Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 77155 

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 a Denied Person 

by ownership, control, position of 

responsibility, affiliation in the conduct 

of trade or business may also be made 

subject to the provisions of this Order. 

Fourth, that this Order does not 

prohibit any export, reexport, or other 

transaction subject to the EAR where the 

only items involved that are subject to 

the EAR are the foreign-produced direct 

product of U.S.-origin technology. 

In accordance with the provisions of 

Sections 766.24(e) of the EAR, Mahan 

Airways, Al Naser Airlines, Ali 

Abdullah Alhay, and/or Bahar Safwa 

General Trading 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 Sections 

766.23(c)(2) and 766.24(e)(3) of the EAR, 

Pejman Mahmood Kosarayanifard, 

Mahmoud Amini, Kerman Aviation, 

Sirjanco Trading LLC, Mahan Air 

General Trading LLC, Mehdi Bahrami, 

Sky Blue Bird Group, and/or Issam 

Shammout may, at any time, appeal 

their inclusion as a related person by 

filing a full written statement in support 

of the appeal with the Office of the 

Administrative Law Judge, U.S. Coast 

Guard ALJ Docketing Center, 40 South 

Gay Street, Baltimore, Maryland 21202– 

4022. 

In accordance with the provisions of 

Section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. A renewal 

request may be opposed by Mahan 

Airways, Al Naser Airlines, Ali 

Abdullah Alhay, and/or Bahar Safwa 

General Trading 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 Mahan Airways, Al Naser Airlines, 

Ali Abdullah Alhay, and Bahar Safwa 

General Trading and each related 

person, and shall be published in the 

Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

P. Lee Smith, 

Performing the Non-exclusive Functions and 

Duties, of the Assistant Secretary of 

Commerce for Export Enforcement. 

[FR Doc. 2020–26434 Filed 11–30–20; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 201118–0304] 

RIN 0694–XC070 

Impact of the Implementation of the 

Chemical Weapons Convention (CWC) 

on Legitimate Commercial Chemical, 

Biotechnology, and Pharmaceutical 

Activities Involving ‘‘Schedule 1’’ 

Chemicals (Including ‘‘Schedule 1’’ 

Chemicals Produced as Intermediates) 

During Calendar Year 2020 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Notice of inquiry. 

SUMMARY: The Bureau of Industry and 

Security is seeking public comments on 

the impact that implementation of the 

Chemical Weapons Convention, through 

the Chemical Weapons Convention 

Implementation Act of 1998 and the 

Chemical Weapons Convention 

Regulations, has had on commercial 

activities involving ‘‘Schedule 1’’ 

chemicals during calendar year 2020. 

The purpose of this notice of inquiry is 

to collect information to assist BIS in its 

preparation of the annual certification to 

the Congress on whether the legitimate 

commercial activities and interests of 

chemical, biotechnology, and 

pharmaceutical firms are harmed by 

such implementation. This certification 

is required under Condition 9 of Senate 

Resolution 75 (April 24, 1997), in which 

the Senate gave its advice and consent 

to the ratification of the CWC. 

DATES: Comments must be received by 

December 31, 2020. 

ADDRESSES: You may submit comments 

by any of the following methods (please 

refer to RIN 0694–XC070 in all 

comments and in the subject line of 

email comments): 

• Federal rulemaking portal (http://

www.regulations.gov). You can find this 

notice by searching under its 

regulations.gov docket number, which is 

BIS–2020–0039; 

• Email: PublicComments@

bis.doc.gov. Include RIN 0694–XC070 in 

the subject line of the message. 

All filers using the portal or email 

should use the name of the person or 

entity submitting the comments as the 

name of their files, in accordance with 

the instructions below. Parties 

submitting business confidential 

information should clearly identify the 

business confidential portion at the time 

of submission, file a statement justifying 

nondisclosure and referring to the 

specific legal authority claimed, and 

also provide a non-confidential 

submission. 

For comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC.’’ 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. The 

corresponding non-confidential version 

of those comments must be clearly 

marked ‘‘PUBLIC.’’ The file name of the 

non-confidential version should begin 

with the character ‘‘P.’’ The ‘‘BC’’ and 

‘‘P’’ should be followed by the name of 

the person or entity submitting the 

comments or rebuttal comments. Any 

submissions with file names that do not 

begin with a ‘‘P’’ or ‘‘BC’’ will be 

assumed to be public and will be made 

publicly available through http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions on the Chemical Weapons 

