Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 68307

1The charged violations occurred from 1998 to 

2001. The Regulations governing the violations at 

issue are found in the 1998 to 2001 versions of the 

Code of Federal Regulations (15 CFR parts 730–774 

(1998–2001)). The 2004 Regulations set forth the 

procedures that apply to this matter.

2From August 21, 1994 through November 12, 

2000, the Act was in lapse During that period, the 

President, through Executive Order 12924, which 

had been extended by successive Presidential 

Notices, the last of which was August 3, 2000 (3 

CFR, 2000 Comp. 397 (2001)), continued the 

Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701–

1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the 

Act was reauthorized and it remained in effect 

through August 20, 2001. Since August 21, 2001, 

the Act has been in lapse and the President, through 

Executive Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp. 783 (2002)), as extended by the Notice 

of August 6, 2004 (69 FR 48763 (August 10, 2004)), 

has continued the Regulations in effect under the 

IEEPA.

3The term ‘‘ECCN’’ refers to an Export Control 

Classification Number. See Supp. 1 to 15 CFR 774.

4See Supplement No. 4 to Part 744 of the 

Regulations.

interest, a penalty charge and an 

administrative charge, as more fully 

described in the attached Notice. 

Third, that the timely payment of the 

civil penalty set forth above is hereby 

made a condition to the granting, 

restoration, or continuing validity of any 

export license, License Exception, 

permission, or privilege granted, or to be 

granted, to Halear. Accordingly, if 

Halear should fail to pay the civil 

penalty in a timely manner, the 

undersigned may enter an Order 

denying all of Halear’s export privileges 

for a period of one year from the date 

of entry of this Order. 

Fourth, that for a period of three years 

from the date of this Order, Halear, Inc., 

530 North Firestone Lane, Placentia, 

California, 92870 (‘‘Halear’’), and when 

acting for or on behalf of Halear, its 

representatives, agents, assigns or 

employees (‘‘denied person’’) may not, 

directly or indirectly, participate in any 

way in 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 

Regulations, or in any other activity 

subject to the Regulations, including, 

but not limited to: 

A. Applying for, obtaining, or using 

any license, 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 Regulations, or in any 

other activity subject to the Regulations; 

or 

C. Benefiting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the Regulations, or in 

any other activity subject to the 

Regulations. 

Fifth, that no person may, directly or 

indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the denied person any item subject to 

the Regulations; 

B. Take any action that facilities the 

acquisition or attempted acquisition by 

the denied person of the ownership, 

possession, or control of any item 

subject to the Regulations that has been 

or will be exported from the United 

States, including financing or other 

support activities related to a 

transaction whereby the denied person 

acquires or attempts to acquire such 

ownership, possession or control;

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from the denied person of 

any item subject to the Regulations that 

has been exported from the United 

States; 

D. Obtain from the denied person in 

the United States any item subject to the 

Regulations with knowledge or reason 

to know that the item will be, or is 

intended to be, exported from the 

United States; or 

E. Engage in any transaction to service 

any item subject to the Regulations that 

has been or will be exported from the 

United States and which is owned, 

possessed or controlled by the denied 

person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by the denied person if such 

service involves the use of any item 

subject to the Regulations that has been 

or will be exported from the United 

States. For purposes of this paragraph, 

servicing means installation, 

maintenance, repair, modification or 

testing. 

Sixth, that after notice and 

opportunity for comment as provided in 

section 766.23 of the Regulations, any 

person, firm, corporation, or business 

organizations related to Halear by 

affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services may also be 

subject to the provisions of this Order. 

Seventh, that this Order does not 

prohibit any export, reexport, or other 

transaction subject to the Regulations 

where the only items involved that are 

subject to the Regulations are the 

foreign-produced direct product of U.S.-

origin technology. 

Eighth, that this Order shall be served 

on the Denied Person and on BIS, and 

shall be published in the Federal 

Register.

Ninth, that the proposed charging 

letter, the Settlement Agreement, and 

this Order shall be made available to the 

public. 

This order, which constitutes the final 

agency action in this matter, is effective 

immediately.

Entered this 18th day of November 2004. 

Julie L. Salcido, 

Acting Deputy Assistant Secretary of 

Commerce for Export Enforcement.

