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69314 Federal Register / Vol. 70, No.

219 / Tuesday, November 15, 2005 / Notices

Done and dated this 21st day of accessories, which are designated as Suburban Guns will be assessed, in
September, 2005 at New York, NY. EAR99 items.4 The charging letter addition to the full amount of the civil
Regina V. Thompson, further alleged that Suburban Guns penalty and interest, a penalty charge
Paralegal Specialist, Assistant to the committed these acts in violation of the and an administrative charge, as more
Administrative Law Judge. Denial Order imposed against it with fully described in the attached Notice.
[FR Doc. 05–22608 Filed 11–14–05; 8:45 am] knowledge that a violation of an Order Third, that the timely payment of the
issued under the Act and the civil penalty set forth above is hereby
BILLING CODE 3510–DT–M
Regulations would occur. made a condition to the granting,
BIS’s charging letter was served by restoration, or continuing validity of any
DEPARTMENT OF COMMERCE certified mail on Suburban Guns on export license, license exception,
January 28, 2005, and received on or permission, or privileged granted, or to
Bureau of Industry and Security about February 10, 2005. Suburban be granted, to Suburban Guns.
Guns did not file an answer to BIS’s Accordingly, if Suburban Guns should
[05–BIS–02] fail to pay the civil penalty in a timely
charging letter with the ALJ.
On August 4, 2005, BIS filed a Motion manner, the undersigned may enter an
In the Matter of: Suburban Guns (Pty)
for Default with the ALJ, recommending Order denying all of Suburban Guns’
Ltd., 119 Main Road, Plumstead 7800,
that Suburban Guns be denied export export privileges for a period of one year
Cape Town, South Africa, Respondent
privileges for a period of five years, from the date of entry of this Order.
Decision and Order beginning on July 25, 2007 when its Fourth, that, for a period of five years
current Denial Order expires, and that from July 25, 2007, the date of
This matter is before me upon a expiration of the Denial Order imposed
Recommended Decision and Order of an Suburban Guns be required to pay a
$44,000 penalty. Thereafter, on against Suburban Guns in Action
Administrative Law Judge (‘‘ALJ’’), as Affecting Export Privileges; Suburban
further described below. September 21, 2005, based on the record
before it, the ALJ issued a Guns (Pty) Ltd., 63, FR 15828 (Apr. 1,
In a charging letter filed on January 1998), Suburban Guns (Pty) Ltd. 119
28, 2005, the Bureau of Industry and Recommended Decision and Order in
which he found that Suburban Guns Main Road, P.O. Box 30, Plumstead
Security (‘‘BIS’’) alleged that respondent 7800, Cape Town, South Africa, and all
Suburban Guns (Pty) Ltd. (‘‘Suburban committed four violations of the
Regulations and recommended the of its successors or assigns, and, when
Guns’’) committed four violations of the acting for or on behalf of Suburban
Export Administration Regulations (the penalty proposed by BIS—denial of
Suburban Guns’ export privileges for Guns, its officers, representatives,
‘‘Regulations’’),1 issued under the agents, and employees (‘‘Denied
Export Administration Act of 1979, as five years, beginning on July 25, 2007,
and imposition of a $44,000 penalty Person’’), may not, directly or indirectly,
amended (50 U.S.C. app. §§ 2401–2420 participate in any way in any
(2000)) (the ‘‘Act’’).2 Specifically, BIS against Suburban Guns.
