Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 13077 

1The EAR is currently codified at 15 CFR parts 

730–774 (2011). The EAR are issued under the 

Export Administration Act of 1979, as amended (50 

U.S.C. app. §§ 2401–2420 (2000)) (‘‘EAA’’). 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)), which 

has been extended by successive presidential 

notices, the most recent being that of August 12, 

2011 (76 FR 50661 (Aug. 16, 2011)), has continued 

the Regulations in effect under the International 

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

et seq.) (‘‘IEEPA’’). 

select industries in arts, entertainment, 

and recreation sector, the survey 

produces estimates of admissions 

revenue. Beginning in March 2013, with 

the introduction of a new QSS sample, 

the QSS will also provide estimates of 

revenue for the accommodation 

subsector and estimates for interest 

income, loan fees, fees and 

commissions, financial planning and 

investment management, and net gains 

and losses from brokering for select 

finance and insurance industries. 

Firms are selected for this survey 

using a stratified design with strata 

defined by industry, tax status, and 

estimated size based on annual revenue. 

The sample consists of approximately 

18,000 firms and consists of a 

subsample of firms from the larger 

Service Annual Survey. Each quarter the 

QSS sample is updated to reflect the 

addition of new businesses and the 

removal of firms that have gone out-ofbusiness. 

The Bureau of Economic Analysis 

uses the survey results as input to its 

quarterly Gross Domestic Product (GDP) 

and GDP by industry estimates. The 

estimates provide the Federal Reserve 

Board and Council of Economic 

advisors with timely information to 

assess current economic performance. 

The Centers for Medicare and Medicaid 

Services use the QSS estimates to 

develop hospital-spending estimates for 

the National Accounts. Other 

government and private stakeholders 

also benefit from a better understanding 

of important cyclical components of our 

economy. 

II. Method of Collection 

We will collect this information by 

mail, facsimile, Internet, and a 

telephone follow-up. 

III. Data 

OMB Control Number: 0607–0907. 

Form Number: QSS–1(A), QSS–1(E), 

QSS–2(A), QSS–2(E), QSS–3(A), QSS– 

3(E), QSS–4(A), QSS–4(E), QSS–5(A), 

QSS–5(E), QSS–6(A), QSS–6(E), QSS– 

7(A), QSS–7(E), QSS–8(A), QSS–8(E), 

QSS–9(A), QSS–9(E), QSS–0(A), QSS– 

0(E), QSS1P(A), QSS1P(E), QSS4f(A), 

QSS–4f(E). 

Type of Review: Regular submission. 

Affected Public: Businesses or other 

for-profit organizations, not-for-profit 

institutions, and government hospitals. 

Estimated Number of Respondents: 

23,500. 

Estimated Time per Response: 15 

minutes: QSS–1(A), QSS–1(E), QSS– 

2(A), QSS–2(E), QSS–3(A), QSS–3(E), 

QSS–5(A), QSS–5(E), QSS–6(A), QSS– 

6(E), QSS–7(A), QSS–7(E), QSS–8(A), 

QSS–8(E), QSS–9(A), QSS–9(E), QSS– 

0(A), QSS–0(E), QSS1P(A), QSS1P(E). 

10 minutes: QSS–4(A), QSS–4(E), 

QSS4f(A), QSS–4f(E). 

Estimated Total Annual Burden 

Hours: 20,900. 

Estimated Total Annual Cost: 

$692,835. 

Respondents Obligation: Voluntary. 

Legal Authority: Title 13 U.S.C. 182. 

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: February 28, 2012. 

Glenna Mickelson, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 2012–5189 Filed 3–2–12; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Temporarily Denying Export 

Privileges 

Delfin Group USA LLC, 4950 Virginia 

Avenue, North Charleston, South Carolina 

29405. 650 Saint Regis Lane, Alpharetta, 

Georgia 30022. Marcos Baghdasarian, 4950 

Virginia Avenue, North Charleston, South 

Carolina 29405. 650 Saint Regis Lane, 

Alpharetta, Georgia 30022. Bagdel 

Corporation, 4950 Virginia Avenue, North 

Charleston, South Carolina 29405. 650 Saint 

Regis Lane, Alpharetta, Georgia 30022. Naren 

Sachanandani, P.O. Box 9645, Q4–280, 

Sharjah Airport International Free Zone, 

Sharjah, United Arab Emirates. Do-It FZC, 

P.O. Box 9645, Q4–280, Sharjah Airport 

International Free Zone, Sharjah, United 

Arab Emirates. Respondents. 

