Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices 9505 

1The charged violations occurred during 2002. 

The Regulations governing the violations at issue 

are found in the 2002 version of the Code of Federal 

Regulations (15 CFR Parts 730–774 (2002)). The 

2006 Regulations establish the procedures that 

apply to this matter. 

2Since August 21, 2001, the Act has been in lapse 

and the President, through Executive Order 13,222 

of August 17, 2001, 3 CFR, 2001 Comp. 783 (2002), 

as extended by the Notice of August 3, 2006 (71 FR 

44,551 (August 7, 2006)), has continued the 

Regulations in effect under the International 

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

§§ 1701–1706 (2000)). 

(‘‘Regulations’’),1 issued under the 

Export Administration Act of 1979, as 

amended (50 U.S.C. app. 2401–2420 

(2000)) (‘‘Act’’).2 In accordance with 

§ 766.7 of Regulations, BIS moved for 

the issuance of an Order of Default 

against S.P. Equipamentos as S.P. 

Equipamentos failed to file an answer to 

the allegations in the Charging Letter 

issued by BIS within the time period 

required by law. 

A. Legal Authority for Issuing an Order 

of Default 

Section 776.7 of the Regulations states 

that BIS may file a motion for an order 

of default if a respondent fails to file a 

timely answer to a charging letter. That 

section, entitled Default, provides in 

pertinent part: 

Failure of the respondent to file an answer 

within the time provided constitutes a waiver 

of the respondent’s right to appear and 

contest the allegations in the charging letter. 

In such event, the administrative law judge, 

on BIS’s motion and without further notice 

to the respondent, shall find the facts to be 

as alleged in the charging letter and render 

an initial or recommended decision 

containing findings of fact and appropriate 

conclusions of law and issue or recommend 

an order imposing appropriate sanctions. 

15 CFR 766.7 (2005). 

Pursuant to § 766.6 of the Regulations, 

a respondent must file an answer to the 

charging letter ‘‘within 30 days after 

being served with notice of the issuance 

of the charging letter * * *’’ initiating 

the proceeding. 

B. Service of the Notice of Issuance of 

Charging Letter 

In this case, BIS served notice of 

issuance of the Charging Letter in 

accordance with § 766.3(b)(1) of the 

Regulations when it sent a copy of the 

Charging Letter by registered mail to 

S.P. Equipamentos at its last known 

address on September 13, 2004. BIS 

submitted evidence that established the 

Charging letter was received by S.P. 

Equipamentos on or about September 

24, 2004. Counsel for S.P. Equipamentos 

filed a Notice of Appearance in this 

matter on February 7, 2005. To date, 

however, S.P. Equipamentos has failed 

to file an answer or otherwise file a 

response to the Charging Letter. 

Accordingly, because S.P. 

Equipamentos failed to file an answer to 

the Charging Letter within thirty (30) 

days from the time it received notice of 

issuance of the Charging Letter, as 

required by § 766.6 of the Regulations, 

the undersigned finds S.P. 

Equipamentos to be in default. 

C. Summary of Violations Charged 

The Charging Letter issued by BIS 

included a total of two (2) charges. 

Specifically, the Charging letter alleged 

that on one occasion, on or about 

February 25, 2002, S.P. Equipamentos 

engaged in conduct prohibited by the 

Regulations by transferring one thermal 

imaging camera classified under Export 

Control Classification Number 

(‘‘ECCN’’) 6A003.b.4 to State Secretariet 

of Civil Defense (Military Police of the 

State of Rio de Janeiro) in violation of 

condition 4 of license D274828, which 

forbade the resale, reexport, or transfer 

of the thermal imaging camera to any 

party other than that listed on the 

license without the prior approval of the 

United States Government. In 

transferring the thermal imaging camera 

to a non-approved end-user without 

prior U.S. Government authorization, 

S.P. Equipamentos committed one 

violation of § 764.2(a) of the 

Regulations. (Charge 1). 