Convention requirements for ‘‘Schedule 

1’’ chemicals, contact Douglas Brown, 

Treaty Compliance Division, Office of 

Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Email: Douglas.Brown@bis.doc.gov. For 

questions on the submission of 

comments, contact Willard Fisher, 

Regulatory Policy Division, Office of 

Exporter Services, Bureau of Industry 

and Security, U.S. Department of 

Commerce, Email: RPD2@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In providing its advice and consent to 

the ratification of the Convention on the 

Prohibition of the Development, 

Production, Stockpiling, and Use of 

Chemical Weapons and Their 

Destruction, commonly called the 

Chemical Weapons Convention (CWC or 

‘‘the Convention’’), the Senate included, 

in Senate Resolution 75 (S. Res. 75, 

April 24, 1997), several conditions to its 

ratification. Condition 9, titled 

‘‘Protection of Advanced 

Biotechnology,’’ calls for the President 

to certify to Congress on an annual basis 

that ‘‘the legitimate commercial 

activities and interests of chemical, 

biotechnology, and pharmaceutical 


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77156 Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 

firms in the United States are not being 

significantly harmed by the limitations 

of the Convention on access to, and 

production of, those chemicals and 

toxins listed in Schedule 1.’’ On July 8, 

2004, President Bush, by Executive 

Order 13346, delegated his authority to 

make the annual certification to the 

Secretary of Commerce. 

The CWC is an international arms 

control treaty that contains certain 

verification provisions. In order to 

implement these verification provisions, 

the CWC established the Organization 

for the Prohibition of Chemical 

Weapons (OPCW). In order to achieve 

the object and purpose of the 

Convention and the implementation of 

its provisions, the CWC imposes certain 

obligations on countries that have 

ratified the Convention (i.e., States 

Parties), among which are the enactment 

of legislation to prohibit the production, 

storage, and use of chemical weapons 

and the establishment of a National 

Authority to serve as the national focal 

point for effective liaison with the 

OPCW and other States Parties. The 

CWC also requires each State Party to 

implement a comprehensive data 

declaration and inspection regime to 

provide transparency and to verify that 

both the public and private sectors of 

the State Party are not engaged in 

activities prohibited under the CWC. In 

the United States, the Chemical 

Weapons Convention Implementation 

Act of 1998, 22 U.S.C. 6701 et seq., 

implements the provisions of the CWC. 

‘‘Schedule 1’’ chemicals consist of 

those toxic chemicals and precursors set 

forth in the CWC ‘‘Annex on 

Chemicals’’ and in ‘‘Supplement No. 1 

to part 712—SCHEDULE 1 

CHEMICALS’’ of the Chemical Weapons 

Convention Regulations (CWCR) (15 

CFR parts 710–722). The CWC 

identified these toxic chemicals and 

precursors as posing a high risk to the 

object and purpose of the Convention. 

The CWC (Part VI of the ‘‘Verification 

Annex’’) restricts the production of 

‘‘Schedule 1’’ chemicals for protective 

purposes to two facilities per State 

Party: A single small-scale facility 

(SSSF) and a facility for production in 

quantities not exceeding 10 kg per year. 

The CWC Article-by-Article Analysis 

submitted to the Senate in Treaty Doc. 

103–21 defined the term ‘‘protective 

purposes’’ to mean ‘‘used for 

determining the adequacy of defense 

equipment and measures.’’ Consistent 

with this definition and as authorized 

by Presidential Decision Directive (PDD) 

70 (December 17, 1999), which specifies 

agency and departmental 

responsibilities as part of the U.S. 

implementation of the CWC, the 

Department of Defense (DOD) was 

assigned the responsibility to operate 

these two facilities. DOD maintains 

strict controls on ‘‘Schedule 1’’ 

chemicals produced at its facilities in 

order to ensure accountability for such 

chemicals, as well as their proper use, 

consistent with the object and purpose 

of the Convention. Although this 

assignment of responsibility to DOD 

under PDD–70 effectively precluded 

commercial production of ‘‘Schedule 1’’ 

chemicals for ‘‘protective purposes’’ in 

the United States, it did not establish 

any limitations on ‘‘Schedule 1’’ 

chemical activities that are not 

prohibited by the CWC. 

The provisions of the CWC that affect 

commercial activities involving 

‘‘Schedule 1’’ chemicals are 

implemented in the CWCR (see 15 CFR 

part 712) and in the Export 

Administration Regulations (EAR) (see 

15 CFR 742.18 and 15 CFR part 745), 

both of which are administered by the 

Bureau of Industry and Security (BIS). 

Pursuant to CWC requirements, the 

CWCR restrict commercial production 

of ‘‘Schedule 1’’ chemicals to research, 

medical, or pharmaceutical purposes. 

The CWCR prohibit commercial 

production of ‘‘Schedule 1’’ chemicals 

for ‘‘protective purposes’’ because such 

production is effectively precluded per 

PDD–70, as described above. See 15 CFR 

712.2(a). 