[FR Doc. 04–25987 Filed 11–23–04; 8:45 am] 

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Order Relating to Bernard A. Spear

In the Matter of: Bernard A. Spear, 530 

North Firestone Lane, Placentia, California 

92870, Respondent

The Bureau of Industry and Security, 

United States Department of Commerce 

(‘‘BIS’’) having notified Bernard A. 

Spear (‘‘Spear’’) of its intention to 

initiate an administrative proceeding 

against Spear pursuant to Section 766.3 

of the Export Administration 

Regulations (currently codified at 15 

CFR parts 730–774 (2004)) 

(‘‘Regulations’’),1 and section 13(c) of 

the Export Administration Act of 1979, 

as amended (50 U.S.C. app. sections 

2401–2420 (2000)) (‘‘Act’’),2 based on 

the proposed charging letter issued to 

Spear that alleged that, during the time 

period of 1998 to 2001, Spear, as 

President of Halear, Inc., doing business 

as Preston Scientific, in his individual 

capacity committed nine violations of 

the Regulations. Specifically, the 

charges are:

1. 15 CFR 764.2(a)—Export of an 

Amplifier to India Without the Required 

Department of Commerce License: On or 

about November 30, 1998, Spear 

exported an amplifier (ECCN 3A992) 3

from the United States to an 

organization in India on BIS’ Entity 

List 4 without the Department of 

Commerce license required by Section 

744.11 of the Regulations.

2. 15 CFR 764.2(e)—Selling and 

Transferring an Item With Knowledge a 

Violation of the Regulations Would 

Occur: On or about November 30, 1998, 

Spear sold and transferred the amplifier

68308 Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 

5The term ‘‘EAR99’’ refers to items subject to the 

Regulations which are not listed on the Commerce 

Control List. See 15 CFR 734.3(c).

referenced in Paragraph One above with 

knowledge that a violation of the 

regulations would occur. Specifically, 

Spear sold and transferred the amplifier 

to an organization in India on BIS’

Entity List when Spear know that the 

required Department of Commerce 

license would not be obtained. 

3. 15 CFR 764.2(g)—False Statements 

on a Shipper’s Export Declaration 

Concerning Authority to Export: On or 

about December 1, 1998, in connection 

with the export referenced in Paragraph 

One above, Spear filed or caused to be 

filed a Shipper’s Export Declaration 

with the U.S. government for the export 

of the amplifier to an organization in 

India on BIS’ Entity List that stated it 

qualified for export from the United 

States as NLR (‘‘No License Required’’). 

This statement was false because, as 

described in Paragraph One above, a 

Department of Commerce license was 

required to export the amplifier.

4. 15 CFR 764.2(g)—False Statement 

to an Office of Export Enforcement 

Special Agent in the Course of an 

Investigation: On or about January 25, 

2001, in connection with an ongoing 

BIS, Office of Export Enforcement 

(‘‘OEE’’) investigation concerning the 

transactions referenced in Paragraph 

One above, Spear made a false statement 

to OEE investigators. Specifically, Spear 

stated to OEE investigators that the 

export of the amplifier had been made 

prior to the imposition of sanctions 

against India and Pakistan on November 

19, 1998, that gave rise to the license 

requirements in this case. This 

statement was false because the export 

was not made until after the imposition 

of the sanctions. 

5. 15 CFR 764.29a)—Export of a 

Connector Socket Without the Required 

Department of Commerce License: On or 

about February 26, 1999, Spear exported 

a connector socket (EAR99) 5 from the 

United States, through a distributor in 

India, to an organization in India on 

BIS’ Entity List without the Department 

of Commerce license required by 

Section 744.11 of the Regulations.

6. 15 CFR 764.2(e)—Selling and 

Transferring an Item With Knowledge a 

Violation of the Regulations Would 

Occur: On or about February 26, 1999, 

Spear sold and transferred the connector 

socket referenced in Paragraph Five 

above with knowledge that a violation 

of the Regulations would occur. 

Specifically, Spear sold and transferred 

the connector socket to an organization 

in India on BIS’ Entity List when Speak 

knew that the required Department of 

Commerce license would not be 

obtained. 

7. 15 CFR 764.2(a)—Export of Spare 

Part Without the Required Department 

of Commerce License: On or about July 

29, 1999, Spear exported spare parts 

(EAR99) from the United States, through 

a distributor in India, to an organization 

in India on BIS’ Entity List without 

obtaining a license from the Department 

of the Commerce as required by Section 

744.11 of the Regulations. 

