Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 4901 

1On August 13, 2018, the President signed into 

law the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019, which 

includes the Export Control Reform Act of 2018, 50 

U.S.C. 4801–4852 (‘‘ECRA’’). While section 1766 of 

ECRA repeals the provisions of the Export 

Administration Act, 50 U.S.C. App. section 2401 et 

seq. (‘‘EAA’’), (except for three sections which are 

inapplicable here), section 1768 of ECRA provides, 

in pertinent part, that all orders, rules, regulations, 

and other forms of administrative action that were 

made or issued under the EAA, including as 

continued in effect pursuant to the International 

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

et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s 

date of enactment (August 13, 2018), shall continue 

in effect according to their terms until modified, 

superseded, set aside, or revoked through action 

undertaken pursuant to the authority provided 

under ECRA. Moreover, section 1761(a)(5) of ECRA 

authorizes the issuance of temporary denial orders. 

50 U.S.C. 4820(a)(5). 

2The TDO was published in the Federal Register 

on August 5, 2022. See 87 FR 47964 (August 5, 

2022). 

3Section 766.24(d) provides that BIS may seek 

renewal of a temporary denial order for additional 

180-day renewal periods, if it believes that renewal 

is necessary in the public interest to prevent an 

imminent violation. Renewal requests are to be 

made in writing no later than 20 days before the 

scheduled expiration date of a temporary denial 

order. 

4The January 26, 2023 renewal order was 

published in the Federal Register on January 31, 

2023. See 88 FR 6231 (January 31, 2023). 

5The July 25, 2023 renewal order was published 

in the Federal Register on July 28 2023. See 88 FR 

48789 (July 28, 2023). 

DATES: January 29, 2024; 3 p.m. to 4 

p.m. Eastern Daylight Time (EDT). 

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5ed17d43b4b. 

Meeting Number: 2822 733 4965. 

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FOR FURTHER INFORMATION CONTACT: 

General information: Jennifer Watts, 

(571) 665–6178, Jennifer.Watts@

FirstNet.gov. 

Media inquiries: Ryan Oremland, 

(571) 665–6186, Ryan.Oremland@

FirstNet.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The Middle-Class Tax 

Relief and Job Creation Act of 2012 

(codified at 47 U.S.C. 1401 et seq.) (Act) 

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Dated: January 19, 2024. 

Jennifer Watts, 

Board Secretary, First Responder Network 

Authority. 

[FR Doc. 2024–01405 Filed 1–24–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Renewing Temporary Denial of 

Export Privileges 

Empresa de Transporte Ae ́reocargo del 

Sur, S.A., a/k/a Aerocargo del Sur 

Transportation Company, a/k/a 

EMTRASUR, Avenida Intercomunal, 

Edificio Sede, Sector 6.3, Maiquetia, 

Distrito Federal, Venezuela, Avenida 

Lecuna Torre Oeste Piso 49, 

Libertador Caracas, Venezuela 

Pursuant to section 766.24 of the 

Export Administration Regulations, 15 

CFR parts 730 through 774 (2023) 

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

grant the request of the Bureau of 

Industry and Security (‘‘BIS’’), U.S. 

Department of Commerce, through its 

Office of Export Enforcement (‘‘OEE’’), 

to renew the temporary denial order 

(‘‘TDO’’) issued in this matter on July 

25, 2023. I find that renewal of this 

order is necessary in the public interest 

to prevent an imminent violation of the 

Regulations. 

I. Procedural History 

On August 2, 2022, I signed an order 

denying the export privileges of 

Venezuela-based cargo airline Empresa 

de Transporte Ae ́reocargo del Sur, S.A., 

a/k/a Aerocargo del Sur Transportation 

Company, a/k/a EMTRASUR 

(‘‘EMTRASUR’’) for a period of 180 days 

on the ground that issuance of the order 

was necessary in the public interest to 

prevent an imminent violation of the 

Regulations. The order was issued ex 

parte pursuant to section 766.24(a) of 

the Regulations and was effective upon 

issuance.2 This temporary denial order 

was subsequently renewed in 

accordance with section 766.24(d) of the 

Regulations.3 The renewal order issued 

on January 26, 2023 and was effective 

upon issuance.4 A second renewal order 

issued on July 25, 2025 and was also 

effective upon issuance.5

On December 22, 2023, BIS, through 

OEE, submitted a written request for 

renewal of the TDO that issued on July 

25, 2023. The written request was made 

more than 20 days before the TDO’s 

scheduled expiration. A copy of the 

renewal request was sent to EMTRASUR 

in accordance with sections 766.5 and 

766.24(d) of the Regulations. No 

opposition to the renewal of the TDO 

has been received. 

