URAL Airlines JSC, Utrenniy Lane 1-g, Yekaterinburg, Russia 620025; Order Renewing Temporary Denial of Export Privileges, 81881-81884 [2024-23351]
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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices
designed to carry out the policy set forth
in section 1752(1)(A) of the Export
Control Reform Act. The purpose of the
meeting is to have Committee members
and U.S. Government representatives
mutually review updated technical data
and policy-driving information that has
been gathered.
Agenda
October 21, 2024
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Open Session
1. Opening remarks by the Chairman,
Opening remarks by the Bureau of
Industry and Security.
2. Status Reports by Chair.
3. Public Comments and Proposals.
Closed Session
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be exempt from the open meeting and
public participation requirements found
in sections 1009(a)(1) and 1009(a)(3) of
the Federal Advisory Committee Act
(FACA) (5 U.S.C. 1001–1014). The
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or portions thereof, if the head of the
agency to which the advisory committee
reports determines such meetings may
be closed to the public in accordance
with subsection (c) of the Government
in the Sunshine Act (5 U.S.C. 552b(c)).
In this case, the applicable provisions of
5 U.S.C. 552b(c) are subsection
552b(c)(4), which permits closure to
protect trade secrets and commercial or
financial information that is privileged
or confidential, and subsection
552b(c)(9)(B), which permits closure to
protect information that would be likely
to significantly frustrate implementation
of a proposed agency action were it to
be disclosed prematurely. The closed
session of the meeting will involve
committee discussions and guidance
regarding U.S. Government strategies
and policies.
The open session will be accessible
via teleconference. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov (email) or (202) 482–2813
(voice).
A limited number of seats will be
available for members of the public to
attend the open session in person.
Reservations are not accepted.
Special Accommodations: Individuals
requiring special accommodations to
access the public meeting should
contact Ms. Yvette Springer no later
than Thursday, October 17, 2024, so that
appropriate arrangements can be made.
To the extent that time permits,
members of the public may present oral
statements to the Committee. The public
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may submit written statements at any
time before or after the meeting.
However, to facilitate distribution of
materials to the Committee members,
the Committee suggests that members of
the public forward their materials prior
to the meeting to Ms. Springer via email.
Material submitted by the public will be
made public and therefore should not
contain confidential information.
Meeting materials from the public
session will be accessible via the
Technical Advisory Committee (TAC)
site at https//tac.bis.gov, within 30-days
after the meeting.
The Deputy Assistant Secretary for
Administration, performing the nonexclusive functions and duties of the
Chief Financial Officer and Assistant
Secretary for Administration, with the
concurrence of the delegate of the
General Counsel, formally determined
on April 29, 2024, pursuant to 5 U.S.C.
1009(d)), that the portion of the meeting
dealing with pre-decisional changes to
the Commerce Control List and the U.S.
export control policies shall be exempt
from the provisions relating to public
meetings found in 5 U.S.C. 1009(a)(1)
and 1009(a)(3). The remaining portions
of the meeting will be open to the
public.
Meeting cancellation: If the meeting is
cancelled, a cancellation notice will be
posted on the TAC website at https://
tac.bis.doc.gov.
For more information, contact Ms.
Springer.
81881
request of the Office of Export
Enforcement (‘‘OEE’’) to renew the
temporary denial order (‘‘TDO’’) issued
in this matter on April 7, 2022. 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 URAL Airlines
JSC (‘‘URAL’’) has engaged in a pattern
of repeated, ongoing and/or continuous
apparent violations of the EAR.
Yvette Springer,
Committee Liaison Officer.
I. Procedural History
On October 13, 2022, I signed an
order denying URAL 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 The
temporary denial order was
subsequently renewed on April 10,
2023 3 and October 6, 2023 4 in
accordance with section 766.24(d) of the
Regulations.5
On September 10, 2024, 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 deliver a copy of
the renewal request to URAL 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.
[FR Doc. 2024–23328 Filed 10–8–24; 8:45 am]
II. Renewal of the TDO
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
URAL Airlines JSC, Utrenniy Lane 1–g,
Yekaterinburg, Russia 620025; 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
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. sec. 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
PO 00000
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A. Legal Standard
Pursuant to section 766.24, BIS may
issue an order temporarily denying a
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 October 19, 2022 (87 FR 63477).
