Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 25647 

produce up to 4.5 million units 

annually. Imported components and 

raw materials account for approximately 

35 percent of the value of inputs used 

in manufacturing. Parts and components 

that may be imported into the proposed 

subzone for manufacturing include: 

plastic tubes, pipes and hoses (3917.29); 

petroleum oils and oils from bituminous 

minerals (2710.19); carbides (2849.90); 

lubricating preparations (3403.19); 

polymides (3908.10); plastic 

monofilament (3916.90); self–adhesive 

plate, sheet, film, foils, tape and strip of 

plastics ( 3919.90); other plate, sheet, 

film, foil and strip of polymers of 

styrene (3921.11); plastic articles used 

for packing or conveyance of goods 

(3923.10, 3923.29, 3923.50, 3923.90); 

other plastic articles (3926.90); 

vulcanized rubber tubes, pipes and 

hoses (4009.11); vulcanized rubber 

conveyor or transmission belts (4010.36, 

4010.39); vulcanized rubber washers 

and seals (4016.93); other vulcanized 

rubber products (4016.99); synthetic 

twine, cordage, rope and cable 

(5607.50); articles of yarn, strip, twine, 

cordage, rope or cable (5609.50); textile 

articles and products for technical uses 

(5911.90); labels (6307.90); iron or steel 

flanges (7307.91, 7307.92); self–tapping 

screws (7318.14); screws and bolts, with 

or without washers (7318.15); nuts 

(7318.16); spring washers and lock 

washers (7318.21); non–threaded 

articles of iron or steel (7318.29); iron or 

steel helical springs (7320.90); tungsten 

articles/powders (8101.10); agriculture, 

horticulture or forestry hand tools and 

their parts (8201.90); handsaws, blades 

and their parts (8202.40); iron or steel 

flexible tubing (8307.10); spark–ignition 

internal combustion engine parts 

(8409.91); fuel, lubricating and cooling 

pumps for internal combustion piston 

engines and their parts (8413.30, 

8413.91); air and vacuum pumps and 

their parts (8414.59, 8414.90); air filters 

(8421.31); tool holders (8466.10); check 

valves and their parts (8481.30); 

pressure–reducing and thermostatically 

controlled valves (8481.80); ball 

bearings (8482.10); needle roller 

bearings (8482.40); transmission shafts, 

camshafts and crankshafts and their 

parts (8483.10); bearing housings/plain 

shaft bearings (8483.30); gears and 

gearing and other transmission 

elements, including torque converters 

(8483.40); flywheels and pulleys, 

including pulley blocks (8483.50); 

clutches and shaft couplings, including 

universal joints (8483.60); toothed 

wheels, chain sprockets and other 

transmission elements (8483.900); 

universal AC/DC motors (8501.20); 

single–phase AC motors (8501.20); 

multi–phase AC motors (8501.52); AC 

generators/alternators (8501.61); 

electrical transformers, static convertors, 

inductors and their parts (8504.33, 

8504.40); electromagnetic couplings, 

clutches and brakes (8505.20); primary 

cells and batteries (8506.80); lead–acid 

storage batteries (8507.20); spark plugs 

(8511.10); ignition coils (8511.30); 

electrical ignition or starting equipment 

parts (8511.90); microphones and 

loudspeakers (8518.30); electrical 

switches (8536.50); lamp–holders, plugs 

and sockets (8536.69, 8536.90); 

fluorescent lamps (8539.31); electrical 

conductors (8544.42, 8544.49); and, 

revolution and production counters, 

taximeters, odometers and pedometers 

(9029.10). The duty rates on the 

imported components range from duty–

free to 10.8 percent. 

