49910 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices 

1The violations charged occurred during 1999. 

The Regulations governing the violations at issue 

are found in the 1999 version of the Code of Federal 

Regulations (15 CFR parts 730–774 (1999)). The 

2005 Regulations establish the procedures that 

apply to this matter.

2From August 21, 1994 through November 12, 

2000, the Act was in lapse. During that period, the 

President, through Executive Order 12924, which 

had been extended by successive Presidential 

Notices, the last of which was August 3, 2000 (3 

CFR, 2000 Comp. 397 (2001)), continued the 

Regulations in effect under the International 

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

1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the 

Act was reauthorized and it remained in effect 

through August 20, 2001. 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)), as extended by the Notice 

of August 6, 2004 (69 FR 48763, August 10, 2004), 

has continued the Regulations in effect under the 

IEEPA.

LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD JULY 16, 2005–AUGUST 19, 2005—

Continued

Firm name Address 

Date

petition

accepted 

Product 

Rolco, Inc ................................ 946 East Hill Street Kasota, 

MN 56050.

29–Jul–05 ...... Injection mold plastic components for general industrial, table 

games, medical equipment, electronics and automobiles. 

Harden Furniture, Inc .............. 8550 Mill Pond Way 

McConnellsville, NY 13401.

22–Jul–05 ...... Hardwood end tables, entertainment centers, dining room tables and chairs, and beds and bedroom furniture. 

Criterion Technology, Inc ........ 101 McIntosh Parkway 

Thomaston, GA 30286.

22–Jul–05 ...... Thermoformed or injection-molded acrylic and polycarbonate 

enclosures/castings, used primarily to protect security cameras. 

Garmat USA, Inc ..................... 1401 West Standord Avenue 

Englewood, CO 80110.

26–Jul–05 ...... Enclosure systems for process control in automotive applications. 

Whirley Industries, Inc ............. 618 Fourth Avenue Warren, 

PA 16365.

26–Jul–05 ...... Plastic cups. 

Trapper Peak Forge, Inc. 

d.b.a. Hacienda Iron Craft.

4072 Eastside Highway Stevensville, MT 59870.29–Jul–05 ...... Ornamental iron work. 

Quality Metal Products, Inc ..... 11500 West 13th Avenue 

Lakewood, CO 80215.

29–Jul–05 ...... Counters, lockers, racks, display cases, shelves, partitions 

and similar fixtures of metal. 

Sashco, Inc ............................. 10300 East 107th Place Brighton, CO 80601.10–Aug–05 .... Acrylic polymer. 

Marlin Firearms Company 

(The).

100 Kenna Drive North 

Haven, CT 06473.

16–Aug–05 .... Shotguns and rifles. 

RMO, Inc ................................. 650 West Colfax Avenue Denver, CO 80204.11–Aug–05 .... Non plastic dental fittings. 

KALD Tool and Die Corporation.3022 Highway 145 Richfield, 

WI 53076.

11–Aug–05 .... Molds for plastic injection molding and metal die casting. 

The petitions were submitted 

pursuant to section 251 of the Trade Act 

of 1974 (19 U.S.C. 2341). Consequently, 

the United States Department of 

Commerce has initiated separate 

investigations to determine whether 

increased imports into the United States 

of articles like or directly competitive 

with those produced by each firm 

contributed importantly to total or 

partial separation of the firm’s workers, 

or threat thereof, and to a decrease in 

sales or production of each petitioning 

firm. Any party having a substantial 

interest in the proceedings may request 

a public hearing on the matter. A 

request for a hearing must be received 

by Trade Adjustment Assistance, Room 

7812, Economic Development 

Administration, U.S. Department of 

Commerce, Washington, DC 20230, no 

later than the close of business of the 

tenth calendar day following the 

publication of this notice. The Catalog 

of Federal Domestic Assistance official 

program number and title of the 

program under which these petitions are 

submitted is 11.313, Trade Adjustment 

Assistance.

Dated: August 19, 2005. 

Anthony J. Meyer, 

Senior Program Analyst, Office of Strategic 

Initiatives.

[FR Doc. 05–16892 Filed 8–24–05; 8:45 am] 

BILLING CODE 3510–24–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security 

[Docket No. 04–BIS–14] 

Action Affecting Export Privileges; 

Sunford Trading, Ltd.; In the Matter of: 

Sunford Trading Ltd., Room 2208, 22/

F, 118 Connaught Road West, Hong 

Kong, China, Respondent; Order 

Relating to Sunford Trading, Ltd. 