3 The April 10, 2023 renewal order was published
in the Federal Register on April 13, 2023 (88 FR
22406).
4 The October 6, 2023 renewal order, which was
effective upon issuance, was published in the
Federal Register on October 13, 2023 (88 FR
70925).
5 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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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices
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.
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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.
6 88
FR 59791 (Aug. 30, 2023).
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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
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 TDO and
the renewal orders subsequently issued
in this matter on April 10, 2023 and
October 6, 2023, as well as other
evidence developed during this
investigation. This evidence
demonstrates that URAL 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
October 13, 2022, was based on
evidence that URAL 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, Bishkek,
Kyrgyzstan; Dushanbe, Tajikistan;
Khudzhand, Tajikistan; and Tamchy,
Kyrgyzstan without the required BIS
authorization.9 Further evidence
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).
9 Publicly available flight tracking information
shows multiple flights into Russia, including the
following: on September 10, 2022, serial number
PO 00000
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indicated that URAL also operated
aircraft subject to the EAR on domestic
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 TDO
issued, URAL 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 April 10, 2023 order detailed flights
into and out of Russia from/to Bishkek,
Kyrgyzstan, Dushanbe, Tajikistan, and
Khujand, Tajikistan, as well as within
Russia.11 The October 6, 2023 order
detailed flights into and out of Russia
from/to Dushanbe, Tajikistan, Tamchy,
Kyrgyzstan, and Bishkek, Kyrgyzstan, as
well as within Russia.12
Since that time, URAL continued to
engage in conduct prohibited by the
TDO and Regulations. In its September
10, 2024 request for TDO renewal, BIS
submitted evidence that URAL
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 October 6,
2023 renewal order and/or the
Regulations. Specifically, BIS’s evidence
and related investigation demonstrates
that URAL continued to operate aircraft
subject to the EAR, including, but not
limited to, on flights into and out of
Russia from/to Khujand, Tajikistan,
Osh, Kyrgyzstan, and Dushanbe,
Tajikistan as well as domestically
within Russia. Information about those
flights includes, but is not limited to,
the following:
(SN) 5055 flew from Dushanbe, Tajikistan to
Irkutsk, Russia, and on September 6, 2022, SN5055
flew from Khudzhand, Tajikistan to Sochi, Russia.
In addition, on October 6, 2022, SN 5055 flew from
Bishkek, Kyrgyzstan to Samara, 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 that SN 5055 flew from Dushanbe, Tajikistan
to Ufa, Russia on March 20, 2023 and from Osh,
Kyrgyzstan to Krasnoyarsk, Russia on March 19,
2023. In addition, on March 19, 2023, SN 2376 flew
from Bishkek, Kyrgyzstan to Yekaterinburg, Russia.
On March 6, 2023, SN 1941 flew from Khujand,
Tajikistan to Yekaterinburg, Russia. On March 16,
2023, SN 1941 flew from Sochi, Russia to Moscow,
Russia.
12 Publicly available flight tracking information
shows that SN 5055 flew from Dushanbe, Tajikistan
to Yekaterinburg, Russia on September 5, 2023. In
addition, on August 21, 2023, SN 2376 flew from
Tamchy Kyrgyzstan to Moscow, Russia. On
September 4, 2023, SN 1941 flew from Bishkek,
Kyrgyzstan to Moscow, Russia.
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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices
Tail No.
RA–73817
RA–73817
RA–73817
RA–73817
RA–73817
RA–73818
RA–73818
RA–73818
RA–73818
RA–73818
RA–73798
RA–73798
RA–73798
RA–73798
RA–73798
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Serial No.
5055
5055
5055
5055
5055
2376
2376
2376
2376
2376
7206
7206
7206
7206
7206
Aircraft type
A320–232
A320–232
A320–232
A320–232
A320–232
A320–232
A320–232
A320–232
A320–232
A320–232
A321–231
A321–231
A321–231
A321–231
A321–231
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 URAL 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.
Moreover, I find that renewal for an
extended period is appropriate because
URAL 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 URAL, 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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IV. Order
It is therefore ordered:
First, URAL Airlines JSC, Utrenniy
Lane 1-g, Yekaterinburg, Russia, 620025,
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;
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Departure/arrival cities
Mineralnye Vody, RU/Khujand, TJ ...........