The CWCR also contain other 

requirements and prohibitions that 

apply to ‘‘Schedule 1’’ chemicals and/or 

‘‘Schedule 1’’ facilities. Specifically, the 

CWCR: 

(1) Prohibit the import of ‘‘Schedule 

1’’ chemicals from States not Party to 

the Convention (15 CFR 712.2(b)); 

(2) Require annual declarations by 

certain facilities engaged in the 

production of ‘‘Schedule 1’’ chemicals 

in excess of 100 grams aggregate per 

calendar year (i.e., declared ‘‘Schedule 

1’’ facilities) for purposes not prohibited 

by the Convention (15 CFR 712.5(a)(1) 

and (a)(2)); 

(3) Provide for government approval 

of ‘‘declared Schedule 1’’ facilities (15 

CFR 712.5(f)); 

(4) Require 200 days advance 

notification of the establishment of new 

‘‘Schedule 1’’ production facilities 

producing greater than 100 grams 

aggregate of ‘‘Schedule 1’’ chemicals per 

calendar year (15 CFR 712.4); 

(5) Provide that ‘‘declared Schedule 

1’’ facilities are subject to initial and 

routine inspection by the OPCW (15 

CFR 712.5(e) and 716.1(b)(1)); 

(6) Require advance notification and 

annual reporting of all imports and 

exports of ‘‘Schedule 1’’ chemicals to, or 

from, other States Parties to the 

Convention (15 CFR 712.6, 742.18(a)(1) 

and 745.1); and 

(7) Prohibit the export of ‘‘Schedule 

1’’ chemicals to States not Party to the 

Convention (15 CFR 742.18(a)(1) and 

(b)(1)(ii)). 

For purposes of the CWCR (see 15 

CFR 710.1), ‘‘production of a Schedule 

1 chemical’’ means the formation of 

‘‘Schedule 1’’ chemicals through 

chemical synthesis, as well as 

processing to extract and isolate 

‘‘Schedule 1’’ chemicals. The phrase 

‘‘production of a schedule 1 chemical’’ 

includes, in its meaning, the formation 

of a chemical through chemical 

reaction, including by a biochemical or 

biologically mediated reaction. 

‘‘Production of a Schedule 1 chemical’’ 

is understood, for CWCR declaration 

purposes, to include intermediates, byproducts, or waste products that are 

produced and consumed within a 

defined chemical manufacturing 

sequence, where such intermediates, byproducts, or waste products are 

chemically stable and therefore exist for 

a sufficient time to make isolation from 

the manufacturing stream possible, but 

where, under normal or design 

operating conditions, isolation does not 

occur. 

Request for Comments 

In order to assist in determining 

whether the legitimate commercial 

activities and interests of chemical, 

biotechnology, and pharmaceutical 

firms in the United States are 

significantly harmed by the limitations 

of the Convention on access to, and 

production of, ‘‘Schedule 1’’ chemicals 

as described in this notice, BIS is 

seeking public comments on any effects 

that implementation of the CWC, 

through the Chemical Weapons 

Convention Implementation Act of 1998 

and the CWCR, has had on commercial 

activities involving ‘‘Schedule 1’’ 

chemicals during calendar year 2020. To 

allow BIS to properly evaluate the 

significance of any harm to commercial 

activities involving ‘‘Schedule 1’’ 

chemicals, public comments submitted 

in response to this notice of inquiry 

should include both a quantitative and 

qualitative assessment of the impact of 

the CWC on such activities. 

Submission of Comments 

All comments must be submitted to 

one of the addresses indicated in this 

notice and in accordance with the 

instructions provided herein. BIS will 


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Federal Register / Vol. 85, No. 231 / Tuesday, December 1, 2020 / Notices 77157 

1See Certain Metal Lockers and Parts Thereof 

from the People’s Republic of China: Initiation of 

Less-Than-Fair-Value Investigation, 85 FR 47343 

(August 5, 2020). 

2The petitioners are List Industries, Inc.; Penco 

Products, Inc.; DeBourgh Manufacturing Co.; and 

Tennsco LLC (collectively, the petitioners). 

3See Petitioners’ Letter, ‘‘Certain Metal Lockers 

and Parts Thereof from the People’s Republic of 

China—Petitioners’ Request to Postpone 

Preliminary Determination,’’ dated November 20, 

2020. 

4 Id. at 2. 

1See Certain Hardwood Plywood Products from 

the People’s Republic of China: Amended Final 

Determination of Sales at Less Than Fair Value, 

and Antidumping Duty Order, 83 FR 504 (January 

4, 2018) (Order). 