The ALJ’s Recommended Decision transaction involving any commodity,
alleged that Suburban Guns committed software or technology (hereinafter
two violations of section 764.2(a) and and Order, together with the entire
record in this case, has been referred to collectively referred to as ‘‘item’’)
two violations of section 764.2(e) of the exported or to be exported from the
Regulations. The charging letter alleged me for final action under section 766.22
of the Regulations. I find that the record United States that is subject to the
that, in violation of a denial of export Regulations, or in any other activity
privileges imposed against it by BIS on supports the ALJ’s findings of fact and
conclusions of law regarding the subject to the Regulations, including,
April 1, 1998,3 Suburban Guns placed but not limited to:
two orders with U.S. companies for liability of Suburban Guns for the
above-referenced charges. I also find A. Applying for, obtaining, or using
shotgun screw chokes, choke tubes, and any license, License Exception, or
barrels, which are classified under that the penalty recommended by the
ALJ is appropriate, given the nature of export control document;
Export Control Classification Number B. Carrying on negotiations
(‘‘ECCN’’) 0A984, and for other shotgun the violations and the importance of
preventing future unauthorized exports. concerning, or ordering, buying,
Based on my review of the entire record, receiving, using, selling, delivering,
1 The charged violations occurred in 2000. The
I affirm the findings of fact and storing, disposing of, forwarding,
Regulations governing the violations at issue are
found in the 2000 version of the Code of Federal conclusions of law in the ALJ’s transporting, financing, or otherwise
Regulations. 15 CFR parts 730–774 (2000). The 2005 Recommended Decision and Order. servicing in any way, any transaction
Regulations establish the procedures that apply to
Accordingly, it is Therefore Order, involving any item exported or to be
this matter. exported from the United States that is
2 From August 21, 1994 through November 12, First, that a civil penalty of $44,000 is
2000, the Act was in lapse. During that period, the assessed against Suburban Guns, which subject to the Regulations, or in any
President, through Executive Order 12924, which shall be paid to the U.S. Department of other activity subject to the Regulations;
had been extended by successive Presidential Commerce within 30 days from the date or
Notices, the last of which was August 3, 2000 (3 C. Benefiting in any way from any
CFR, 2000 Comp. 397 (2001)), continued the
of entry of this Order. Payment shall be
made in the manner specified in the transaction involving any item exported
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701– attached instructions. or to be exported from the United States
1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the Second, that, pursuant to the Debt that is subject to the Regulations, or in
Act was reauthorized by Public Law No. 106–508 any other activity subject to the
(114 Stat. 2360 (2000)) and it remained in effect
Collection Act of 1982, as amended (31
U.S.C. 3701–3720E (2000)), the civil Regulations.
through August 20, 2001. Since August 21, 2001,
the Act has been in lapse and the President, through penalty owned under this Order accrues Fifth, that no person may, directly or
Executive Order 13222 of August 17, 2001 (3 CFR, interest as more fully described in the indirectly, do any of the following:
2001 Comp. 783 (2002)), which has been extended
attached Notice, and, if payment is not A. Export or reexport to or on behalf
by successive Presidential Notices, the most recent of the Denied Person any item subject to
being that of August 2, 2005 (70 FR 45273, Aug. 5, made by the due date specified herein,
2005), has continued the Regulations in effect under
the Regulations;
IEEPA. 4 EAR99 is a designation for items subject to the B. Take any action that facilitates the
3 Action Affecting Export Privileges; Suburban Regulations but not listed on the Commerce Control acquisition or attempted acquisition by
Guns (Pty) Ltd., 63 FR 15828 (Apr. 1, 1998). List. the Denied Person of the ownership,

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Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / Notices 69315

possession, or control of any item Dated: October 20, 2005. Section 766.3(b)(1) of the Regulations
subject to the Regulations that has been David H. McCormick, provides that notice of issuance of a charging
letter shall be served on a respondent by
or will be exported from the United Under Secretary for Industry and Security.
mailing a copy by registered or certified mail
States, including financing or other Department of Commerce addressed to the respondent at the
support activities related to a respondent’s last known address. In
transaction whereby the Denied Person Bureau of Industry and Security accordance with the Regulations, on January
acquires or attempts to acquire such [Docket No. 05–BIS–02] 28, 2005, BIS mailed the notice of issuance
ownership, possession or control; of a charging letter by certified mail to
In the Matter of: Suburban Guns (Pty) Suburban Guns (Pty) Ltd. at: Suburban Guns
C. Take any action to acquire from or Ltd., 119 Main Road, P.O. Box 30, (Pty) Ltd., 119 Main Road, P.O. Box 30,
to facilitate the acquisition or attempted Plumstead 7800, Cape Town, South Plumstead 7800, Cape Town, South Africa.
acquisition from the Denied Person of Africa, Respondent BIS has submitted evidence that establishes
any item subject to the Regulations that that this charging letter was received by
has been exported from the United Recommended Decision and Order Suburban Guns (Pty) Ltd. on or about
February 10, 2005. These actions constitute
States; On January 28, 2005, the Bureau of
service under the Regulations.