The Charging Letter further alleged 

that S.P. Equipamentos sold one thermal 

imaging camera classified under ECCN 

6A003.b.4 to the State Secretariet of 

Civil Defense (Military Police of the 

State of Rio de Janeiro) with the 

knowledge that doing so was a violation 

of condition 4 license D274828, which 

forbade the resale, reexport, or transfer 

of the thermal imaging camera to any 

party other than that listed on the 

license without the prior approval of the 

United States Government. In 

transferring the thermal imaging camera 

with such knowledge, S.P. 

Equipamentos committed one violation 

of § 764.2(e) of the Regulations. 

D. Penalty Recommendation 

[REDACTED SECTION] 

E. Conclusion 

Accordingly, I am referring this 

Recommended Decision and Order to 

the Under Secretary of Commerce for 

Industry and Security for review and 

final action for the agency, without 

further notice to the Respondent, as 

provided in § 766.7 of the Regulations. 

Within thirty (30) days after receipt of 

this Recommended Decision and Order, 

the Under Secretary shall issue a written 

order affirming, modifying, or vacating 

the Recommended Decision and Order. 

See 15 CFR 766.22(c). 

Dated: January 31, 2007. 

The Honorable Joseph N. Ingolia, 

Chief Administrative Law Judge. 

CERTIFICATE OF SERVICE 

I hereby certify that I have served the 

foregoing RECOMMENDED DECISION 

AND ORDER by First Class Mail, 

Postage Prepaid to the following person: 

Peter R. Klason, Esq., Office of Chief 

Counsel for Industry and Security, 

U.S. Department of Commerce, Room 

H–3839, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230, 

Telephone: (202) 482–5301, 

Facsimile: (202) 482–0085. 

Jenny L. Collins, 

Hearing Docket Clerk. 

Done and dated this 2nd day of February, 

2007, Baltimore, Maryland. 

[FR Doc. 07–949 Filed 3–1–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

FOR FURTHER INFORMATION CONTACT: 

Sheila E. Forbes, Office of AD/CVD 

Operations, Customs Unit, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230, 

telephone: (202) 482–4697. 

Background 

Each year during the anniversary 

month of the publication of an 

antidumping or countervailing duty 

order, finding, or suspension of 

investigation, an interested party, as 

defined in section 771(9) of the Tariff 

Act of 1930, as amended (the Act), may 

request, in accordance with section 

351.213(2004) of the Department of 

Commerce (the Department) 

Regulations, that the Department 

conduct an administrative review of that 

antidumping or countervailing duty 

order, finding, or suspended 

investigation. 


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9506 Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices 

1Or the next business day, if the deadline falls 

on a weekend, Federal holiday or any other day 

when the Department is closed. 

2 In the opportunity notice that published on 

February 2, 2007 (72 FR 5007), the review period 

for the above referenced case was incorrect. The 

period listed above is the correct period of review 

for this case. 

3 If the review request involves a non-market 

economy and the parties subject to the review 

request do not qualify for separate rates, all other 

exporters of subject merchandise from the nonmarket economy country who do not have a 

separate rate will be covered by the review as part 

of the single entity of which the named firms are 

a part. 

Opportunity to Request a Review: Not 

later than the last day of March 20071, 

interested parties may request 

administrative review of the following 

orders, findings, or suspended 

investigations, with anniversary dates in 

March for the following periods: 

Period 

Antidumping Duty Proceeding 

Brazil: 

Certain Hot-Rolled Carbon Steel Flat Products, A–351–828 .............................................................................................. 3/1/06—2/28/07 

Orange Juice, A–351–840 .................................................................................................................................................... 8/24/05–2/28/07 

Canada: 

Iron Construction Castings, A–122–503 .............................................................................................................................. 3/1/06–2/28/07 

Ecuador: 

Frozen Warmwater Shrimp,2 A–331–802 ............................................................................................................................ 2/1/06–1/31/07 

France: 

Brass Sheet & Strip, A–427–602 ......................................................................................................................................... 3/1/06–2/28/07 

Stainless Steel Bar, A–427–820 .......................................................................................................................................... 3/1/06–2/28/07 

Germany: 

Brass Sheet & Strip, A–428–602 ......................................................................................................................................... 3/1/06–2/28/07 

Stainless Steel Bar, A–428–830 .......................................................................................................................................... 3/1/06–2/28/07 