This application requests authority for 

Husqvarna to conduct the 

manufacturing activity under FTZ 

procedures, which could exempt the 

company from customs duty payments 

on the imported components used in 

export production. Approximately 30 

percent of production is exported. On 

domestic sales, the company could 

choose the lower duty rate (duty–free to 

2.3 percent) that applies to the finished 

products for the imported components 

used in manufacturing. Husqvarna may 

also realize savings related to direct 

delivery and weekly customs entry 

procedures. The company would also 

realize savings on the elimination of 

duties on materials that become scrap/ 

waste during manufacturing. The 

application indicates that the FTZ–

related savings would improve the 

plant’s international competitiveness. 

In accordance with the Board’s 

regulations, Christopher Kemp of the 

FTZ staff is designated examiner to 

investigate the application and report to 

the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address listed below. The closing period 

for their receipt is July 7, 2008. Rebuttal 

comments in response to material 

submitted during the foregoing period 

may be submitted during the subsequent 

15–day period (to July 21, 2008). 

A copy of the application and 

accompanying exhibits will be available 

at each of the following addresses: U. S. 

Department of Commerce Export 

Assistance Center, 425 West Capital 

Avenue, Suite 425, Little Rock, 

Arkansas, 72201; and, Office of the 

Executive Secretary, Foreign–Trade 

Zones Board, Room 2111, U.S. 

Department of Commerce, 1401 

Constitution Avenue, NW, Washington, 

D.C. 20230. For further information 

contact Christopher Kemp at 

christopherlkemp@ita.doc.gov or (202) 

482–0862. 

Dated: April 30, 2008. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E8–10085 Filed 5–6–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Proposed Information Collection; 

Comment Request; Prior Notification 

of Exports Under License Exception 

Agriculture Commodities 

AGENCY: Bureau of Industry and 

Security. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before July 7, 2008. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6625, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Larry Hall, BIS ICB Liaison, 

(202) 482–4896, lhall@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

Section 906 of the Trade Sanctions 

Reform and Export Enhancement Act 

(TSRA) requires that exports of 

agricultural commodities, medicine or 

medical devices to Cuba are made 

pursuant to one-year licenses and that 

the requirements of one-year licenses 

shall be no more restrictive than license 

exceptions administered by the 

Department of Commerce. Exports and 

certain reexports of agricultural 

commodities are also authorized under 

License Exception AGR to Cuba. To 

meet the requirements of TSRA, BIS has 

imposed a prior notification procedure 

under License Exception Agricultural 

Commodities (AGR). The prior 


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25648 Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Notices 

notification procedure requires 

exporters to complete a form BIS–748P 

(approved under OMB Control No. 

0694–0088) and after eleven days if no 

U.S. Government agency objects, the 

exporter is free to export the items. 

II. Method of Collection 

Paper format. 

III. Data 

OMB Control Number: 0694–0123. 

Form Number(s): BIS–748P. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations; not-for-profit 

institutions. 

Estimated Number of Respondents: 

215. 

Estimated Time Per Response: 58 

minutes. 

Estimated Total Annual Burden 

Hours: 208. 

Estimated Total Annual Cost to 

Public: $0. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: May 2, 2008. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E8–10083 Filed 5–6–08; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 05–BIS–08] 

In the Matter of: Kabba & Amir 

Investments, Inc., d.b.a. International 

Freight Forwarders, 286 Attwell Drive 

#16, Toronto, ON M9W 5B2, Canada, 

Respondent; Final Decision and Order 

This matter is before me upon a 

Recommended Decision and Order 

(‘‘RDO’’) of an Administrative Law 

Judge (‘‘ALJ’’), as further described 

below. 

In a charging letter filed on June 28, 

2005, the Bureau of Industry and 

Security (‘‘BIS’’) alleged that 

Respondent Kabba & Amir Investments, 

Inc., d/b/a International Freight 

Forwarders (‘‘IFF’’), committed two 

violations of the Export Administration 

Regulations (currently codified at 15 

CFR Parts 730–774 (2008) 

(‘‘Regulations’’)), issued pursuant to the 

Export Administration Act of 1979, as 

amended (50 U.S.C. app. 2401–2420 

(2000)) (the ‘‘Act’’), 1 stemming from its 

involvement in an attempted unlicensed 

export of items subject to the 

Regulations from the United States to 

Cuba. Charge One of the charging letter 

alleged as follows: 

Charge 1 15 CFR 764.2(b)—Aiding and 

abetting an attempted violation of the 

Regulations. 