Pursuant to Section 766.24 of the 

Export Administration Regulations 

(‘‘EAR’’ or the ‘‘Regulations’’),1 the 

Bureau of Industry and Security (‘‘BIS’’), 

U.S. Department of Commerce, through 

its Office of Export Enforcement 

(‘‘OEE’’), has requested that I issue an 

Order temporarily denying, for a period 

of 180 days, the export privileges under 

the EAR of: 

1. Delfin Group USA LLC, 4950 Virginia 

Avenue, North Charleston, South 

Carolina 29405. 

650 Saint Regis Lane, Alpharetta, 

Georgia 30022. 

2. Marcos Baghdasarian, 4950 Virginia 

Avenue, North Charleston, South 

Carolina 29405. 

650 Saint Regis Lane, Alpharetta, 

Georgia 30022. 

3. Bagdel Corporation, 4950 Virginia 

Avenue, North Charleston, South 

Carolina 29405. 

650 Saint Regis Lane, Alpharetta, 

Georgia 30022. 

4. Naren Sachanandani, P.O. Box 9645, 

Q4–280, Sharjah Airport 

International Free Zone, Sharjah, 

United Arab Emirates. 

5. Do-It FZC, P.O. Box 9645, Q4–280, 

Sharjah Airport International Free 

Zone, Sharjah, United Arab 

Emirates. 

Legal Standard 

Pursuant to Section 766.24(b) of the 

Regulations, BIS may issue a TDO upon 

a showing that the order is necessary in 

the public interest to prevent an 

‘‘imminent violation’’ of the 

Regulations. 15 CFR 766.24(b)(1). ‘‘A 

violation may be ‘imminent’ either in 

time or degree of likelihood.’’ 15 CFR 

766.24(b)(3). BIS may show ‘‘either that 

a violation is about to occur, or that the 

general circumstances of the matter 

under investigation or case under 

criminal or administrative charges 

demonstrate a likelihood of future 

violations.’’ Id. As to the likelihood of 

future violations, BIS may show that 

‘‘the violation under investigation or 

charges is significant, deliberate, covert 

and/or likely to occur again, rather than 

technical or negligent [.]’’ Id. A ‘‘lack of 

information establishing the precise 

time a violation may occur does not 

preclude a finding that a violation is 

imminent, so long as there is sufficient 

reason to believe the likelihood of a 

violation.’’ Id. 


erowe on DSK2VPTVN1PROD with NOTICES
13078 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 

2 31 CFR Part 560. 

Background and Findings 

OEE has presented evidence that 

beginning in or about mid-2010, and 

continuing thereafter, Delfin Group USA 

LLC (‘‘Delfin’’) and its president, 

Markos Baghdasarian (‘‘Baghdasarian’’), 

have conspired with multiple entities 

and individuals, including entities and 

individuals located in the United Arab 

Emirates (‘‘UAE’’), to export U.S.-origin 

items subject to the Regulations from 

the United States to Iran, via 

transshipment through the UAE, 

without obtaining the required 

authorization from the U.S. 

Government. Delfin/Baghdasarian have 

used Bagdel Corporation (‘‘Bagdel’’), a 

freight forwarding company, to facilitate 

the export and attempted export of the 

items—polymers and lubricating oils or 

oil additives, including aviation engine 

lubricating oils—from the United States 

to Iran via the UAE. Baghdasarian is the 

chief executive officer of Bagdel. 

The evidence indicates that beginning 

in or about June 2010, Delfin/ 

Baghdasarian conspired with Naren 

Sachanandani (‘‘Sachanandani’’) and 

his company Do-It FZC and others to 

develop a scheme to obtain U.S.-origin 

items for Iranian customers or potential 

customers, including Pars Oil & Gas 

Company (‘‘Pars Oil’’), a subsidiary of 

the Iranian-government owned National 

Iranian Oil Company. Do-It FZC is 

located at the Sharjah Airport 

International Free Zone in the UAE. 

Pursuant to this scheme, the items 

exported by Delfin and forwarded by 

Bagdel or others would be re-labeled or 

re-packaged after they arrived in the 

UAE and transshipped on to Iran. 

Delfin/Baghdasarian have filed at 

least 17 shipper’s export declarations 

(‘‘SEDs’’) between February 3, 2011 and 

January 29, 2012, that relate to the 

export of the items in quantities valued 

in the millions of dollars in the 

aggregate and that identify Do-It FZC or 

another UAE general trading company 

as the ultimate consignee. Open source 

information indicates that 

Sachanandani is the owner of Do-It FZC, 

which is listed as the ultimate consignee 

on 15 of the 17 SEDs, and evidence also 

indicates that Do-It FZC and the other 

UAE general trading company are not 

end users of such items, especially in 

such large quantities. 