India: 

Sulfanilic Acid, A–533–806 ................................................................................................................................................... 3/1/06–2/28/07 

Italy: 

Brass Sheet & Strip, A–475–601 ......................................................................................................................................... 3/1/06–2/28/07 

Stainless Steel Bar, A–475–829 .......................................................................................................................................... 3/1/06–2/28/07 

Japan: 

Stainless Steel Butt-Weld Pipe Fittings, A–588–702 ........................................................................................................... 3/1/06–2/28/07 

Republic of Korea: 

Stainless Steel Bar, A–580–847 .......................................................................................................................................... 3/1/06–2/28/07 

Russia: 

Silicon Metal, A–821–817 ..................................................................................................................................................... 3/1/06–2/28/07 

Spain: 

Stainless Steel Bar, A–469–805 .......................................................................................................................................... 3/1/06–2/28/07 

Taiwan: 

Light-Walled Welded Rectangular Carbon Steel Tubing, A–583–803 ................................................................................. 3/1/06–2/28/07 

Thailand: 

Circular Welded Carbon Steel Pipes & Tubes, A–549–502 ................................................................................................ 3/1/06–2/28/07 

The People’s Republic of China: 

Chloropicrin, A–570–002 ...................................................................................................................................................... 3/1/06–2/28/07 

Glycine, A–570–836 ............................................................................................................................................................. 3/1/06–2/28/07 

Tissue Paper Products, A–570–894 .................................................................................................................................... 3/1/06–2/28/07 

United Kingdom: 

Stainless Steel Bar, A–412–822 .......................................................................................................................................... 3/1/06–2/28/07 

Countervailing Duty Proceeding 

India: 

Sulfanilic Acid, C–533–807 .................................................................................................................................................. 1/1/06–12/31/06 

Iran: 

In-Shell Pistachios Nuts, C–507–501 ................................................................................................................................... 1/1/06–12/31/06 

Italy: 

Stainless Steel Bar, C–475–830 .......................................................................................................................................... 1/1/06–12/31/06 

Turkey: Welded Carbon Steel Pipes and Tubes, C–489–502 .................................................................................................... 1/1/06–12/31/06 

Suspension Agreements 

None. 

In accordance with section 351.213(b) 

of the regulations, an interested party as 

defined by section 771(9) of the Act may 

request in writing that the Secretary 

conduct an administrative review. For 

both antidumping and countervailing 

duty reviews, the interested party must 

specify the individual producers or 

exporters covered by an antidumping 

finding or an antidumping or 

countervailing duty order or suspension 

agreement for which it is requesting a 

review, and the requesting party must 

state why it desires the Secretary to 

review those particular producers or 

exporters3. If the interested party 

intends for the Secretary to review sales 

of merchandise by an exporter (or a 

producer if that producer also exports 

merchandise from other suppliers) 

which were produced in more than one 

country of origin and each country of 

origin is subject to a separate order, then 

the interested party must state 

specifically, on an order-by-order basis, 

which exporter(s) the request is 

intended to cover. 

Please note that, for any party the 

Department was unable to locate in 

prior segments, the Department will not 

accept a request for an administrative 

review of that party absent new 

information as to the party’s location. 

Moreover, if the interested party who 

files a request for review is unable to 

locate the producer or exporter for 

which it requested the review, the 


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Federal Register / Vol. 72, No. 41 / Friday, March 2, 2007 / Notices 9507 

interested party must provide an 

explanation of the attempts it made to 

locate the producer or exporter at the 

same time it files its request for review, 

in order for the Secretary to determine 

if the interested party’s attempts were 

reasonable, pursuant to 19 CFR 

351.303(f)(3)(ii). 

As explained in Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003), the Department 

has clarified its practice with respect to 

the collection of final antidumping 

duties on imports of merchandise where 

intermediate firms are involved. The 

public should be aware of this 

clarification in determining whether to 

request an administrative review of 

merchandise subject to antidumping 

findings and orders. See also the Import 

Administration Web site at http:// 

ia.ita.doc.gov. 

Six copies of the request should be 

submitted to the Assistant Secretary for 

Import Administration, International 

Trade Administration, Room 1870, U.S. 

