56630 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Notices 

1The charged violations occurred from 1999 to 

2004. The Regulations governing the violations at 

issue are found in the 1999 to 2004 versions of the 

Code of Federal Regulations (15 CFR parts 730–774 

(1999–2004)). 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 issued on 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 2, 2005, (70 FR 45273 (August 5, 

2005)), has continued the Regulations in effect 

under IEEPA. 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

John H. Carrington; In the Matter of: 

John H. Carrington, 2316 Wakefield 

Plantation Drive, Raleigh, NC 27614, 

Respondent; Order Relating to John H. 

Carrington 

The Bureau of Industry and Security, 

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

has notified John H. Carrington 

(‘‘Carrington’’) of its intention to initiate 

an administrative proceeding against 

him 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 by issuing a proposed charging 

letter issued to Carrington that alleged 

that he committed 181 violations of the 

Regulations. Specifically, the charges 

are: 

1. One Violation of 15 CFR 764.2(d)—

Conspiracy to Violate the Regulations: 

Beginning in or about September 2000 

and continuing through in or about 

March 2004, Carrington conspired and 

acted in concert with others, known and 

unknown, to do or bring about an act 

that violates the Regulations. The 

purpose of the conspiracy was to export 

fingerprint imaging equipment and 

fingerprint ink and powder, items 

subject to the Regulations, from the 

United States to the Hong Kong Special 

Administrative Region (‘‘Hong Kong’’) 

through Italy without the U.S. 

Department of Commerce licenses 

required by Section 742.7 of the 

Regulations. Fingerprint imaging 

equipment is classified under Export 

Control Classification Number 

(‘‘ECCN’’) 3A981, and fingerprint ink 

and powder is classified under ECCN 

1A985. Carrington and its coconspirators took acts in furtherance of 

the conspiracy by exporting fingerprint 

imaging equipment and fingerprint ink 

and powder from the United States to 

Hong Kong through Italy without the 

required license. 

2. 25 Violations of 15 CFR 764.2(a)—

Exporting Fingerprint Imaging 

Equipment without the Required 

Licenses: On 25 occasions, between on 

or about September 29, 2000 and on or 

about March 31, 2004, Carrington 

engaged in conduct prohibited by the 

Regulations by exporting or causing to 

be exported fingerprint imaging 

equipment, items classified under ECCN 

3A981, to Hong Kong through Italy 

without the licenses required by Section 

742.7 of the Regulations. 

3. 25 Violations of 15 CFR 764.2(e)—

Selling Fingerprint Imaging Equipment 

with Knowledge of a Violation of the 

Regulations: On the same 25 occasions 

described above, Carrington sold 

fingerprint imaging equipment, items 

classified under ECCN 3A981, to Hong 

Kong through Italy with knowledge that 

a violation of the Regulations was about 

to occur in connection with the items. 

At all times relevant hereto, Carrington 

knew or should have known that a 

Department of Commerce license was 

required to export the fingerprint 

imaging equipment and Carrington sold 

the items knowing that the required 

license has not or would not be 

obtained. 

4. 25 Violations of 15 CFR 764.2(h)—

Taking Actions with Intent to Evade the 

Regulations: On the same 25 occasions 

described above, Carrington took actions 

with the intention of evading the 

Regulations. Specifically, Carrington 

sold and shipped fingerprint imaging 

equipment to a distributor in Italy for 

transshipment to Hong Kong with the 

intent of evading the license 

requirements of Section 742.7 of the 

Regulations. This was done to conceal 

the ultimate destination of the items. 

5. 25 Violations of 15 CFR 764.2(g)—

False Statements of Fact on Export 

Control Documents: On the same 25 

occasions described above, Carrington 

filed or caused to be filed Shippers’

Export Declarations (‘‘SEDs’’), export 

control documents as defined in Section 

772.1 of the Regulations, with the U.S. 

Government through the Automated 

Export System (‘‘AES’’) stating that no 

license was required for the exports. 

These statements were false because, as 

described in charges 2–26, licenses were 

required for the export of fingerprint 

imaging equipment to Hong Kong. 

6. Nine Violations of 15 CFR 

764.2(a)—Exporting Fingerprint Ink and 

Powder without the Required Licenses: 

On nine occasions, between on or about 

April 14, 2001 and on or about March 

2, 2004, Carrington engaged in conduct 

prohibited by the Regulations by 

exporting or causing to be exported 

fingerprint ink and powder, items 

classified under ECCN 1A985, to Hong 

Kong through Italy without the licenses 

required by Section 742.7 of the 

Regulations. 