Industry and Security, U.S. Department of
D. Obtain from the Denied Person in Section 766.6(a) of the Regulations
Commerce (hereinafter, ‘‘BIS’’), issued a
the United States any item subject to the provides, in pertinent part, that ‘‘[t]he
charging letter initiating this administrative
Regulations with knowledge or reason respondent must answer the charging letter
enforcement proceeding against Suburban
within thirty (30) days after being served
to know that the item will be, or is Guns (Pty) Ltd. The charging letter alleged
with notice of issuance of the charging letter’’
intended to be, exported from the that Suburban Guns (Pty) Ltd. committed
four (4) violations of the Export initiating the administrative enforcement
United States; or Administration Regulations (currently proceeding. To date, Suburban Guns (Pty)
E. Engage in any transaction to service codified at 15 CFR parts 730–74 (2005))(‘‘the Ltd. has not filed an answer to the charging
Regulations’’),1 issued under the Export letter.
any item subject to the Regulations that Pursuant to the default procedures set forth
has been or will be exported from the Administration Act of 1979, as amended.2
Specifically, the charging letter alleged that in section 766.7 of the Regulations, I find the
United States and that is owned, Suburban Guns (Pty) Ltd. violated the Denial facts to be as alleged in the charging letter,
possessed or controlled by the Denied Order imposed against it by placing an order and hereby determine that those facts
Person, or service any item, of whatever on or about February 2, 2000, with a U.S. establish that Suburban Guns (Pty) Ltd.
origin, that is owned, possessed or company for shotgun screw chokes, choke committed two violations of section 764.2(e),
tubes, and other accessories, which were one violation of section 764.2(g), and two
controlled by the Denied Person if such violations of section 764.2(k) of the
exported to Suburban Guns (Pty) Ltd. on or
service involves the use of any item Regulations.
about March 1, 2000 (Charge 1). The charging
subject to the Regulations that has been letter also alleged that Suburban Guns (Pty) Section 764.3 of the Regulations sets forth
or will be exported from the United Ltd. violated its Denial Order by placing an the sanctions BIS may seek for violations of
States. For purposes of this paragraph, additional order on or about March 29, 2000, the Regulations. The applicable sanctions
servicing means installation, with a U.S. company for shotgun barrels and are: (1) A monetary penalty; (2) suspension
screw chokes, which were exported to from practice before the Department of
maintenance, repair, modification or Commerce; and (3) denial of export privileges
Suburban Guns (Pty) Ltd. on or about March
testing. 30, 2000 (Charge 3). Pursuant to the Denial under the Regulations. See 15 CFR 764.3
Sixth, that, after notice and Order imposed against it, Suburban Guns (2005). Because Suburban Guns (Pty) Ltd.
opportunity for comment as provided in (Pty) Ltd. was prohibited from participating knowingly violated the Regulations by
in any transaction involving any item subject violating the Denial Order imposed against it,
section 766.23 of the Regulations, any BIS requests that I recommended to the
to the Regulations that was exported or to be
person, firm, corporation, or business exported from the United States. See Action Undersecretary of Commerce for Industry
organization related to the Denied Affecting Export Privileges; Suburban Guns and Security 3 that Suburban Guns (Pty)
Person by affiliation, ownership, (Pty) Ltd., 63 FR 15828 (Apr. 1, 1998). The Ltd.’s export privileges be denied for five (5)
control, or position of responsibility in BIS charging letter also alleged that, in both years, beginning on July 25, 2007, when its
the conduct of trade or related services exports described above, Suburban Guns current Denial Order, issued pursuant to
(Pty) Ltd. ordered and purchased the items section 11(h) of the Export Administration
may also be made subject to the Act expires, and that I imposes to a civil
with knowledge that violations of an Order
provisions of this Order. issued under the Act and the Regulations penalty of forty-four thousand dollars
Seventh, that this Order does not would occur (Charges 2 and 4). ($44,000).
prohibit any export, re-export or other BIS has suggested these sanctions because
transaction subject to the Regulations 1 The charged violations occurred in 2000. The Suburban Guns (Pty) Ltd.’s actions, in twice
Regulations governing the violations at issue are violating a Denial Order imposed against it,
where the only items involved that are found in the 2000 version of the Code of Federal doing so with knowledge that a violation of
subject to the Regulations are the Regulations (15 CFR parts 730–74 (2000)). The 2005 the Regulations was occurring evidence a
foreign-produced direct product of U.S.- Regulations establish the procedures that apply to blatant disregard for U.S. export control laws.