The Bureau of Industry and Security, 

U.S. Department of Commerce (‘‘BIS’’) 

has initiated an administrative 

proceeding against Sunford Trading, 

Ltd. (‘‘Sunford’’) pursuant to Section 

766.3 of the Export Administration 

Regulations (currently codified at 15 

CFR parts 730–774 (2005)) 

(‘‘Regulations’’),1 and Section 13(c) of 

the Export Administration Act of 1979, 

as amended (50 U.S.C. app. 2401–2420 

(2000)) (‘‘Act’’),2 through issuance of a 

charging letter to Sunford that alleged 

that Sunford committed three violations 

of the Regulations. Specifically, the 

charges are:

1. One violation of 15 CFR 764.2(e)—

Ordering, Buying, Financing, and/or 

Forwarding Items to China With the 

Knowledge That a Violation of the 

Regulations Will Occur. Beginning on or 

about November 23, 1998 and 

continuing to on or about July 20, 1999, 

Sunford ordered, bought, financed, and/

or forwarded an industrial hot press 

furnace to the Beijing Research Institute 

of Materials and Technology 

(hereinafter, ‘‘BRIMT’’) in China with 

knowledge that a violation of the 

Regulations would occur. Specifically, 

at the time Sunford ordered, bought, 

financed, and/or forwarded the furnace, 

it knew or had reason to know that a 

Department of Commerce license was 

required for export to BRIMT under 

Section 744.3 of the Regulations, and 

that such license would not be obtained. 

2. One violation of 15 CFR 764.2(d)—

Conspiring To Export an Industrial 

Furnace to China Without the Required 

U.S. Government Authorization.

Beginning on or about November 23, 

1998 and continuing to on or about July 

20, 1999, Sunford conspired or acted in 

concert with others, known and 

Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices 49911

unknown, to bring about acts that 

constituted a violation of the 

Regulations when it agreed to 

participate in the export of the furnace 

referenced above to BRIMT in China 

without the Department of Commerce 

license required by Section 744.3 of the 

Regulations. In furtherance of the 

conspiracy, Sunford and its coconspirators agreed to conceal the 

identity of the actual end-user and of 

the item being exported in an attempt to 

circumvent the license requirement 

described in Section 744.3 of the 

Regulations. 

3. One violation of 15 CFR 764.2(b)—

Causing an Export to China Without the 

Required Department of Commerce 

License. Beginning on or about 

November 23, 1998 and continuing to 

on or about July 20, 1999, Sunford 

caused the export of the furnace 

described above to BRIMT in China 

without the required Department of 

Commerce license. Specifically, Sunford 

ordered, bought, financed, and/or 

forwarded the industrial furnace 

described above, thereby causing the 

furnace to be exported to BRIMT in 

China despite the fact that the 

Department of Commerce license 

required by Section 744.3 of the 

Regulations had not been obtained. 

Whereas, BIS and Sunford have 

entered into a Settlement Agreement 

pursuant to Section 766.18(b) 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 of the terms 

of such Settlement Agreement; 

It is therefore ordered:

First, that a civil penalty of $33,000 is 

assessed against Sunford, which shall be 

paid to the U.S. Department of 

Commerce within 30 days from the date 

of entry of this Order. Payment shall be 

made in the manner specified in the 

attached instructions. 

Second, that, pursuant to the Debt 

Collection Act of 1982, as amended (31 

U.S.C. 3701–3720E (2000)), the civil 

penalty owed under this Order accrues 

interest as more fully described in the 

attached Notice, and, if payment is not 

made by the due date specified herein, 

Sunford will be assessed, in addition to 

the full amount of the civil penalty and 

interest, a penalty charge and an 

administrative charge, as more fully 

described in the attached Notice.

Third, that the timely payment of the 

civil penalty set forth above is hereby 

made a condition to the granting, 

restoration, or continuing validity of any 

export license, license exception, 

permission, or privilege granted, or to be 

granted, to Sunford, Accordingly, if 

Sunford should fail to pay the civil 

penalty in a timely manner, the 

undersigned may enter an Order 

denying all of Sunford’s export 

privileges for a period of one year from 

the date of entry of this Order. 

Fourth, for a period of three years 

from the date of entry of the Order, 

Sunford Trading, Ltd., Room 2208, 22/

F, 118 Connaught Road West, Hong 

Kong, China, its successors or assigns, 

and when acting for or on behalf of 

Sunford, its officers, representatives, 

agents, or employees (‘‘Denied Person’’) 

may not participate, directly or 

indirectly, 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. 

Fifth, 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. 

Sixth, that, to prevent evasion of this 

Order, BIS, after notice and opportunity 

for comment as provided in Section 

766.23 of the Regulations, may make 

any person, firm, corporation, or 

business organization related to Sunford 

by affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services subject to the 

provisions of this Order. 

Seventh, 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. 

Eighth, that the charging letter, the 

Settlement Agreement, this Order, and 

the record of this case as defined by 

Section 766.20 of the Regulations shall 

be made available to the public. 

Ninth, that the administrative law 

judge shall be notified that this case is 

withdrawn from adjudication. 

This Order, which constitutes the 

final agency action in this matter, is 

effective upon publication in the 

Federal Register.

Entered this 18th day of August 2005. 

Wendy Wysong, 

Acting Assistant Secretary of Commerce for 

Export Enforcement.

[FR Doc. 05–16885 Filed 8–24–05; 8:45 am] 

BILLING CODE 3510–DT–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 081905B]

Notice of Intent to Conduct Public 

Scoping Meetings and to Prepare an 

Environmental Impact Statement 

Related to the Makah Tribe’s 

Continuation of Treaty Right Hunting 

of Gray Whales

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and