Bishkek, KG/Sochi, RU .............................
Chelyabinsk, RU/Khujand, TJ ...................
Dushanbe, TJ/Chelyabinsk, RU ...............
Sochi, RU/Moscow, RU ............................
Bishkek, KG/Yekaterinburg, RU ...............
Dushanbe, TJ/Yekaterinburg, RU .............
Dushanbe, TJ/Kazan, RU .........................
Yekaterinburg, RU/Osh, KG .....................
Bishkek, KG/Samara, RU .........................
Moscow, RU/Osh, KG ..............................
Khujand, TJ/Moscow, RU .........................
Osh, KG/Moscow, RU ..............................
Bishkek, KG/Moscow, RU ........................
Dushanbe, TJ/Moscow, RU ......................
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 URAL 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
URAL 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 URAL 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 URAL of any item
subject to the EAR that has been
exported from the United States except
directly related to safety of flight and
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Fmt 4703
Sfmt 4703
Dates
September 17, 2024.
September 14, 2024.
September 3, 2024.
September 3, 2024.
September 1, 2024.
September 4, 2024.
September 3, 2024.
September 3, 2024.
September 2, 2024.
August 30, 2024.
September 17, 2024.
September 16, 2024.
September 4, 2024.
September 3, 2024.
September 2, 2024.
authorized by BIS pursuant to section
764.3(a)(2) of the Regulations;
D. Obtain from URAL 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 URAL, or
service any item, of whatever origin,
that is owned, possessed or controlled
by URAL 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 URAL 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, URAL
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
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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Notices
request may be opposed by URAL 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 URAL, 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. 2024–23351 Filed 10–8–24; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–817]
Oil Country Tubular Goods From the
Republic of Turkey: Preliminary
Results and Partial Rescission of
Countervailing Duty Administrative
Review; 2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of certain oil country
tubular goods (OCTG) from the Republic
of Türkiye (Türkiye) during the period
of review (POR) from January 1, 2022,
through December 31, 2022. In addition,
Commerce is rescinding this review, in
part, with respect to 10 companies.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 9, 2024.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230;
telephone:(202) 482–1395.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On July 18, 2014, Commerce
published in the Federal Register the
countervailing duty (CVD) order on
OCTG from Türkiye.1 On November 15,
2023, Commerce published in the
1 See Certain Oil Country Tubular Goods from
India and the Republic of Turkey: Countervailing
Duty Orders and Amended Affirmative Final
Countervailing Duty Determination for India, 79 FR
53688 (September 10, 2014) (Order).
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17:05 Oct 08, 2024
Jkt 265001
Federal Register the notice of initiation
of an administrative review of the
Order.2 On December 18, 2024,
Commerce selected Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan) and Cayirova Boru
Sanayi ve Ticaret A.S. (Cayirova) for
individual examination as the
mandatory respondents in this
administrative review.3 On May 21,
2024, we extended the deadline for the
preliminary results of this
administrative review until September
27, 2024.4 On July 22, 2024, Commerce
tolled certain deadlines in this
administrative proceeding by seven
days.5 The deadline for the preliminary
results is now October 4, 2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.6 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
Appendix I to this notice. The
Preliminary 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 Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Scope of the Order
The merchandise covered by the
Order is OCTG. For a complete
description of the scope of the Order,
see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each of the subsidy programs found
countervailable, we preliminarily find
that there is a subsidy (i.e., a
government-provided financial
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
78298 (November 15, 2023) (Initiation Notice).
3 See Memorandum, ‘‘Companies to be
Reviewed,’’ dated December 18, 2024.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated May 21, 2024.
5 See Memorandum, ‘‘Tolling of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated July 22, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Countervailing Duty
Administrative Review on Certain Oil Country
Tubular Goods; 2022,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific).7 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Determination Memorandum.
