................................
Dubai, AE/Makhachkala, RU .....................................
Chelyabinsk, RU/Moscow, RU ..................................
Gazipasa, TR/Moscow, RU .......................................
Samarkand, UZ/Moscow, RU ....................................
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 (incountry) to or on behalf of Pobeda any
17:39 Dec 13, 2023
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29, 2023.
28, 2023.
26, 2023.
15, 2023.
6, 2023.
4, 2023.
4, 2023.
27, 2023.
7, 2023.
2, 2023.
4, 2023.
3, 2023.
2, 2023.
10, 2023.
8, 2023.
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
Pobeda 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 Pobeda 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 Pobeda 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 Pobeda 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 Pobeda, or
service any item, of whatever origin,
41242 flew from Antalya, Turkey to Perm, Russia
on June 10, 2023.
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
that is owned, possessed or controlled
by Pobeda 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 Pobeda by
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, Pobeda
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 Pobeda 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 Pobeda and shall be published in the
Federal Register.
This Order is effective immediately
and shall remain in effect for one year.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–27474 Filed 12–13–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
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[A–580–887]
Carbon and Alloy Steel Cut-to-Length
Plate From the Republic of Korea:
Final Results of Antidumping Duty
Administrative Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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18:06 Dec 13, 2023
Jkt 262001
The U.S. Department of
Commerce (Commerce) determines that
POSCO and its affiliated companies
(collectively, the POSCO single entity),
the sole exporter subject to this review,
did not make sales of subject
merchandise in the United States at less
than normal value during the period of
review (POR), May 1, 2021, through
April 30, 2022.
DATES: Applicable December 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640 or (202) 482–4868,
respectively.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On June 21, 2023, Commerce
published the preliminary results of the
administrative review of the
antidumping duty order on carbon and
alloy steel cut-to-length plate from the
Republic of Korea.1 We invited
interested parties to comment on the
Preliminary Results. For a complete
description of the events that occurred
subsequent to the Preliminary Results,
see the Issues and Decision
Memorandum.2
Scope of the Order 3
The merchandise subject to the Order
is carbon and alloy steel cut-to-length
plate. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings 7208.40.3030,
7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060,
7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045,
7225.40.1110, 7225.40.1180,
7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
1 See Carbon and Alloy Steel Cut-to-Length Plate
from the Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2021–
2022, 88 FR 40207 (June 21, 2023) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results in the 2021–
2022 Antidumping Duty Administrative Review of
Carbon and Alloy Steel Cut-to-Length Plate from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
3 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096 (May 25, 2017) (Order).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
86631
The products subject to the Order may
also enter under the following HTSUS
subheadings: 7208.40.6060,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000,
7211.19.4500, 7211.19.6000,
7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.10.000,
7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060,
7214.91.0090, 7225.11.0000,
7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160,
7225.40.7000, 7225.99.0010,
7225.99.0090, 7206.11.1000,
7226.11.9060, 7229.19.1000,
7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560,
7226.91.7000, 7226.91.8000, and
7226.99.0180.
The HTSUS subheadings are provided
for convenience and customs purposes
only; the written product description of
the scope of the Order is dispositive. For
a complete description of the scope of
the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in the parties’ case
and rebuttal briefs are addressed in the
Issues and Decision Memorandum and
are listed in the appendix to this notice.
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
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on the comments received from
the POSCO single entity and record
information, we made certain changes to
our preliminary calculation of the
weighted-average dumping margin for
the POSCO single entity. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Results of Review
As a result of this review, we
determine the following estimated
weighted-average dumping margin
exists for the period May 1, 2021,
through April 30, 2022:
E:\FR\FM\14DEN1.SGM
14DEN1
]]>Agencies
[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86628-86631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27474]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Pobeda Airlines, 108811, Russian Federation, Moscow, p.
Moskovskiy, Kievskoe shosse 22nd km, 4/1. Moscow, Russia; Order
Renewing Temporary Denial of Export Privileges
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 June 15, 2023. I find that renewal of this order is necessary
in the public interest to prevent an imminent violation of the
Regulations and that renewal for an extended period is appropriate
because Pobeda Airlines (``Pobeda'') has engaged in a pattern of
repeated, ongoing and/or continuous apparent violations of the EAR.