Department of Commerce, 14th Street & 

Constitution Avenue, NW., Washington, 

DC 20230. The Department also asks 

parties to serve a copy of their requests 

to the Office of Antidumping/ 

Countervailing Operations, Attention: 

Sheila Forbes, in room 3065 of the main 

Commerce Building. Further, in 

accordance with section 351.303(f)(l)(i) 

of the regulations, a copy of each 

request must be served on every party 

on the Department’s service list. 

The Department will publish in the 

Federal Register a notice of ‘‘Initiation 

of Administrative Review of 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation’’ for requests received by 

the last day of March 2007. If the 

Department does not receive, by the last 

day of March 2007, a request for review 

of entries covered by an order, finding, 

or suspended investigation listed in this 

notice and for the period identified 

above, the Department will instruct the 

U.S.Customs and Border Protection to 

assess antidumping or countervailing 

duties on those entries at a rate equal to 

the cash deposit of (or bond for) 

estimated antidumping or 

countervailing duties required on those 

entries at the time of entry, or 

withdrawal from warehouse, for 

consumption and to continue to collect 

the cash deposit previously ordered. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: February 22, 2007. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E7–3688 Filed 3–1–07; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Advance Notification of 

Sunset Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice of Upcoming Sunset 

Reviews 

Background 

Every five years, pursuant to section 

751(c) of the Tariff Act of 1930, as 

amended, the Department of Commerce 

(‘‘the Department’’) and the 

International Trade Commission 

automatically initiate and conduct a 

review to determine whether revocation 

of a countervailing or antidumping duty 

order or termination of an investigation 

suspended under section 704 or 734 

would be likely to lead to continuation 

or recurrence of dumping or a 

countervailable subsidy (as the case may 

be) and of material injury. 

Upcoming Sunset Reviews for April 

2007 

The following Sunset Review is 

scheduled for initiation in April 2007 

and will appear in that month’s Notice 

of Initiation of Five-year Sunset 

Reviews. 

Antidumping Duty Proceedings Department Contact 

Silicomanganese from India (A–533–823) .......................................................................................... Dana Mermelstein (202) 482–1391 

Silicomanganese from Kazakhstan (A–834–807) ............................................................................... Dana Mermelstein (202) 482–1391 

Silicomanganese from Venezuela (A–307–820) ................................................................................. Dana Mermelstein (202) 482–1391 

Countervailing Duty Proceedings 

No countervailing duty orders are 

scheduled for initiation in April 2007 

Suspended Investigations 

No suspended investigations are 

scheduled for initiation in April 2007. 

The Department’s procedures for the 

conduct of Sunset Reviews are set forth 

in 19 CFR 351.218. Guidance on 

methodological or analytical issues 

relevant to the Department’s conduct of 

Sunset Reviews is set forth in the 

Department’s Policy Bulletin 98.3-- 

Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of 

Antidumping and Countervailing Duty 

Orders; Policy Bulletin, 63 FR 18871 

(April 16, 1998) (‘‘Sunset Policy 

Bulletin’’). The Notice of Initiation of 

Five-year (‘‘Sunset’’) Reviews provides 

further information regarding what is 

required of all parties to participate in 

Sunset Reviews. 

Pursuant to 19 CFR 351.103(c), the 

Department will maintain and make 

available a service list for these 

proceedings. To facilitate the timely 

preparation of the service list(s), it is 

requested that those seeking recognition 

as interested parties to a proceeding 

contact the Department in writing 

within 15 days of the publication of the 

Notice of Initition. 

Please note that if the Department 

receives a Notice of Intent to Participate 

from a member of the domestic industry 

within 15 days of the date of initiation, 

the review will continue. Thereafter, 

any interested party wishing to 

participate in the Sunset Review must 

provide substantive comments in 

response to the notice of initiation no 

later than 30 days after the date of 

initiation. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: February 22, 2007. 

Stephen J. Claeys, 

Deputy Assistant Secretaryfor Import 

Administration. 

[FR Doc. E7–3691 Filed 3–1–07; 8:45 am] 

BILLING CODE 3510–DS–S 


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