Partial Rescission of Administrative
Review
Commerce may rescind an
administrative review of a CVD order
when no reviewable entries of subject
merchandise exist during the POR for
which liquidation is suspended,
pursuant to 19 CFR 351.213(d)(3).8
Normally, upon completion of an
administrative review, suspended
entries are liquidated at the CVD
assessment rate calculated for the
review period.9 Therefore, for an
administrative review to be conducted,
there must be a reviewable, suspended
entry that Commerce can instruct CBP
to liquidate at the CVD assessment rate
calculated for the POR.10
Based on our analysis of U.S. Customs
and Border Protection (CBP) data, we
determine that 10 companies had no
entries of subject merchandise during
the POR. On September 24, 2024, we
notified interested parties of our intent
to rescind the administrative review
with respect to 10 companies because
there are no reviewable entries.11 No
parties commented on the notification
of intent to rescind, in part. Pursuant to
19 CFR 351.213(d)(3), we are rescinding
the administrative review of these
companies. For a list of these companies
with no reviewable suspended entries of
subject merchandise, see Appendix II.
Preliminary Results of Review
We preliminarily find that the
following net countervailable subsidy
rates exist for the period January 1,
2022, through December 31, 2022: 12
7 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
8 See, e.g., Lightweight Thermal Paper from the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); see also Circular
Welded Carbon Quality Steel Pipe from the People’s
Republic of China: Rescission of Countervailing
Duty Administrative Review; 2017, 84 FR 14650
(April 11, 2019).
9 See 19 CFR 351.212(b)(2).
10 See 19 CFR 351.213(d)(3).
11 See Memorandum, ‘‘Intent to Rescind review,
in Part,’’ dated September 24, 2024.
12 We preliminarily cumulated any subsidy
benefits received by Yücelboru Ihracat Ithalat ve
Pazarlama A.Ş. with those received by Cayirova,
pursuant to 19 CFR 351.525(c). See Preliminary
Decision Memorandum at 5–6.
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81881-81884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23351]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
URAL Airlines JSC, Utrenniy Lane 1-g, Yekaterinburg, Russia
620025; 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 April 7, 2022. 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 URAL Airlines JSC (``URAL'') 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. sec.
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 October 13, 2022, I signed an order denying URAL 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\ The temporary denial order was subsequently renewed on
April 10, 2023 \3\ and October 6, 2023 \4\ in accordance with section
766.24(d) of the Regulations.\5\
---------------------------------------------------------------------------
\2\ The TDO was published in the Federal Register on October 19,
2022 (87 FR 63477).
\3\ The April 10, 2023 renewal order was published in the
Federal Register on April 13, 2023 (88 FR 22406).
\4\ The October 6, 2023 renewal order, which was effective upon
issuance, was published in the Federal Register on October 13, 2023
(88 FR 70925).
\5\ 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.
---------------------------------------------------------------------------
On September 10, 2024, 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 deliver a copy of the renewal request to URAL 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
[[Page 81882]]
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 TDO and the renewal orders
subsequently issued in this matter on April 10, 2023 and October 6,
2023, as well as other evidence developed during this investigation.
This evidence demonstrates that URAL 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
October 13, 2022, was based on evidence that URAL 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, Bishkek,
Kyrgyzstan; Dushanbe, Tajikistan; Khudzhand, Tajikistan; and Tamchy,
Kyrgyzstan without the required BIS authorization.\9\ Further evidence
indicated that URAL also operated aircraft subject to the EAR on
domestic flights within Russia, potentially in violation of section
736.2(b)(10) of the Regulations.
---------------------------------------------------------------------------
\9\ Publicly available flight tracking information shows
multiple flights into Russia, including the following: on September
10, 2022, serial number (SN) 5055 flew from Dushanbe, Tajikistan to
Irkutsk, Russia, and on September 6, 2022, SN5055 flew from
Khudzhand, Tajikistan to Sochi, Russia. In addition, on October 6,
2022, SN 5055 flew from Bishkek, Kyrgyzstan to Samara, Russia.
