18204 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 

3 ‘‘ECCN’’ refers to ‘‘Export Control Classification 

Number.’’ See Supp. 1 to 15 CFR 774. 

4The Iranian Transactions Regulations are 

currently codified in the Code of Federal 

Regulations at 31 CFR part 560 (2006). 

Charge 1 15 CFR 764.2(a)— 

Reexporting Item to Iran Without the 

Required U.S. Government 

Authorization 

On one occasion in June 2003, 

Lincoln engaged in conduct prohibited 

by the Regulations by reexporting a 

system containing specialized software 

(‘‘system’’), an item subject to the 

Regulations (ECCN 3 5D002), from the 

United Kingdom (‘‘UK’’) to Iran without 

the required U.S. Government 

authorization. Pursuant to Section 

746.7(a)(2)(ii) of the Regulations, the 

reexport of the system to Iran required 

a license from BIS. Pursuant to Section 

746.7(a)(3), in order to comply with the 

provisions of the EAR, transactions 

subject to both the EAR and the Iranian 

Transactions Regulations 4 maintained 

by the Office of Foreign Assets Control, 

U.S. Department of the Treasury 

(‘‘OFAC’’), require OFAC authorization. 

The reexport of the system to Iran 

required authorization from OFAC 

pursuant to 31 CFR. Part 560.205, and 

no such authorization was obtained. In 

failing to obtain such authorization from 

OFAC, Lincoln committed one violation 

of Section 764.2(a) of the Regulations. 

Charge 2 15 CFR 764.2(e)—Unlicensed 

Transfer of Item to Iran Knowing That 

a Violation of the Regulations Would 

Occur 

In connection with the reexport 

transaction described above, Lincoln 

transferred a system, an item subject to 

the Regulations, from the UK to Iran 

knowing that a violation of the 

Regulations would occur. At all times 

relevant thereto, Lincoln knew that the 

system required authorization from the 

U.S. Government for reexport from the 

UK to Iran and that authorization for the 

reexport would not be obtained. 

Specifically, Lincoln received 

instructions in 2002 from Buehler 

United Kingdom’s parent company, 

Buehler Limited, that items such as the 

system which contain specialized 

software could not be sold to Iran from 

any Buehler locations. He was also 

made aware that selling such items to 

Iran was barred by U.S. law. In so doing, 

Lincoln committed one violation of 

Section 764.2(e) of the Regulations. 

Whereas, BIS and Lincoln have 

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 

Whereas, I have approved the terms of 

such Settlement Agreement; 

It Is Therefore Ordered: 

First, that for a period of seven years 

from the date of entry of this Order, 

Stephen Lincoln, 21 Durrell Drive, 

Rugby, Warwickshire, England CV22 

7GW, and when acting for or on behalf 

of Lincoln, his representatives, assigns, 

or agents (‘‘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 business 

organization related to Lincoln by 

affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services may also be 

made subject to the provisions of the 

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 2nd day of April 2007. 

Darryl W. Jackson, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 07–1778 Filed 4–10–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–485–806) 

Certain Hot–Rolled Carbon Steel Flat 

Products from Romania: Final Results 

of Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On October 23, 2006, the 

Department of Commerce published the 

preliminary results of the antidumping 

duty administrative review of certain 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 18205 

hot–rolled carbon steel flat products 

from Romania. This review covers sales 

of subject merchandise made by Mittal 

Steel Galati S.A. The period of review 

is November 1, 2004, through October 

31, 2005. Based on our analysis of 

comments received, we have made a 

change to our calculations; this change 

did not result in a change to the margin 

for Mittal Steel Galati S.A. Therefore, 

these final results are the same as our 

preliminary results. The final results are 

listed below in the ‘‘Final Results of 

Review’’ section. 

