Foreign-Trade Zone (FTZ) 32; Authorization of Production Activity; J.J.C. International Distributors LLC dba Clar Company; (Galvanized Steel Products); Miami, Florida, 78845-78846 [2024-21970]
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Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices
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[FR Doc. 2024–21731 Filed 9–25–24; 8:45 am]
DEPARTMENT OF COMMERCE
[FR Doc. 2024–22102 Filed 9–25–24; 8:45 am]
BILLING CODE 3510–DS–P
Foreign-Trade Zones Board
[B–50–2024]
DEPARTMENT OF COMMERCE
Foreign-Trade Zone (FTZ) 49,
Notification of Proposed Production
Activity; Merck, Sharp & Dohme LLC;
(Pharmaceutical Products for
Research and Development); Rahway,
New Jersey
Merck, Sharp & Dohme LLC
submitted a notification of proposed
production activity to the FTZ Board
(the Board) for its facility in Rahway,
New Jersey, within Subzone 49Y. The
notification conforming to the
requirements of the Board’s regulations
(15 CFR 400.22) was received on
September 18, 2024.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status material(s)/
component(s) and specific finished
product(s) described in the submitted
notification (summarized below) and
Frm 00005
subsequently authorized by the Board.
The benefits that may stem from
conducting production activity under
FTZ procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz. The proposed finished product and
material/component would be added to
the production authority that the Board
previously approved for the operation,
as reflected on the Board’s website.
The proposed finished product for
research and development is MK–6878
HIV drug product (duty-free).
The proposed foreign-status material/
component is MK–6878 HIV active
pharmaceutical ingredient (duty rate,
6.5%). The request indicates that this
material/component is subject to duties
under section 301 of the Trade Act of
1974 (section 301), depending on the
country of origin. The applicable section
301 decisions require subject
merchandise to be admitted to FTZs in
privileged foreign status (19 CFR
146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
November 5, 2024.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact Diane
Finver at Diane.Finver@trade.gov.
Dated: September 23, 2024.
Elizabeth Whiteman,
Executive Secretary.
BILLING CODE 3510–17–P
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Foreign-Trade Zones Board
[B–29–2024]
Foreign-Trade Zone (FTZ) 32;
Authorization of Production Activity;
J.J.C. International Distributors LLC
dba Clar Company; (Galvanized Steel
Products); Miami, Florida
On May 23, 2024, J.J.C. International
Distributors LLC dba Clar Company
submitted a notification of proposed
production activity to the FTZ Board for
its facility within FTZ 32, in Miami,
Florida.
The notification was processed in
accordance with the regulations of the
FTZ Board (15 CFR part 400), including
notice in the Federal Register inviting
public comment (89 FR 47129, May 31,
2024). On September 20, 2024, the
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78846
Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices
applicant was notified of the FTZ
Board’s decision that no further review
of the activity is warranted at this time.
The production activity described in the
notification was authorized, subject to
the FTZ Act and the FTZ Board’s
regulations, including section 400.14.
Dated: September 20, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024–21970 Filed 9–25–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of
Export Privileges; UTair Aviation JSC,
Khanty-Mansiysk Airport Tyumen
Region, Russia 628012
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 September 23, 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
UTair Aviation JSC (‘‘UTair’’) has
engaged in a pattern of repeated,
ongoing and/or continuous apparent
violations of the EAR.
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I. Procedural History
On April 7, 2022, I signed an order
denying UTair’s 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
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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and was effective upon issuance.2 The
temporary denial order was
subsequently renewed on October 3,
2022,3 March 29, 2023,4 and September
23, 2023 5 in accordance with section
766.24(d) of the Regulations.6
On August 27, 2024, BIS, through
OEE, submitted a written request for
renewal of the TDO that issued on
September 23, 2023. 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 deliver a copy of
the renewal request to UTair by
alternative means 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
2 The TDO was published in the Federal Register
on April 12, 2022 (87 FR 21616).
3 The October 3, 2022 renewal order, which was
effective upon issuance, was published in the
Federal Register on October 7, 2022 (87 FR 60987).
4 The March 29, 2023 renewal order, which was
effective upon issuance, was published in the
Federal Register on April 4, 2023 (88 FR 19911).
5 The September 23, 2023 renewal order, which
was effective upon issuance, was published in the
Federal Register on September 28, 2023 (88 FR
66802).
6 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. 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.
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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.’’ 7 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).8 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).9 Accordingly, any U.S.-origin
7 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).
9 87 FR 13048 (Mar. 8, 2022).
8 87
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Agencies
[Federal Register Volume 89, Number 187 (Thursday, September 26, 2024)]
[Notices]
[Pages 78845-78846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21970]
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B-29-2024]
Foreign-Trade Zone (FTZ) 32; Authorization of Production
Activity; J.J.C. International Distributors LLC dba Clar Company;
(Galvanized Steel Products); Miami, Florida
On May 23, 2024, J.J.C. International Distributors LLC dba Clar
Company submitted a notification of proposed production activity to the
FTZ Board for its facility within FTZ 32, in Miami, Florida.
The notification was processed in accordance with the regulations
of the FTZ Board (15 CFR part 400), including notice in the Federal
Register inviting public comment (89 FR 47129, May 31, 2024). On
September 20, 2024, the
[[Page 78846]]
applicant was notified of the FTZ Board's decision that no further
review of the activity is warranted at this time. The production
activity described in the notification was authorized, subject to the
FTZ Act and the FTZ Board's regulations, including section 400.14.
Dated: September 20, 2024.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2024-21970 Filed 9-25-24; 8:45 am]
BILLING CODE 3510-DS-P