II. Renewal of the TDO 

A. Legal Standard 

Pursuant to section 766.24, BIS may 

issue an order temporarily denying a 

respondent’s export privileges upon a 

showing that the order is necessary in 

the public interest to prevent an 

‘‘imminent violation’’ of the 

Regulations, or any order, license or 

authorization issued thereunder. 15 CFR 

766.24(b)(1) and 766.24(d). ‘‘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 charge 

‘‘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 


khammond on DSKJM1Z7X2PROD with NOTICES
4902 Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 

6See https://home.treasury.gov/news/pressreleases/sm903. 

7Mahan Air’s status as a denied person was most 

recently renewed by BIS through a TDO issued on 

May 5, 2023. See 88 FR 30078 (May 10, 2023). The 

May 5, 2023 renewal order summarizes the initial 

TDO issued against Mahan in March 2008 and the 

other renewal orders issued prior to May 5, 2023. 

See id. 

8Publicly available flight tracking information 

demonstrates, for instance, that EMTRASUR 

operated MSN 23413 on multiple flights between 

Caracas, Venezuela and Tehran, Iran between 

February 19, 2022 and May 25, 2022. In addition, 

EMTRASUR operated MSN 23413 on flights 

between Tehran, Iran and Moscow, Russia on May 

24, 2022 and May 25, 2022. 

9Section 736.2(b)(10) of the EAR provides: 

General Prohibition Ten—Proceeding with 

transactions with knowledge that a violation has 

occurred or is about to occur (Knowledge Violation 

to Occur). You may not sell, transfer, export, 

reexport, finance, order, buy, remove, conceal, 

store, use, loan, dispose of, transport, forward, or 

otherwise service, in whole or in part, any item 

subject to the EAR and exported or to be exported 

with knowledge that a violation of the Export 

Administration Regulations, the Export 

Administration Act or any order, license, License 

Exception, or other authorization issued thereunder 

has occurred, is about to occur, or is intended to 

occur in connection with the item. Nor may you 

rely upon any license or License Exception after 

notice to you of the suspension or revocation of that 

license or exception. There are no License 

Exceptions to this General Prohibition Ten in part 

740 of the EAR. 

10https://www.msn.com/en-us/news/world/ 

argentina-surrenders-emtrasur-747-aircraft-to-theus/ar-AA1mE3uV. 

imminent, so long as there is sufficient 

reason to believe the likelihood of a 

violation.’’ Id. 

B. The TDO and BIS’s Request for 

Renewal 

OEE’s request for renewal is based 

upon the facts underlying the issuance 

of the initial TDO and evidence 

developed during this investigation, 

which demonstrate continued disregard 

for U.S. export controls and the terms of 

a preexisting TDO. As noted in OEE’s 

initial request for a temporary denial 

order, EMTRASUR is a subsidiary of 

Consorcio Venezolano de Industrias 

Aeronauticas Y Servicios Aereos, S.A., 

a/k/a CONVIASA (‘‘CONVIASA’’), a 

Venezuelan state-owned airline. On or 

about February 7, 2020, U.S. 