On or about June 29, 2000, IFF aided and 

abetted the doing of an act prohibited by the 

Regulations when it took possession of a 

shipment of X–Ray Film Processors, items 

subject to the Regulations, in the United 

States for export to Cuba via Canada. Under 

section 746.2 of the Regulations, a BIS export 

license was required for this shipment, but 

no such license was obtained. In aiding and 

abetting the attempted export, IFF committed 

one violation of section 764.2([b])2 of the 

Regulations. 

June 28, 2005 Charging Letter, at 1. 

On November 6, 2007, BIS filed a 

motion for summary decision against 

IFF as to Charge One. During the 

briefing of this motion, BIS withdrew 

the only other charged violation, Charge 

Two, which alleged that IFF had 

conspired to violate the Regulations. See 

§ 7663(a) of the Regulations (‘‘BIS may 

unilaterally withdraw charging letters at 

any time, by notifying the respondent 

and the administrative law judge.’’). The 

ALJ entered an order of dismissal as to 

Charge Two on January 29, 2008, 

consistent with BIS’s notice of 

withdrawal of that charge. 

On April 2, 2008, based on the record 

before him, the ALJ issued an RDO in 

which he determined that BIS was 

entitled to summary decision as to 

Charge One, finding that IFF had 

committed one violation of § 764.2(b) 

when it aided and abetted an attempted 

unlicensed export of items subject to the 

Regulations to Cuba, via Canada. The 

ALJ also recommended, following 

consideration of the record, that IFF be 

assessed a monetary penalty of 

$6,000.00 and a denial of export 

privileges for three years. The ALJ 

further recommended that the denial of 

export privileges be suspended for a 

period of three years as long as IFF pays 

the monetary penalty of $6,000.00 

within thirty days of the final Decision 

and Order and does not commit any 

further violations of the Act or 

Regulations within three years of the 

issuance of the final Decision and 

Order. 

The RDO, together with the entire 

record in this case, has been referred to 

me for final action under § 766.22 of the 

Regulations. I find that the record 

supports the ALJ’s findings of fact and 

conclusions of law. In making this 

finding, I have determined that the ALJ 

made at least an implied finding that 

IFF took constructive possession of the 

items in question when it had the items 

transported by truck to Canada, 

arranged for them to then be transported 

to Cuba by plane, and took other actions 

to effect their forwarding and the 

completion of their unlicensed export to 

Cuba. Such a finding is entirely 

consistent with Charge One of the 

charging letter and the RDO. See, e.g., 

RDO at 5–6 (making finding based on 

uncontroverted documentary exhibits 

submitted by BIS in support of its 

Motion for Summary Decision, 

including Respondent’s Answer, that 

IFF had, inter alia, agreed to forward the 

items from the United States to Cuba, 

had the items trucked to Canada, and 

arranged for their further transport by 

plane to Cuba prior to the items being 

seized by Canada Customs); RDO at 13 

(‘‘BIS established by documentary 

evidence and IFF’s admissions that 

there exists no genuine issues of 

material fact that Respondent violated 

15 CFR 764.2(b) by aiding and abetting 

in the attempted export of X–Ray film 

Processors (classified as EAR 99) from 

the United States to Cuba, via Canada 

on or about June 29, 2000.’’) 

I also find that the penalty 

recommended by the ALJ based upon 

his review of the entire record is 

appropriate, given the nature of the 

violations, the facts of this case, and the 

importance of deterring future 

unauthorized exports or attempted 

exports. 

Based on my review of the entire 

record, I affirm the findings of fact and 

conclusions of law in the RDO. 


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