As provided in Section 746.7 of the 

Regulations, no person may export to 

Iran any item that is subject to the EAR, 

if such transaction is prohibited by the 

Iranian Transactions Regulations 

(‘‘ITR’’) 2 and has not been authorized 

by OFAC. Under Section 560.204 of the 

ITR, the exportation, reexportation, sale 

or supply, directly or indirectly, from 

the United States of any goods to Iran 

is prohibited by the ITR, including the 

exportation, reexportation, sale or 

supply of items from the United States 

to a third country, such as the UAE, 

undertaken with knowledge or reason to 

know that the items are intended for 

supply, transshipment, or reexportation, 

directly or indirectly, to Iran. OFAC 

authorization was not obtained for any 

of the export transactions at issue. The 

evidence shows that Respondents were 

aware of the prohibitions on exporting 

U.S.-origin items to Iran and developed 

a scheme to evade these prohibitions. 

When OEE sought documents from 

Delfin relating to an export transaction 

in or about late August 2011, those 

efforts were ignored by Delfin and no 

documents or other cooperation 

provided. More recently, U.S. law 

enforcement and customs agents have 

been able to administratively detain 

several recent Delfin exports or 

attempted exports at U.S. ports 

concerning which Do-It FZC was listed 

as the ultimate consignee. Additionally, 

OEE has issued redelivery orders in 

accordance with Section 758.8 of the 

Regulations for additional shipments 

that had left the United States, but had 

not reached Do-It FZC. 

These administrative measures, 

however, contain limitations and 

provide U.S. law enforcement and 

customs agents with an extremely short 

window in which to attempt to detect 

and then seek to stop a shipment once 

an SED has been filed. Moreover, 

administrative detentions by U.S. 

Customs and Border Patrol are not 

indefinite and OEE re-delivery orders 

rely on the cooperation of vessel owners 

or other carriers to turn shipments 

around and/or on foreign governments 

to timely intercept and detain 

shipments after they have arrived in 

their countries. The issuance of a TDO 

provides a more comprehensive and 

effective approach to preventing 

imminent violations before they occur, 

by giving notice to persons and 

companies in the United States and 

abroad that they should cease dealing 

with the Respondents in export 

transactions involving items subject to 

the EAR. 

OEE submits, in sum, that violations 

of the EAR are imminent as defined in 

Section 766.24 of the Regulations. I 

agree based on the evidence of 

Respondents’ deliberate, significant, and 

deceptive conduct designed to procure 

and export U.S.-origin items from the 

United States to Iran, including via 

transshipment through the UAE, 

without the required U.S. Government 

authorization. I also find that the 

conduct in this case is deliberate, 

significant, and likely to occur again 

absent the issuance of a TDO. Therefore, 

I find that a TDO naming Delfin Group 

USA LLC, Marcos Baghdasarian, Bagdel 

Corporation, Naren Sachanandani, and 

Do-It FZC is necessary, in the public 

interest, to prevent an imminent 

violation of the EAR. 

This Order is being issued on an ex 

parte basis without a hearing based 

upon BIS’s showing of an imminent 

violation. 

I. Order 

It is therefore ordered: 

First, that the Respondents, DELFIN 

GROUP USA LLC, 4950 Virginia 

Avenue, North Charleston, South 

Carolina 29405 and 650 Saint Regis 

Lane, Alpharetta Georgia 30022; 

MARCOS BAGHDASARIAN, 4950 

Virginia Avenue, North Charleston, 

South Carolina 29405 and 650 Saint 

Regis Lane, Alpharetta Georgia 30022; 

BAGDEL CORPORATION, 4950 Virginia 

Avenue, North Charleston, South 

Carolina 29405 and 650 Saint Regis 

Lane, Alpharetta Georgia 30022; NAREN 

SACHANANDANI, P.O. Box 9645, Q4– 

280, Sharjah Airport International Free 

Zone, Sharjah, United Arab Emirates; 

and DO–IT FZC, P.O. Box 9645, Q4– 

280, Sharjah Airport International Free 

Zone, Sharjah, United Arab Emirates 

and each of their successors or assigns 

and, when acting for or on behalf of any 

of the foregoing, each of their officers, 

representatives, agents or employees 

(each a ‘‘Denied Person’’ and 

collectively the ‘‘Denied Persons’’) 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 

Export Administration Regulations 

(‘‘EAR’’), or in any other activity subject 

to the EAR 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 EAR, or in any other 

activity subject to the EAR; 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 EAR, or in any 

other activity subject to the EAR. 


erowe on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Notices 13079 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of a Denied Person any item subject to 

the EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

a Denied Person of the ownership, 

possession, or control of any item 

subject to the EAR that has been or will 

be exported from the United States, 

including financing or other support 

activities related to a transaction 

whereby a 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 a Denied Person of any 

item subject to the EAR that has been 

exported from the United States; 

D. Obtain from a Denied Person in the 

United States any item subject to the 

EAR 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 EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by a Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by a Denied Person if such 

service involves the use of any item 

subject to the EAR 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 EAR, any other 

person, firm, corporation, or business 

organization related to a Denied Person 

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 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 

Section 766.24(e) of the EAR, the 

Respondents 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. 