EFFECTIVE DATE: April 11, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Dave Dirstine or Richard Rimlinger, AD/ 

CVD Operations, Office 5, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4033 or (202) 482–

4477, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 23, 2006, the Department 

of Commerce (the Department) 

published the preliminary results of the 

antidumping duty administrative review 

of certain hot–rolled carbon steel flat 

products from Romania (Certain Hot–

Rolled Carbon Steel Flat Products From 

Romania: Preliminary Results of the 

Antidumping Duty Administrative 

Review, 71 FR 62082 (October 23, 2006) 

(Preliminary Results)). The review 

covers one manufacturer, Mittal Steel 

Galati S.A. (MS Galati). 

We invited parties to comment on our 

preliminary results of review. MS Galati 

and one domestic interested party, 

Nucor Corporation, filed case briefs on 

January 19, 2007. MS Galati and a 

domestic interested party, United States 

Steel Corporation, filed rebuttal briefs 

on January 26, 2007. Nucor Corporation 

filed a rebuttal brief on January 29, 

2007. 

On February 26, 2007, the Department 

published in the Federal Register a 

notice extending the due date for the 

final results of the administrative review 

of the antidumping duty order on 

certain hot–rolled carbon steel flat 

products from Romania until no later 

than April 6, 2007 (Notice of Extension 

of Time Limit for the Final Results of 

Antidumping Duty Administrative 

Review: Certain Hot–Rolled Carbon 

Steel Flat Products from Romania, 72 

FR 8348 (February 26, 2007)). 

Scope of the Order 

The products covered by the order are 

certain hot–rolled carbon steel flat 

products of a rectangular shape, of a 

width of 0.5 inch or greater, neither 

clad, plated, nor coated with metal and 

whether or not painted, varnished, or 

coated with plastics or other non–

metallic substances, in coils (whether or 

not in successively superimposed 

layers), regardless of thickness, and in 

straight length, of a thickness of less 

than 4.75 mm and of a width measuring 

at least 10 times the thickness. 

Universal mill plate (i.e., flat–rolled 

products rolled on four faces or in a 

closed box pass, of a width exceeding 

150 mm, but not exceeding 1250 mm, 

and of a thickness of not less than 4.0 

mm, not in coils and without patterns 

in relief) of a thickness not less than 4.0 

mm is not included within the scope of 

this order. 

Specifically included within the 

scope of this order are vacuum 

degassed, fully stabilized (commonly 

referred to as interstitial–free (IF)) steels, 

high strength low alloy (HSLA) steels, 

and the substrate for motor lamination 

steels. IF steels are recognized as low 

carbon steels with micro–alloying levels 

of elements such as titanium or niobium 

(also commonly referred to as 

columbium), or both, added to stabilize 

carbon and nitrogen elements. HSLA 

steels are recognized as steels with 

micro–alloying levels of elements such 

as chromium, copper, niobium, 

vanadium, and molybdenum. The 

substrate for motor lamination steels 

contains micro–alloying levels of 

elements such as silicon and aluminum. 

Steel products to be included in the 

scope of this order, regardless of 

definitions in the Harmonized Tariff 

Schedule of the United States (HTSUS), 

are products in which: (i) Iron 

predominates, by weight, over each of 

the other contained elements; (ii) the 

carbon content is 2 percent or less, by 

weight; and (iii) none of the elements 

listed below exceeds the quantity, by 

weight, respectively indicated: 1.80 

percent of manganese, 2.25 percent of 

silicon, 1.00 percent of copper, 0.50 

percent of aluminum, 1.25 percent of 

chromium, 0.30 percent of cobalt, 0.40 

percent of lead, 1.25 percent of nickel, 

0.30 percent of tungsten, 0.10 percent of 

molybdenum, 0.10 percent of niobium, 

0.15 percent of vanadium or 0.15 

percent of zirconium. 

