52006 Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices 

Hearing-impaired persons who will 

attend the meetings and require the 

services of a sign language interpreter 

should contact the Regional Office at 

least ten (10) working days before the 

scheduled date of the meetings. 

Records generated from these 

meetings may be inspected and 

reproduced at the Eastern Regional 

Office, as they become available, both 

before and after the meetings. Persons 

interested in the work of this advisory 

committee are advised to go to the 

Commission’s Web site, http:// 

www.usccr.gov, or to contact the Eastern 

Regional Office at the above e-mail or 

street address. 

The meetings will be conducted 

pursuant to the provisions of the rules 

and regulations of the Commission and 

FACA. 

Dated in Washington, DC, September 3, 

2008. 

Christopher Byrnes, 

Chief, Regional Programs Coordination Unit. 

[FR Doc. E8–20742 Filed 9–5–08; 8:45 am] 

BILLING CODE 6335–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 0808181107–81109–01] 

Effects of Foreign Policy-Based Export 

Controls 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Request for comments on 

foreign policy-based export controls. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is reviewing the foreign 

policy-based export controls in the 

Export Administration Regulations 

(EAR) to determine whether they should 

be modified, rescinded or extended. To 

help make these determinations, BIS is 

seeking comments on how existing 

foreign policy-based export controls 

have affected exporters and the general 

public. Additionally, BIS is particularly 

interested in comments regarding the 

Entity List (Supplement No. 4 to part 

744 of the EAR), including on its 

usefulness and format, as well as on the 

specific entities listed and the licensing 

policies and requirements assigned to 

each. 

DATES: Comments must be received by 

October 8, 2008. 

ADDRESSES: Written comments may be 

sent by e-mail to 

publiccomments@bis.doc.gov. Include 

‘‘FPBEC’’ in the subject line of the 

message. Written comments (three 

copies) may be submitted by mail or 

hand delivery to Jeffery Lynch, 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, 14th Street & Pennsylvania 

Avenue, NW., Room 2705, Washington, 

DC 20230. 

FOR FURTHER INFORMATION CONTACT: For 

general questions regarding foreign 

policy-based export controls, Joan 

Roberts, Foreign Policy Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, telephone: (202) 482–4252, 

and for questions specific to the Entity 

List, Karen Nies-Vogel, Office of the 

Assistant Secretary for Export 

Administration, Bureau of Industry and 

Security, telephone: (202) 482–3811. 

Copies of the current Annual Foreign 

Policy Report to the Congress are 

available at http://www.bis.doc.gov/ 

PoliciesAndRegulations/ 

08ForPolControls/index.htm and copies 

may also be requested by calling the 

Office of Nonproliferation and Treaty 

Compliance at the number listed above. 

SUPPLEMENTARY INFORMATION: Foreign 

policy-based controls in the Export 

Administration Regulations (EAR) are 

implemented pursuant to section 6 of 

the Export Administration Act of 1979, 

as amended. The current foreign policybased export controls maintained by the 

Bureau of Industry and Security (BIS) 

are set forth in the EAR, including in 

parts 742 (CCL Based Controls), 744 

(End-User and End-Use Based Controls) 

and 746 (Embargoes and Special 

Country Controls). These controls apply 

to a range of countries, items, activities 

and persons, including: Certain general 

purpose microprocessors for ‘‘military 

end-uses’’ and ‘‘military end-users’’

(§ 744.17); significant items (SI): Hot 

section technology for the development, 

production, or overhaul of commercial 

aircraft engines, components, and 

systems (§ 742.14); encryption items 

(§§ 742.15 and 744.9); crime control and 

detection commodities (§ 742.7); 

specially designed implements of 

torture (§ 742.11); certain firearms 

included within the Inter-American 

Convention Against the Illicit 

Manufacturing of and Trafficking in 

Firearms, Ammunition, Explosives, and 

Other Related Materials (§ 742.17); 

regional stability items (§ 742.6); 

equipment and related technical data 

used in the design, development, 

production, or use of certain rocket 

systems and unmanned air vehicles 

(§§ 742.5 and 744.3); chemical 

precursors and biological agents, 

associated equipment, technical data, 

and software related to the production 

of chemical and biological agents 

(§§ 742.2 and 744.4) and various 

chemicals included in those controlled 

pursuant to the Chemical Weapons 

Convention (§ 742.18); nuclear 

propulsion (§ 744.5); aircraft and vessels 

(§ 744.7); communication intercepting 

devices (software and technology) 