---------------------------------------------------------------------------
\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 June 24, 2022, I signed an order denying Pobeda's export
privileges for a
[[Page 86629]]
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\ The
TDO was subsequently renewed on December 20, 2022 \3\ and again on June
15, 2023,\4\ in accordance with Section 766.24(d) of the
Regulations.\5\
---------------------------------------------------------------------------
\2\ The TDO was published in the Federal Register on June 29,
2022 (87 FR 38707).
\3\ The December 20, 2022, renewal order was published in the
Federal Register on December 23, 2022 (87 FR 78925).
\4\ The June 15, 2023, renewal order was published in the
Federal Register on June 21, 2023 (88 FR 40200).
\5\ At the time of the renewal, Section 766.24(d) provided 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.
---------------------------------------------------------------------------
On November 21, 2023, BIS, through OEE, submitted a written request
for a third renewal of the TDO. The written request was made more than
20 days before the TDO's scheduled expiration and, given the temporary
suspension of international mail service to Russia, OEE has attempted
to serve a copy of the renewal request on Pobeda 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.
If BIS believes that renewal of a denial order is necessary in the
public interest to prevent an imminent violation, it may file a written
request for renewal, with any modifications if appropriate. 15 CFR
766.24(d)(1). The written request, which must be filed no later than 20
days prior to the TDO's expiration, should set forth the basis for
BIS's belief that renewal is necessary, including any additional or
changed circumstances. Id. ``In cases demonstrating a pattern of
repeated, ongoing and/or continuous apparent violations, BIS may
request the renewal of a temporary denial order for an additional
period not exceeding one year.'' \6\ Id.
---------------------------------------------------------------------------
\6\ 88 FR 59791 (Aug. 30, 2023).
---------------------------------------------------------------------------
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).\7\ 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).\8\ 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.
---------------------------------------------------------------------------
\7\ 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).
\8\ 87 FR 13048 (Mar. 8, 2022).
---------------------------------------------------------------------------
OEE's request for renewal for a period of one year is based upon
the facts underlying the issuance of the initial TDO, the renewal
orders subsequently issued in this matter, and evidence that continues
to develop during this investigation. These facts and evidence
demonstrate that Pobeda has continued, and continues, to act in blatant
disregard for U.S. export controls and the terms of previously issued
TDOs. Specifically, the initial TDO, issued on June 24, 2022, was based
on evidence that Pobeda 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, Antalya, Turkey,
Gazipasa, Turkey, and Istanbul, Turkey, without the required BIS
authorization.\9\ Further evidence submitted by BIS indicated that
Pobeda also continued to operate aircraft subject to the EAR
domestically on flights within Russia, potentially in violation of
Section 736.2(b)(10) of the Regulations.
---------------------------------------------------------------------------
\9\ Publicly available flight tracking information shows, for
example, that on March 6, 2022, serial number (``SN'') 64862 flew
from Antalya, Turkey to Moscow, Russia. On March 7, 2022, SN 64863
flew from Gazipasa, Turkey to Moscow, Russia, and, on March 6, 2022,
SN 64864 flew from Istanbul, Turkey to Mineralnye Vody, Russia.
---------------------------------------------------------------------------
As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial June 24, 2022 TDO issued, Pobeda
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.\10\ The December 20, 2022 order
detailed flights into and out of Russia from/to Minsk, Belarus.\11\ The
June 15, 2023 renewal order documented a similar pattern of prohibited
conduct.\12\
---------------------------------------------------------------------------
\10\ Engaging in conduct prohibited by a denial order violates
the Regulations. 15 CFR 764.2(a) and (k).
\11\ Publicly available flight tracking information shows, for
example, the following flights: (1) on November 26, 2022, SN 61793
flew from Minsk, Belarus to Moscow, Russia; (2) on December 3, 2023,
SN 41238 flew from Minsk, Belarus to Moscow, Russia; and (3) on
November 24, 2022, SN 64866 flew from Minsk, Belarus to Moscow,
Russia.