All products that meet the physical 

and chemical description provided 

above are within the scope of this order 

unless otherwise excluded. The 

following products, by way of example, 

are outside or specifically excluded 

from the scope of this order: Alloy hot–

rolled steel products in which at least 

one of the chemical elements exceeds 

those listed above (including, e.g., 

American Society for Testing and 

Materials (ASTM) specifications A543, 

A387, A514, A517, A506); Society of 

Automotive Engineers (SAE)/American 

Iron & Steel Institute (AISI) grades of 

series 2300 and higher; ball bearing 

steels, as defined in the HTSUS; tool 

steels, as defined in the HTSUS; 

silicomanganese (as defined in the 

HTSUS) or silicon electrical steel with 

a silicon level exceeding 2.25 percent; 

ASTM specifications A710 and A736; 

USS abrasion–resistant steels (USS AR 

400, USS AR 500); all products 

(proprietary or otherwise) based on an 

alloy ASTM specification (sample 

specifications: ASTM A506, A507); 

non–rectangular shapes, not in coils, 

which are the result of having been 

processed by cutting or stamping and 

which have assumed the character of 

articles or products classified outside 

chapter 72 of the HTSUS. 

The merchandise subject to this order 

is classified in the HTSUS at the 

following subheadings: 7208.10.15.00, 

7208.10.30.00, 7208.10.60.00, 

7208.25.30.00, 7208.25.60.00, 

7208.26.00.30, 7208.26.00.60, 

7208.27.00.30, 7208.27.00.60, 

7208.36.00.30, 7208.36.00.60, 

7208.37.00.30, 7208.37.00.60, 

7208.38.00.15, 7208.38.00.30, 

7208.38.00.90, 7208.39.00.15, 

7208.39.00.30, 7208.39.00.90, 

7208.40.60.30, 7208.40.60.60, 

7208.53.00.00, 7208.54.00.00, 

7208.90.00.00, 7211.14.00.90, 

7211.19.15.00, 7211.19.20.00, 

7211.19.30.00, 7211.19.45.00, 

7211.19.60.00, 7211.19.75.30, 

7211.19.75.60, and 7211.19.75.90. 

Certain hot–rolled carbon steel flat 

products covered by this order, 

including vacuum degassed fully 

stabilized, high strength low alloy, and 

the substrate for motor lamination steel, 

may also enter under the following tariff 

numbers: 7225.11.00.00, 7225.19.00.00, 

7225.30.30.50, 7225.30.70.00, 

7225.40.70.00, 7225.99.00.90, 

7226.11.10.00, 7226.11.90.30, 

7226.11.90.60, 7226.19.10.00, 

7226.19.90.00, 7226.91.50.00, 

7226.91.70.00, 7226.91.80.00, and 

7226.99.00.00. Subject merchandise 

may also enter under 7210.70.30.00, 

7210.90.90.00, 7211.14.00.30, 

7212.40.10.00, 7212.40.50.00, and 

7212.50.00.00. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the written description of the 

merchandise subject to this proceeding 

is dispositive. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs by parties to this review 

are addressed in the ‘‘Issues and 


cprice-sewell on PRODPC61 with NOTICES
18206 Federal Register / Vol. 72, No. 69 / Wednesday, April 11, 2007 / Notices 

Decision Memorandum’’ (Decision 

Memorandum) from Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration, to David M. Spooner, 

Assistant Secretary for Import 

Administration, dated April 6, 2007, 

which is hereby adopted by this notice. 

A list of the issues which the parties 

have raised and to which we have 

responded is attached to this notice as 

an appendix. Parties can find a 

complete discussion of all issues raised 

in this review and corresponding 

recommendations in this public 

memorandum which is on file in Import 

Administration’s Central Records Unit, 

Room B–099 of the main Department 

building. In addition, a complete 

version of the Decision Memorandum is 

available on the Internet at http://ia 

ita.doc.gov/frn/index.html. The paper 

copy and electronic version of the 

Decision Memorandum are identical in 

content. 

Changes Since the Preliminary Results 

Based on our analysis of comments 

received, we have made a 

methodological change to our 

calculations as reflected in our 

Preliminary Results (see Comment 2 of 

the Decision Memorandum). 