2See Certain Hardwood Plywood Products from 

the People’s Republic of China: Preliminary Results 

of Antidumping Duty Administrative Review and 

Rescission of Review, In Part 2017–2018, 85 FR 

7270 (February 7, 2020) (Preliminary Results). 

3See Chengen’s Letter, ‘‘Hardwood Plywood 

Products from the People’s Republic of China: Case 

Brief,’’ dated June 29, 2020. 

4See Importers Coalition’s Letter, 

‘‘Administrative Review of the Antidumping Duty 

Order on Plywood Products from the People’s 

Continued 

consider all comments received on or 

before December 31, 2020. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2020–26437 Filed 11–30–20; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–133] 

Certain Metal Lockers and Parts 

Thereof From the People’s Republic of 

China: Postponement of Preliminary 

Determination in the Less-Than-FairValue Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable December 1, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Laurel LaCivita or Patrick Barton, AD/ 

CVD Operations, Office III, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4243 or (202) 482–0012, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 29, 2020, the Department of 

Commerce (Commerce) initiated a lessthan-fair-value (LTFV) investigation of 

imports of certain metal lockers and 

parts thereof (metal lockers) from the 

People’s Republic of China (China).1

Currently, the preliminary 

determination is due no later than 

December 16, 2020. 

Postponement of Preliminary 

Determination 

Section 733(b)(1)(A) of the Tariff Act 

of 1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in an LTFV investigation 

within 140 days after the date on which 

Commerce initiated the investigation. 

However, section 733(c)(1)(A)(b)(1) of 

the Act permits Commerce to postpone 

the preliminary determination until no 

later than 190 days after the date on 

which Commerce initiated the 

investigation if: (A) The petitioner 

makes a timely request for a 

postponement; or (B) Commerce 

concludes that the parties concerned are 

cooperating, that the investigation is 

extraordinarily complicated, and that 

additional time is necessary to make a 

preliminary determination. Under 19 

CFR 351.205(e), the petitioner must 

submit a request for postponement 25 

days or more before the scheduled date 

of the preliminary determination and 

must state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On November 20, 2020, the 

petitioners 2 submitted a timely request 

that Commerce postpone the 

preliminary determination in the LTFV 

investigation.3 The petitioners state that 

a postponement is necessary to provide 

Commerce with adequate time to collect 

and analyze questionnaire responses 

from Zhejiang Xingyi Metal Products 

Co., Ltd. (Zhejiang Xingyi) and 

Hangzhou Xline Machinery & 

Equipment Co., Ltd. (Hangzhou Xline), 

review data to identify deficiencies, and 

to fully investigate the extent to which 

Zhejiang Xingyi and Hangzhou Xline 

have engaged in less-than-fair-value 

sales of the subject merchandise based 

on a comprehensive preliminary 

record.4

For the reasons stated above and 

because there are no compelling reasons 

to deny the request, Commerce, in 

accordance with section 733(c)(1)(A) of 

the Act, is postponing the deadline for 

the preliminary determination by 50 

days (i.e., 190 days after the date on 

which this investigation was initiated). 

As a result, Commerce will issue its 

preliminary determination no later than 

February 4, 2020. In accordance with 

section 735(a)(1) of the Act and 19 CFR 

351.210(b)(1), the deadline for the final 

determination of this investigation will 

continue to be 75 days after the date of 

the preliminary determination, unless 

postponed at a later date. 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: November 24, 2020. 

Jeffrey I. Kessler, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2020–26488 Filed 11–30–20; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–051] 

Certain Hardwood Plywood Products 

From the People’s Republic of China: 

Final Results of Antidumping Duty 

Administrative Review; 2017–2018 

AGENCY: Enforcement and Compliance 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that certain 

producers and exporters of certain 

hardwood plywood products (hardwood 

plywood) from the People’s Republic of 

China (China) made sales of the subject 

merchandise at prices below normal 

value (NV) during the period of review 

(POR), June 23, 2017 through December 

31, 2018. 

DATES: Applicable December 1, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Kabir Archuletta, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2593. 

SUPPLEMENTARY INFORMATION: 

Background 

Commerce is conducting an 

administrative review of the 

antidumping duty order on hardwood 

plywood from China in accordance with 

section 751(a) of the Tariff Act of 1930, 

as amended (the Act).1 On February 7, 

2020, Commerce published in the 

Federal Register the Preliminary Results 

of this administrative review.2 On June 

29, 2020, we received case briefs from 

Linyi Chengen Import and Export Co., 

Ltd. (Chengen), the sole mandatory 

respondent in this review,3 and Canusa 

Wood Products Ltd. a/k/a Canusa Wood 

Products Limited, Richmond 

International Forest Products LLC, 

Taraca Pacific Inc., and Concannon 

Corp. (collectively, the Importers 

Coalition).4 On June 30, 2020, we 


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