\12\ Publicly available flight tracking information shows that
SN 41227 flew from Istanbul, Turkey to Moscow, Russia on May 24,
2023. Additionally, SN 41238 flew from Dubai, United Arab Emirates
to Moscow, Russia on May 31, 2023. Further, SN 41242 flew from
Antalya, Turkey to Perm, Russia on June 10, 2023.
---------------------------------------------------------------------------
[[Page 86630]]
Since that time, Pobeda continued to engage in conduct prohibited
by the TDO and Regulations. In its November 21, 2023, request for
renewal of the TDO, BIS submitted evidence that Pobeda continues to
operate aircraft subject to the EAR and classified under ECCN 9A991.b,
both on flights into and within Russia, in violation of the June 15,
2023, renewal order and/or the Regulations. Specifically, BIS's
evidence and related investigation demonstrates that Pobeda continued
to operate aircraft subject to the EAR, including, but not limited to,
on flights into and out of Russia, including from/to Dubai, United Arab
Emirates, and Gazipasa and Istanbul, Turkey, Gyumri, Armenia, and
Minsk, Belarus, 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-73242..................... 41227 737-8LJ...................... Moscow, RU/Minsk, November 29,
BY. 2023.
RA-73242..................... 41227 737-8LJ...................... Dubai, AE/Beslan, November 28,
RU. 2023.
RA-73242..................... 41227 737-8LJ...................... Abu Dhabi, UAE/ November 26,
Moscow, RU. 2023.
RA-73242..................... 41227 737-8LJ...................... Istanbul, TR/ November 15,
Moscow, RU. 2023.
RA-73242..................... 41227 737-8LJ...................... Gyumri, AM/Moscow, November 6, 2023.
RU.
RA-73248..................... 41238 737-8LJ...................... Abu Dhabi, AE/ December 4, 2023.
Moscow, RU.
RA-73248..................... 41238 737-8LJ...................... Yekaterinburg, RU/ December 4, 2023.
Moscow, RU.
RA-73248..................... 41238 737-8LJ...................... Istanbul, TR/ November 27,
Moscow, RU. 2023.
RA-73248..................... 41238 737-8LJ...................... Samarkand, UZ/ November 7, 2023.
Moscow, RU.
RA-73248..................... 41238 737-8LJ...................... Dubai, AE/Moscow, November 2, 2023.
RU.
RA-73250..................... 41242 737-8LJ...................... Istanbul, TR/ December 4, 2023.
Makhachkala, RU.
RA-73250..................... 41242 737-8LJ...................... Dubai, AE/ December 3, 2023.
Makhachkala, RU.
RA-73250..................... 41242 737-8LJ...................... Chelyabinsk, RU/ December 2, 2023.
Moscow, RU.
RA-73250..................... 41242 737-8LJ...................... Gazipasa, TR/ November 10,
Moscow, RU. 2023.
RA-73250..................... 41242 737-8LJ...................... Samarkand, UZ/ November 8, 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 demonstrates that Pobeda has acted in
violation of the Regulations and the TDO; that such violations have
been significant, deliberate and covert; and that given the foregoing
and the nature of the matters under investigation, there is a
likelihood of imminent violations. Moreover, I find that renewal for an
extended period is appropriate because Pobeda has engaged in a pattern
of repeated, ongoing and/or continuous apparent violations of the EAR.
Therefore, renewal of the TDO for one year 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 Pobeda, 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, Pobeda Airlines, 108811, Russian Federation, Moscow, p.
Moskovskiy, Kievskoe shosse, 22nd km, 4/1. 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
Pobeda 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 Pobeda 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 Pobeda 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 Pobeda 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 Pobeda 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 Pobeda, or service any item, of
whatever origin,
[[Page 86631]]
that is owned, possessed or controlled by Pobeda 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 Pobeda by 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,
Pobeda 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 Pobeda 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 Pobeda and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
one year.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2023-27474 Filed 12-13-23; 8:45 am]
BILLING CODE 3510-DT-P