Final Results of Review 

As a result of our review, we 

determine that the following weighted–

average percentage margin exists for the 

period November 1, 2004, through 

October 31, 2005: 

Manufacturer/exporter Margin (percent) 

Mittal Steel Galati S.A. 0.00 

Assessment Rate 

The Department will determine, and 

U.S. Customs and Border Protection 

(CBP) shall assess, antidumping duties 

on all appropriate entries. We intend to 

issue appropriate assessment 

instructions directly to CBP 15 days 

after publication of these final results of 

review. In accordance with 19 CFR 

351.212(b)(1), we have calculated an 

importer–specific assessment rate. We 

will direct CBP to liquidate the 

appropriate entries at this rate. See 19 

CFR 351.212(b)(1). 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003 (68 FR 23954). This 

clarification will apply to entries of 

subject merchandise during the period 

of review produced by the company 

included in these final results of review 

for which the reviewed company did 

not know its merchandise was destined 

for the United States. In such instances, 

we will instruct CBP to liquidate 

unreviewed entries at the all–others rate 

if there is no rate for the intermediate 

company(ies) involved in the 

transaction. For a full discussion of this 

clarification, see Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003). 

Cash–Deposit Requirements 

The following deposit requirements 

will be effective for all shipments of the 

subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date of these final results of 

administrative review, as provided by 

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

as amended (the Act): (1) the cash–

deposit rate for MS Galati will be 0.00 

percent; (2) for merchandise exported by 

manufacturers or exporters not covered 

in this review but covered in a previous 

segment of this proceeding, the cash–

deposit rate will continue to be the 

company–specific rate published in the 

prior segment of the proceeding in 

which that manufacturer or exporter 

participated; (3) if the exporter is not a 

firm covered in this review or in any 

previous segment of this proceeding but 

the manufacturer is, the cash–deposit 

rate will be that established for the 

manufacturer of the merchandise in 

these final results of review or in the 

most recent segment of the proceeding 

in which that manufacturer 

participated; and (4) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash–

deposit rate will be the ‘‘All Others’’

rate made effective on June 14, 2005, 

which is 17.84 percent. See Certain Hot–

Rolled Carbon Steel Flat Products From 

Romania: Final Results of Antidumping 

Duty Administrative Review, 70 FR 

34448, 34450 (June 14, 2005). These 

deposit requirements shall remain in 

effect until further notice. 

Notification 

This notice also serves as the final 

reminder to importers of their 

responsibility under 19 CFR 351.402(f) 

to file a certificate regarding the 

reimbursement of antidumping duties 

prior to liquidation of the relevant 

entries during this review period. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and in the 

subsequent assessment of double 

antidumping duties. 

This notice also serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

return/destruction or conversion to 

judicial protective order of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3). 

Failure to comply is a violation of the 

APO. 

These final results of review are 

issued and published in accordance 

with sections 751(a)(1) and 777(i)(1) of 

the Act. 

Dated: April 4, 2007. 

Stephen J. Claeys, 

Deputy Assistant Secretary for Import 

Administration. 

Appendix 

Comment 1: Date of Sale 

Comment 2: Sales and Cost Data from 

Different Periods 

Comment 3: Calculation of Credit 

Expense 

Comment 4: Offsetting of Negative 

Margins 

[FR Doc. E7–6862 Filed 4–10–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–580–825) 

Oil Country Tubular Goods, Other 

Than Drill Pipe, from Korea: Amended 

Final Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: April 11, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Scott Lindsay or Dara Iserson, AD/CVD 

Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–0780 or (202) 482–

4052. 

SUPPLEMENTARY INFORMATION: 

Amendment to Final Results of Review 

In accordance with section 735(a) of 

the Tariff Act of 1930, as amended, (the 

Act), on March 6, 2007, the Department 

of Commerce (the Department) 

published its notice of final results of 

the administrative review of the 

antidumping duty order on oil country 

tubular goods (‘‘OCTG’’), other than 

drill pipe, from Korea for the period 

(‘‘POR’’) August 1, 2004 through July 31, 

2005. See Oil Country Tubular Goods, 

Other Than Drill Pipe, from Korea: Final 

Results of Antidumping Duty 

Administrative Review, 72 FR 9224 


cprice-sewell on PRODPC61 with NOTICES