this matter.
origin technology. 250 U.S.C. §§ 2401–2420 (2000) (hereinafter, ‘‘the
Further, BIS believes that denying Suburban
Guns (Pty) Ltd.’s export privileges in this
Eighth, that this Order shall be served Act’’). From August 21, 1994 through November 12,
2000, the Act was in lapse. During that period, the case is not a sufficient deterrent to Suburban
on the Respondent and on BIS, and President, through Executive Order 12924, which Guns (Pty) Ltd.’s, as evidenced by its
shall be published in the Federal was extended by successive Presidential Notices, willingness to violate the denial order in
Register. In addition, the ALJ’s the last of which was August 3, 2000 (3 CFR, 2000 effect against it. In light of these
Recommended Decision and Order, Comp. 397 (2001)), continued the Regulations in circumstances, BIS believes that appropriate
effect under the International Emergency Economic
except for the section related to the Powers Act (50 U.S.C. 1701–06 (2000)) (hereinafter,
3 Pursuant to section 13(c)(1) of the Export
Recommended Order, shall be ‘‘IEEPA’’). On November 13, 2000, the Act was
reauthorized and it remained in effect through Administration Act and section 766.17(b)(2) of the
published in the Federal Register. Regulations, in export control enforcement cases,
August 20, 2001. Since August 21, 2001, the Act has
This Order, which constitutes the been in lapse and the President, through Executive the Administrative Law Judge makes recommended
Order 13222 of August 17, 2001 (3 CFR, 2001 findings of fact and conclusions of law that the
final agency section in this matter, is Under Secretary must affirm, modify or vacate. The
Comp. 783 (2002)), as extended by the Notice of
effective upon publication in the August 2, 2005 (70 FR 45273 (August 5, 2005)), has Under Secretary’s action is the final decision for the
Federal Register. continued the Regulations in effect under IEEPA. U.S. Commerce Department.

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69316 Federal Register / Vol. 70, No. 219 / Tuesday, November 15, 2005 / Notices

section is the denial of Suburban Guns (Pty) Paralegal Specialist, Assistant to the issuing the correct amended margin
Ltd.’s export privileges for five (5) years and Administrative Law Judge. percentage for NPB in this notice.
a civil penalty of forty-four thousand dollars [FR Doc. 05–22607 Filed 11–14–05; 8:45 am]
($44,000). Amended Final Results of Review
BILLING CODE 3510–DT–M
On this basis, I concur with BIS and As a result of the correction of a
recommend that the Under Secretary enter an clerical error, the weighted–average
Order denying Suburban Guns (Pty) Ltd.’s DEPARTMENT OF COMMERCE margin for exports of ball bearings by
export privileges for a period of five (5) years
NPB for the period May 1, 2003, through
and requiring Suburban Guns (Pty) Ltd. to International Trade Administration
pay a civil penalty in the amount of forty-
April 30, 2004, is 15.51 percent.
four thousand dollars ($44,000). These [A–588–804] The Department will determine and
penalties are consistent with penalties the U.S. Bureau of Customs and Border
imposed in recent cases under the Notice of Correction to Amended Final Protection (CBP) shall assess
Regulations involving violations of denial Results of Antidumping Duty antidumping duties on all appropriate
orders. In the Matters of Yaudat Mustafa Administrative Review: Ball Bearings entries. We will issue appropriate
Talyi a.k.a. Yaudat Mustafa a.k.a. Joseph and Parts Thereof from Japan assessment instructions directly to CBP
Talyi, 41 Chamale Cove East, Slidell, within 15 days of publication of these
Louisiana, 70460, Respondents; Decision and AGENCY: Import Administration, amended final results of review. Where
Order, 69 FR 77177 (Dec. 27, 2004) (affirming International Trade Administration, the importer-/customer–specific
the ALJ’s recommendations that a twenty Department of Commerce. assessment rate or amount is above de
year denial and maximum civil penalty of SUMMARY: On October 21, 2005, the
minimis, we will instruct CBP to assess
$11,000 per violation was appropriate where Department of Commerce published in duties on all entries of subject
an individual exported oil field parts to Libya the Federal Register the amended final merchandise by that importer or for that
without authorization, in violation of the results of the administrative review of
terms and conditions of a BIS order customer.