---------------------------------------------------------------------------
As discussed in the prior renewal orders, BIS presented evidence
indicating that, after the initial TDO issued, URAL 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 April 10, 2023 order detailed flights into
and out of Russia from/to Bishkek, Kyrgyzstan, Dushanbe, Tajikistan,
and Khujand, Tajikistan, as well as within Russia.\11\ The October 6,
2023 order detailed flights into and out of Russia from/to Dushanbe,
Tajikistan, Tamchy, Kyrgyzstan, and Bishkek, Kyrgyzstan, as well as
within Russia.\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 that
SN 5055 flew from Dushanbe, Tajikistan to Ufa, Russia on March 20,
2023 and from Osh, Kyrgyzstan to Krasnoyarsk, Russia on March 19,
2023. In addition, on March 19, 2023, SN 2376 flew from Bishkek,
Kyrgyzstan to Yekaterinburg, Russia. On March 6, 2023, SN 1941 flew
from Khujand, Tajikistan to Yekaterinburg, Russia. On March 16,
2023, SN 1941 flew from Sochi, Russia to Moscow, Russia.
\12\ Publicly available flight tracking information shows that
SN 5055 flew from Dushanbe, Tajikistan to Yekaterinburg, Russia on
September 5, 2023. In addition, on August 21, 2023, SN 2376 flew
from Tamchy Kyrgyzstan to Moscow, Russia. On September 4, 2023, SN
1941 flew from Bishkek, Kyrgyzstan to Moscow, Russia.
---------------------------------------------------------------------------
Since that time, URAL continued to engage in conduct prohibited by
the TDO and Regulations. In its September 10, 2024 request for TDO
renewal, BIS submitted evidence that URAL 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 October 6, 2023 renewal
order and/or the Regulations. Specifically, BIS's evidence and related
investigation demonstrates that URAL continued to operate aircraft
subject to the EAR, including, but not limited to, on flights into and
out of Russia from/to Khujand, Tajikistan, Osh, Kyrgyzstan, and
Dushanbe, Tajikistan as well as domestically within Russia. Information
about those flights includes, but is not limited to, the following:
[[Page 81883]]
----------------------------------------------------------------------------------------------------------------
Departure/
Tail No. Serial No. Aircraft type arrival cities Dates
----------------------------------------------------------------------------------------------------------------
RA-73817...................... 5055 A320-232........ Mineralnye Vody, September 17, 2024.
RU/Khujand, TJ.
RA-73817...................... 5055 A320-232........ Bishkek, KG/ September 14, 2024.
Sochi, RU.
RA-73817...................... 5055 A320-232........ Chelyabinsk, RU/ September 3, 2024.
Khujand, TJ.
RA-73817...................... 5055 A320-232........ Dushanbe, TJ/ September 3, 2024.
Chelyabinsk, RU.
RA-73817...................... 5055 A320-232........ Sochi, RU/ September 1, 2024.
Moscow, RU.
RA-73818...................... 2376 A320-232........ Bishkek, KG/ September 4, 2024.
Yekaterinburg,
RU.
RA-73818...................... 2376 A320-232........ Dushanbe, TJ/ September 3, 2024.
Yekaterinburg,
RU.
RA-73818...................... 2376 A320-232........ Dushanbe, TJ/ September 3, 2024.
Kazan, RU.
RA-73818...................... 2376 A320-232........ Yekaterinburg, September 2, 2024.
RU/Osh, KG.
RA-73818...................... 2376 A320-232........ Bishkek, KG/ August 30, 2024.
Samara, RU.
RA-73798...................... 7206 A321-231........ Moscow, RU/Osh, September 17, 2024.
KG.
RA-73798...................... 7206 A321-231........ Khujand, TJ/ September 16, 2024.
Moscow, RU.
RA-73798...................... 7206 A321-231........ Osh, KG/Moscow, September 4, 2024.
RU.
RA-73798...................... 7206 A321-231........ Bishkek, KG/ September 3, 2024.
Moscow, RU.
RA-73798...................... 7206 A321-231........ Dushanbe, TJ/ September 2, 2024.
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 URAL 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. Moreover, I find that renewal for an extended
period is appropriate because URAL 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 URAL, 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, URAL Airlines JSC, Utrenniy Lane 1-g, Yekaterinburg, Russia,
620025, 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
URAL 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 URAL 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 URAL 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 URAL 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 URAL 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 URAL, or service any item, of
whatever origin, that is owned, possessed or controlled by URAL 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 URAL 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,
URAL 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
[[Page 81884]]
request may be opposed by URAL 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 URAL, 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. 2024-23351 Filed 10-8-24; 8:45 am]
BILLING CODE 3510-DT-P