8. 15 CFR 764.2(e)—Selling and 

Transferring Items With Knowledge a 

Violation of the Regulations Would 

Occur: On or about July 29, 1999, Spear 

sold and transferred the spare parts 

referenced in Paragraph Seven above 

with knowledge that a violation of the 

Regulations would occur. Specifically, 

Spear sold and transferred the spare 

parts to an organization in India on BIS’

Entity List when Speak knew that the 

required Department of Commerce 

license would not be obtained. 

9. 15 CFR 764.2(g)—False Statement 

to an Office of Export Enforcement 

Special Agent in the Course of an 

Investigation: On or about January 25, 

2001, in connection with an ongoing 

BIS, OEE investigation concerning the 

transactions referenced in Paragraphs 

Five and Seven above, Spear made a 

false statement to OEE investigators. 

Specifically, Spear stated to OEE 

investigators that he had not shipped 

any items to India since December 1998. 

This statement was false because Spear 

had exported items to India after 

December 1998, as described in 

Paragraphs Five and Seven above. 

BIS and Spear having entered into a 

Settlement Agreement pursuant to 

Section 766.18(a) of the Regulations 

whereby they agreed to settle this matter 

in accordance with the terms and 

conditions set forth therein, and the 

terms of the Settlement Agreement 

having been approved by me;

It is therefore ordered:

First, that for a period of three years 

from the date of this Order, Bernard A. 

Spear, 530 North Firestone Lane, 

Placentia, California, 92870 (‘‘Spear’’), 

and when acting for or on behalf of 

Spear, his representatives, agents, 

assigns or employees (‘‘denied person’’) 

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 

Regulations, or in any other activity 

subject to the Regulations, including, 

but not limited to: 

A. Applying for, obtaining, or using 

any license, 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 Regulations, or in any 

other activity subject to 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 Regulations, or in 

any other activity subject to the 

Regulations. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the denied person any item subject to 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the denied person of the ownership, 

possession, or control of any item 

subject to the Regulations that has been 

or will be exported from the United 

States, including financing or other 

support activities related to a 

transaction whereby the denied person 

acquires or attempts to acquire such 

ownership, possession or control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from the denied person of 

any item subject to the Regulations that 

has been exported from the United 

States; 

D. Obtain from the denied person in 

the United States any item subject to the 

Regulations with knowledge or reason 

to know that the item will be, or is 

intended to be, exported from the 

United States; or 

E. Engage in any transaction to service 

any item subject to the Regulations that 

has been or will be exported from the 

United States and which is owned, 

possessed or controlled by the denied 

person, or service any item, of whatever 

origin that is owned, possessed or 

controlled by the denied person if such 

service involves the use of any item 

subject to the Regulations that has been 

or will be exported from the United 

States. 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 Regulations, any 

person, firm, corporation, or businesses 

organization related to Spear by 

affiliation, ownership, control, or

Federal Register / Vol. 69, No. 226 / Wednesday, November 24, 2004 / Notices 68309

position of responsibility in the conduct 

of trade or related services may also be 

subject to the provisions of this Order. 

Fourth, that this Order does not 

prohibit any export, reexport, or other 

transaction subject to the Regulations 

where the only items involved that are 

subject to the Regulations are the 

foreign-produced direct product of U.S.-

origin technology. 

Fifth, that the proposed charging 

letter, the Settlement Agreement, and 

this Order shall be made available to the 

public. 

Sixth, that this Order shall be served 

on the Denied Person and on BIS, and 

shall be published in the Federal 

Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately.

Entered this 18th day of November 2004. 

Julie L. Salcido, 

Acting Deputy Assistant Secretary of 

Commerce for Export Enforcement.

[FR Doc. 04–25988 Filed 11–23–04; 8:45 am] 

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

Materials Processing Equipment 

Technical Advisory Committee; Notice 

of Open Meeting 

The materials Processing Equipment 

Technical Advisory Committee 

(MPETAC) will meet on December 16, 

2004 at 9 a.m. in Room 6087B of the 

Herbert C. Hoover Building, 14th Street 

between Pennsylvania and Constitution 

Avenues, NW., Washington, DC. The 

Committee advises the Office of the 

Assistant Secretary for Export 

Administration with respect to technical 

questions that affect the level of export 

controls applicable to materials 

processing equipment and related 

technology. 