BIS may seek renewal of this Order by 

filing a written request with the 

Assistant Secretary of Commerce for 

Export Enforcement in accordance with 

the provisions of Section 766.24(d) of 

the EAR, which currently provides that 

such a written request must be 

submitted not later than 20 days before 

the expiration date. A Respondent may 

oppose a request to renew this Order in 

accordance with Section 766.24(d), 

including by filing a written submission 

with the Assistant Secretary of 

Commerce for Export Enforcement, 

supported by appropriate evidence. Any 

opposition ordinarily must be received 

not later than seven days before the 

expiration date of the Order. 

Notice of the issuance of this Order 

shall be given to Respondents in 

accordance with Sections 766.5(b) and 

766.24(b)(5) of the Regulations. This 

Order also shall be published in the 

Federal Register. 

This Order is effective immediately and 

shall remain in effect for 180 days. 

Issued this 25th day of February 2012. 

Donald G. Salo, 

Deputy Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. 2012–5221 Filed 3–2–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–588–850] 

Certain Large Diameter Carbon and 

Alloy Seamless Standard, Line, and 

Pressure Pipe (Over 41⁄2 Inches) From 

Japan: Preliminary Results of the 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) preliminarily 

determines that JFE Steel Corporation 

(‘‘JFE’’); Nippon Steel Corporation 

(‘‘Nippon’’); NKK Tubes (‘‘NKK’’); and 

Sumitomo Metal Industries, Ltd. 

(‘‘SMI’’) made no shipments of 

merchandise subject to the antidumping 

duty order on certain large diameter 

carbon and alloy seamless standard, 

line, and pressure pipe (over 41⁄2 inches) 

from Japan during the period June 1, 

2010, through May 31, 2011. Interested 

parties are invited to comment on the 

preliminary results. 

DATES: Effective Date: March 5, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Sergio Balbontin, AD/CVD Operations, 

Office 1, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; telephone: (202) 

482–6478. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 1, 2011, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order on carbon and 

alloy seamless standard, line, and 

pressure pipe (over 41⁄2 inches) from 

Japan for the period June 1, 2010, 

through May 31, 2011. See Antidumping 

or Countervailing Duty Order, Finding, 

or Suspended Investigation; 

Opportunity To Request Administrative 

Review, 76 FR 31586 (June 1, 2011). On 

June 30, 2011, United States Steel 

Corporation (‘‘U.S. Steel’’), a domestic 

producer of the subject merchandise, 

made a timely request that the 

Department conduct an administrative 

review of JFE, Nippon, NKK, and SMI. 

On July 28, 2011, in accordance with 

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

as amended (‘‘the Act’’), the Department 

published in the Federal Register a 

notice of initiation of this antidumping 

duty administrative review. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, Requests for Revocations in 

Part and Deferral of Administrative 

Reviews, 76 FR 45227 (July 28, 2011). 

On August 4, 2011, Nippon submitted 

a letter to the Department certifying that 

it made no shipments or entries for 

consumption in the United States of 

subject merchandise during the period 

of review (‘‘POR’’). On August 31, 2011, 

the Department issued its antidumping 

duty questionnaire to JFE, NKK, and 

SMI. On September 1, 2011, September 

9, 2011 and September 19, 2011, SMI, 

NKK, and JFE, respectively, submitted 

letters to the Department certifying that 

each company made no shipments or 

entries for consumption in the United 

States of subject merchandise during the 

POR. 

Scope of the Order 

The products covered by the order are 

large diameter seamless carbon and 

alloy (other than stainless) steel 

standard, line, and pressure pipes 

produced, or equivalent, to the 

American Society for Testing and 

Materials (‘‘ASTM’’) A–53, ASTM A– 

106, ASTM A–333, ASTM A–334, 

ASTM A–589, ASTM A–795, and the 

American Petroleum Institute (‘‘API’’) 

5L specifications and meeting the 

physical parameters described below, 

regardless of application. The scope of 

the order also includes all other 

products used in standard, line, or 

pressure pipe applications and meeting 

the physical parameters described 


erowe on DSK2VPTVN1PROD with NOTICES