Department of the Treasury’s Office of 

Foreign Assets Control (‘‘OFAC’’) added 

CONVIASA to the list of Specially 

Designated Nationals (‘‘SDN’’) pursuant 

to Executive Order (E.O.) 13884.6

The initial TDO, issued on August 2, 

2022, was based on evidence that 

EMTRASUR engaged in conduct 

prohibited by a TDO that had been 

previously issued against Iranian airline 

Mahan Air a/k/a Mahan Airlines a/k/a 

Mahan Airways (‘‘Mahan Air’’) and the 

Regulations when EMTRASUR, through 

its parent company, acquired custody 

and/or control from Mahan Air of a U.Sorigin Boeing 747 aircraft bearing 

manufacturer’s serial number 23413 

(‘‘MSN 23413’’), an item subject to the 

EAR and classified under ECCN 9A991, 

in or around October 2021.7

Moreover, the initial TDO, issued on 

August 2, 2022, was also based on 

evidence that EMTRASUR had 

continued to use MSN 23413 on flights 

into Iran and Russia in violation of 

General Prohibition 10, which (among 

other restrictions) prohibits the 

continued use of an item that was 

known to have been exported or 

reexported in violation of the EAR.8 See 

General Prohibition 10 of the EAR at 15 

CFR 736.2(b)(10). There are no license 

exceptions available for this General 

Prohibition.9 As also noted in OEE’s 

initial request, MSN 23413 was detained 

by Argentinian authorities on or about 

June 8, 2022, where it presently 

remains. On or about August 2, 2022, 

the United States Department of Justice 

transmitted a request to Argentinian 

authorities for the seizure of MSN 23413 

following the unsealing of a seizure 

warrant in the U.S. District Court for the 

District of Columbia. 

The January 26, 2023 and July 2023 

renewal orders outlined evidence 

demonstrating that EMTRASUR’s 

acquisition of MSN 23413 from Mahan 

Air was in violation of the TDO 

previously issued against Mahan Air as 

well as evidence that certain of MSN 

23413’s parts, including spare parts 

which appear to be U.S-origin, bear the 

markings and logos of Mahan and/or 

CONVIASA. Accordingly, any attempts 

by EMTRASUR to operate the aircraft or 

to return it to Venezuela, as well as any 

efforts EMTRASUR may take to 

maintain it, would violate General 

Prohibition 10. 

Moreover, as detailed in the January 

26, 2023 and July 25, 2023 renewal 

orders, BIS’s investigation indicates that 

Venezuelan parties took affirmative 

actions to secure the release of the 

aircraft from its detention in Argentina, 

even after the issuance of the August 2, 

2022, TDO against EMTRASUR. BIS 

also offered evidence that on May 3, 

2023, United States District Judge 

Randolph D. Moss of the United States 

District Court for the District of 

Columbia issued a final order of 

forfeiture as to the aircraft, vesting all 

rights to MSN 23413 with the United 

States. See United States v. Boeing 747– 

300 Aircraft, No. 1:22–cv–3208, Dkt. 11 

(D.D.C. May 3, 2023). Most recently, on 

or about January 4, 2024, a federal judge 

in Argentina issued an order for the 

aircraft at to be released to the United 

States Government.10 Notwithstanding 

this order, however, the aircraft 

physically remains in Argentina and has 

not yet been recovered by the United 

States government. 

Based upon the violations by 

EMTRASUR, its disregard for the 

Regulations and the previously issued 

TDO against Mahan Air, and the 

attempts by the Venezuelan government 

to reacquire control of MSN 23413, 

there are concerns of future violations of 

the EAR. These concerns are heightened 

because any subsequent actions taken 

with regard to MSN 23413 for or on 

behalf of EMTRASUR would violate the 

EAR, including, but not limited to, its 

refueling, maintenance, repair, or the 

provision of spare parts or services. 

III. Findings 

Under the applicable standard set 

forth in section 766.24 of the 

Regulations and my review of the entire 

record, I find that the evidence 

presented by BIS convincingly 

demonstrates that EMTRASUR has 

acted in violation of the Regulations and 

the TDO; that such violations have been 

significant, deliberate and covert; and 

that given the foregoing and the nature 

of the matters under investigation, there 

is a likelihood of imminent violations. 

Therefore, renewal of the TDO is 

necessary in the public interest to 

prevent imminent violation of the 

Regulations and to give notice to 

companies and individuals in the 

United States and abroad that they 

should avoid dealing with EMTRASUR 

in connection with export and reexport 

transactions involving items subject to 

the Regulations and in connection with 

any other activity subject to the 

Regulations. 