Agenda 

1. Opening remarks and 

introductions. 

2. Presentation of papers and 

comments by the public. 

3. Discussion on proposals for 2005 

regarding 5-axis machine tools, 

coordinate measuring machines, optical 

finishing machines, and contact lens 

machines. 

4. Comments on machine tool 

licensing. The meeting will be open to 

the public and a limited number of seats 

will be available. Reservations are not 

accepted. To the extent that time 

permits, members of the public may 

present oral statements to the 

Committee. Written statements may be 

submitted at any time before or after the 

meeting. However, to facilitate 

distribution of public presentation 

materials to Committee members, the 

Committee suggests that presenters 

forward the public presentation 

materials two weeks prior to Lee Ann 

Carpenter at Lcarpent@bis.doc.gov For 

more information, please contact Ms. 

Carpenter at 202–482–2583.

Dated: November 19, 2004. 

Lee Ann Carpenter, 

Committee Liaison Officer.

[FR Doc. 04–26043 Filed 11–23–04; 8:45 am] 

BILLING CODE 3510–JT–M

DEPARTMENT OF COMMERCE

International Trade Administration 

[A–821–802] 

Agreement Suspending the 

Antidumping Investigation on Uranium 

From the Russian Federation; 

Correction to the Notice of Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

ACTION: Correction to notice of initiation 

of antidumping and countervailing duty 

administrative reviews. 

EFFECTIVE DATE: November 24, 2004.

FOR FURTHER INFORMATION CONTACT:

Sally Gannon or Jonathan Herzog, Office 

of Policy and Negotiations, Bilateral 

Agreements Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington DC 20230; 

telephone (202) 482–0162 or (202) 482–

4271, respectively. 

Background 

On November 19, 2004, the 

Department of Commerce (‘‘the 

Department’’) published in the Federal 

Register a notice of the initiation of 

antidumping and countervailing duty 

administrative reviews. See Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews, 69 FR 67701 

(November 19, 2004) (‘‘Initiation 

Notice’’). In the Initiation Notice, the 

Department inadvertently listed the 

initiation of an administrative review of 

the Agreement Suspending the 

Antidumping Investigation on Uranium 

from the Russian Federation (‘‘Russian 

uranium suspension agreement’’). See 

Initiation Notice, 69 FR at 67701. The 

Department has not initiated an 

administrative review of the Russian 

uranium suspension agreement. 

Therefore, the Initiation Notice is 

hereby corrected to reflect that the 

administrative review of the Russian 

uranium suspension agreement has not 

been initiated. 

This notice is published in 

accordance with sections 751(a) of the 

Tariff Act of 1930, as amended (19 

U.S.C. 1675(a)), and 19 CFR 

351.221(c)(1)(I).

Dated: November 22, 2004. 

Holly A. Kuga, 

Senior Office Director, Office 4 for Import 

Administration.

[FR Doc. 04–26176 Filed 11–23–04; 8:45 am] 

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–122–840]

Notice of Final Results of Antidumping 

Duty Administrative Review: Carbon 

and Certain Alloy Steel Wire Rod from 

Canada

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce.

SUMMARY: On July 20, 2004, the 

Department of Commerce (the 

Department) published the preliminary 

results of its first administrative review 

of the antidumping duty order on 

carbon and certain alloy steel wire rod 

from Canada. The review covers one 

producer of the subject merchandise. 

The period of review (POR) is April 10, 

2002, through September 30, 2003. 

Based on our analysis of comments 

received, these final results differ from 

the preliminary results. The final results 

are listed below in the Final Results of 

Review section.

EFFECTIVE DATE: November 24, 2004.

FOR FURTHER INFORMATION CONTACT:

Daniel O’Brien or David Neubacher, at 

(202) 482–1376 or (202) 482–5823, 

respectively; AD/CVD Operations, 

Office 1, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce,14th 

Street & Constitution Avenue, NW, 

Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

On July 20, 2004, the Department 

published in the Federal Register the 

preliminary results of the first 

administrative review of the 

antidumping duty order on carbon and 

certain alloy steel wire rod from Canada. 

See Notice of Preliminary Results of