7. Nine Violations of 15 CFR 

764.2(e)—Selling Fingerprint Ink and 

Powder with Knowledge of a Violation 

of the Regulations: On the same nine 

occasions described above, Carrington 

sold fingerprint ink and powder, items 

classified under ECCN 1A985, to Hong 

Kong through Italy with knowledge that 

a violation of the Regulations was about 

to occur in connection with the items. 

At all times relevant hereto, Carrington 

knew or should have known that a 

Department of Commerce license was 

required to export the fingerprint ink 

and powder and Carrington sold the 

items knowing that the required license 

had not or would not be obtained. 

8. Nine Violations of 15 CFR 

764.2(h)—Taking Actions with Intent to 

Evade the Regulations: On the same 

nine occasions described above, 

Carrington took actions with the 

intention of evading the Regulations. 

Specifically, Carrington sold and 

shipped fingerprint ink and powder to 

a distributor in Italy for transshipment 

to Hong Kong with the intent of evading 

the license requirements of Section 

742.7 of the Regulations. This was done 

to conceal the ultimate destination of 

the items. 

9. One Violation of 15 CFR 764.2(g)—

False Statement of Fact on Export 

Control Document: On one of the nine 

occasions described above, Carrington 

filed or caused to be filed a SED, an 

export control document as defined in 

Section 772.1 of the Regulations, with 

the U.S. Government through the 

Automated Export System (‘‘AES’’) 

stating that no license was required for 

the export. This statement was false 

because a license was required for the 

export of fingerprint ink and powder to 

Hong Kong. 

10. 20 Violations of 15 CFR 764.2(a)—

Exporting Fingerprint Imaging 

Equipment and Fingerprint Powder 

without the Required License: On 20 

occasions, between on or about 

November 8, 2000 and on or about 

January 20, 2004, Carrington engaged in 

conduct prohibited by the Regulations 

by exporting or causing to be exported 

fingerprint imaging equipment or 

fingerprint powder, items classified 

under ECCNs 3A981 or 1A985 

respectively, to Hong Kong without the 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Notices 56631 

licenses required by Section 742.7 of the 

Regulations. 

11. 20 Violations of 15 CFR 764.2(e)—

Selling Fingerprint Imaging Equipment 

and Fingerprint Powder without the 

Required License: On the same 20 

occasions described above, Carrington 

sold fingerprint imaging equipment or 

fingerprint powder, items classified 

under ECCNs 3A981 or 1A985 

respectively, to Hong Kong with 

knowledge that a violation of the 

Regulations was about to occur in 

connection with the items. At all times 

relevant hereto, Carrington knew or 

should have known that a Department 

of Commerce license was required to 

export the fingerprint imaging 

equipment and sold the items knowing 

that the required license had not or 

would not be obtained. 

12. 12 Violations of 15 CFR 764.2(g)—

False Statements of Fact on Export 

Control Documents: On 12 of the 20 

occasions described above, Carrington 

filed or caused to be filed SEDs, export 

control documents as defined in Section 

772.1 of the Regulations, with the U.S. 

Government through the Automated 

Export System (‘‘AES’’) stating that no 

license was required for the export. 

These statements were false because, as 

described in charges 130–149, licenses 

were required for the export of 

fingerprint imaging equipment to Hong 

Kong. 

Whereas, BIS and Carrington 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, for a period five years from the 

date of entry of the Order, John H. 

Carrington, 2316 Wakefield Plantation 

Drive, Raleigh, North Carolina 27614, 

and when acting for or on behalf of 

Carrington, his representatives, agents, 

assigns, 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. Benefiting 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 Carrington 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 shall be 

published in the Federal Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective upon publication in the 

Federal Register. 

Entered this 22nd day of September 2005. 

Wendy L. Wysong, 

Deputy Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. 05–19314 Filed 9–29–05; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation 

in Part 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Notice of Initiation of 

Antidumping and Countervailing Duty 

Administrative Reviews and Request for 

Revocation in Part. 

SUMMARY: The Department of Commerce 

(the Department) has received requests 

to conduct administrative reviews of 

various antidumping and countervailing 

duty orders and findings with August 

anniversary dates. In accordance with 

the Department’s regulations, we are 

initiating those administrative reviews. 

The Department also received a request 

to revoke two countervailing duty 

orders in part. 

EFFECTIVE DATE: September 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Sheila E. Forbes, Office of AD/CVD 

Operations, Office 4, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, N.W., Washington, D.C. 20230, 

telephone: (202) 482–4697. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department has received timely 

requests, in accordance with 19 CFR 

351.213(b)(2002), for administrative 

reviews of various antidumping and 

countervailing duty orders and findings 

with August anniversary dates. The