IV. Order 

It is therefore ordered: First, Empresa 

de Transporte Ae ́reocargo del Sur, S.A., 

a/k/a Aerocargo del Sur Transportation 

Company, a/k/a EMTRASUR, Avenida 

Intercomunal, Edificio Sede, Sector 6.3, 

Maiquetia, Distrito Federal, Venezuela, 

and Avenida Lecuna Torre Oeste Piso 

49, Libertador, Caracas, Venezuela, and 

when acting for or on its behalf, any 

successors or assigns, agents, or 

employees 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 EAR, 

or in any other activity subject to the 

EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license (except directly related to 

safety of flight), license exception, or 

export control document; 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 89, No. 17 / Thursday, January 25, 2024 / Notices 4903 

1See Polyester Textured Yarn from India and the 

People’s Republic of China: Amended Final 

Antidumping Duty Determination for India and 

Antidumping Duty Orders, 85 FR 1298 (January 10, 

2020) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

to Request Administrative Review and Join Annual 

Inquiry Service List, 88 FR 45 (January 3, 2023). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

15642, 15649 (March 14, 2023). We have 

preliminarily determined that Reliance and its 

affiliate, Alok Industries Limited (AIL), should be 

collapsed and treated as a single entity, Reliance/ 

AIL. See Memorandum, ‘‘Decision Memorandum 

for Preliminary Results of Antidumping Duty 

Administrative Review: Polyester Textured Yarn 

from India; 2022,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum), at the section entitled, 

‘‘Affiliation and Single Entity Treatment.’’ 

4See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Antidumping Duty 

Administrative Review, dated September 11, 2023. 

5See Preliminary Decision Memorandum. 

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 except directly 

related to safety of flight and authorized 

by BIS pursuant to section 764.3(a)(2) of 

the Regulations, or engaging in any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of 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 EAR, or from any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of EMTRASUR 

any item subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

EMTRASUR 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 EMTRASUR acquires or 

attempts to acquire such ownership, 

possession or control except directly 

related to safety of flight and authorized 

by BIS pursuant to section 764.3(a)(2) of 

the Regulations; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from EMTRASUR of any 

item subject to the EAR that has been 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations; 

D. Obtain from EMTRASUR 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 

except directly related to safety of flight 

and authorized by BIS pursuant to 

section 764.3(a)(2) of the Regulations; 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 EMTRASUR, 

or service any item, of whatever origin, 

that is owned, possessed or controlled 

by EMTRASUR if such service involves 

the use of any item subject to the EAR 

that has been or will be exported from 

the United States except directly related 

to safety of flight and authorized by BIS 

pursuant to section 764.3(a)(2) of the 

Regulations. 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 EMTRASUR by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order. 

In accordance with the provisions of 

sections 766.24(e) of the EAR, 

EMTRASUR 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 

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 EMTRASUR 

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 EMTRASUR and shall be published 

in the Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Dated: January 21, 2024. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2024–01411 Filed 1–24–24; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–533–885] 

Polyester Textured Yarn From India: 

Preliminary Results of Antidumping 

Duty Administrative Review; 2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that polyester textured yarn 

(yarn) from India was not sold in the 

United States at less than normal value 

(NV) during the period of review (POR) 

January 1, 2022, through December 31, 

2022. We invite interested parties to 

comment on these preliminary results of 

review. 

DATES: Applicable January 25, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Samantha Kinney, AD/CVD Operations, 

Office II, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–2285. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 10, 2020, Commerce 

published in the Federal Register the 

antidumping duty (AD) order on 

polyester textured yarn from India.1 On 

January 3, 2023, Commerce published in 

the Federal Register a notice of 

opportunity to request an administrative 

review of the Order.2 On March 14, 

2023, based on a timely request for 

review, in accordance with 19 CFR 

351.221(c)(1)(i), Commerce initiated an 

AD administrative review of the Order, 

covering one producer/exporter, 

Reliance Industries Limited (Reliance).3

Pursuant to section 751(a)(3)(A) of the 

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

on September 11, 2023, Commerce 

extended the deadline for the 

preliminary results of this review until 

January 31, 2024.4 For a complete 

description of the events that followed 

the initiation of this review, see the 

Preliminary Decision Memorandum.5

Scope of the Order 

The merchandise covered by the 

Order is polyester textured yarn from 


khammond on DSKJM1Z7X2PROD with NOTICES