the antidumping duty order on ball We will also direct CBP to collect
temporarily denying his export privileges bearings and parts thereof from Japan.
and with knowledge that a violation would cash deposits of estimated antidumping
The period of review is May 1, 2003, duties on all appropriate entries in
occur; and solicited a violation of the
through April 30, 2004. Based on the accordance with the procedures
Regulations by ordering oil field parts from
an equipment manufacturer located in the correction of a certain ministerial error, discussed in Ball Bearings and Parts
United States without authorization and with we have changed the margin for Nippon Thereof from France, et al.: Final
knowledge that a violation would occur). A Pillow Block Co., Ltd., for the Results of Antidumping Duty
five (5) year denial of Suburban Guns (Pty) administrative review of ball bearings Administrative Reviews, 70 FR 54711
Ltd.’s export privileges is warranted because and parts thereof from Japan. (September 16, 2005), and at the rate as
Suburban Guns (Pty) Ltd.’s violations, like EFFECTIVE DATE: November 15, 2005. amended by this notice. The amended
those of the defendants in the above-cited FOR FURTHER INFORMATION CONTACT: deposit requirements are effective for all
case, were deliberate acts in violation of an
Yang Jin Chun or Richard Rimlinger, shipments of the subject merchandise
order denying export privileges.
Import Administration, International entered, or withdrawn from warehouse,
Recommended Order—[Redacted] Trade Administration, U.S. Department for consumption on or after the date
Accordingly, I am referring this of Commerce, 14th Street and these amended final results are
Recommended Decision and Order to the Constitution Avenue, NW., Washington, published in the Federal Register.
Under Secretary of Commerce for Industry DC 20230; telephone: (202) 482–5760 or We are issuing and publishing this
and Security for review and final action for (202) 482–4477, respectively. notice in accordance with sections
the agency, without further notice to the SUPPLEMENTARY INFORMATION: 751(a)(1) and 777(i) of the Tariff Act of
respondent, as provided in section 766.7 of 1930, as amended, and 19 CFR
the Regulations. Background § 351.224(e).
Within thirty (30) days after receipt of this On October 21, 2005, the Department
Recommended Decision and Order, the Dated: November 8, 2005.
of Commerce (the Department) Stephen J. Claeys,
Under Secretary will issue a written order
affirming, modifying or vacating the
published in the Federal Register the
Acting Assistant Secretary for Import
Recommended Decision and Order. See 15 amended final results of the Administration.
CFR 766.22(c). administrative review of the
[FR Doc. E5–6302 Filed 11–14–05; 8:45 am]
Done and dated this 21st day of September, antidumping duty order on ball bearings
BILLING CODE 3510–DS–S
2005. and parts thereof (ball bearings) from
Walter J. Brudzinski, Japan covering the period May 1, 2003,
Administrative Law Judge, U.S. Coast Guard. through April 30, 2004 (70 FR 61252) DEPARTMENT OF COMMERCE
(Amended Final Results Notice).
Certificate of Service
We received a timely allegation of a International Trade Administration
I hereby certify that I have served the ministerial error from Nippon Pillow
foregoing Recommended Decision & Order by Block Co., Ltd (NPB). In its comments [A–570–836]
Federal Express to the following persons: dated October 26, 2005, NPB alleged
Under Secretary for Export Administration, Glycine from the People’s Republic of
Bureau of Industry and Security, U.S.
that the Department released a correct
China; Continuation of Antidumping
Department of Commerce, Room H–3839, amended margin percentage for NPB in
Duty Order
14th & Constitution Avenue, NW., the Department’s October 14, 2005,
Washington, DC 20230. Phone: 202–482– amended final analysis memorandum AGENCY: Import Administration,
5301. but published an incorrect amended International Trade Administration,
ALJ Docketing Center, Baltimore, 40 S. Gay margin percentage for NPB in the Department of Commerce.
Street, Room 412, Baltimore, Maryland Amended Final Results Notice. The SUMMARY: As a result of the
21202–4022. Phone: 410–962–7434. petitioner did not comment on the determinations by the Department of
Done and dated this 21st day of September, alleged ministerial error. Commerce (‘‘the Department’’) and the
2005. New York, NY. We agree with NPB that the published International Trade Commission (‘‘ITC’’)
Regina V. Thompson, margin was incorrect. We are now that revocation of the antidumping duty

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