(§ 742.13); embargoed countries (part 

746); countries designated as supporters 

of acts of international terrorism 

(§§ 742.8, 742.9, 742.10, 742.19, 746.2, 

746.4, 746.7, and 746.9); certain entities 

in Russia (§ 744.10); individual 

terrorists and terrorist organizations 

(§§ 744.12, 744.13 and 744.14); certain 

persons designated by Executive Order 

13315 (‘‘Blocking Property of the 

Former Iraqi Regime, Its Senior Officials 

and Their Family Members’’) (§ 744.18); 

and certain sanctioned entities 

(§ 744.20). Attention is also given in this 

context to the controls on nuclearrelated commodities and technology 

(§§ 742.3 and 744.2), which are, in part, 

implemented under section 309(c) of the 

Nuclear Non-Proliferation Act. 

Under the provisions of section 6 of 

the Export Administration Act of 1979, 

as amended (50 U.S.C. app. 2401–2420 

(2000)) (EAA), export controls 

maintained for foreign policy purposes 

require annual extension. Section 6 of 

the EAA requires a report to Congress 

when foreign policy-based export 

controls are extended. The EAA expired 

on August 20, 2001. Executive Order 

13222 of August 17, 2001 (3 CFR, 2001 

Comp., p. 783 (2002)), which has been 

extended by successive Presidential 

Notices, the most recent being that of 

July 23, 2008, 73 FR 43603 (July 25, 

2008), continues the EAR and, to the 

extent permitted by law, the provisions 

of the EAA, in effect under the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706 

(2000)). The Department of Commerce, 

insofar as appropriate, is following the 

provisions of section 6 by reviewing its 

foreign policy-based export controls, 

requesting public comments on such 

controls, and preparing a report to be 

submitted to Congress. 

In January 2008, the Secretary of 

Commerce, on the recommendation of 

the Secretary of State, extended for one 

year all foreign policy-based export 

controls then in effect. 

To assure maximum public 

participation in the review process, 

comments are solicited on the extension 

or revision of the existing foreign 

policy-based export controls for another 

year. Among the criteria considered in 

determining whether to continue or 

revise U.S. foreign policy-based export 

controls are the following: 

1. The likelihood that such controls 

will achieve the intended foreign policy 

purpose, in light of other factors, 

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Federal Register / Vol. 73, No. 174 / Monday, September 8, 2008 / Notices 52007 

including the availability from other 

countries of the goods, software or 

technology proposed for such controls; 

2. Whether the foreign policy 

objective of such controls can be 

achieved through negotiations or other 

alternative means; 

3. The compatibility of the controls 

with the foreign policy objectives of the 

United States and with overall United 

States policy toward the country subject 

to the controls; 

4. Whether the reaction of other 

countries to the extension of such 

controls is not likely to render the 

controls ineffective in achieving the 

intended foreign policy objective or be 

counterproductive to United States 

foreign policy interests; 

5. The comparative benefits to U.S. 

foreign policy objectives versus the 

effect of the controls on the export 

performance of the United States, the 

competitive position of the United 

States in the international economy, the 

international reputation of the United 

States as a supplier of goods and 

technology; and 

6. The ability of the United States to 

enforce the controls effectively. 

BIS is particularly interested in 

receiving comments on the economic 

impact of proliferation controls. BIS is 

also interested in industry information 

relating to the following: 

1. Information on the effect of foreign 

policy-based export controls on sales of 

U.S. products to third countries (i.e., 

those countries not targeted by 

sanctions), including the views of 

foreign purchasers or prospective 

customers regarding U.S. foreign policybased export controls. 

2. Information on controls maintained 

by U.S. trade partners. For example, to 

what extent do they have similar 

controls on goods and technology on a 

worldwide basis or to specific 

destinations? 

3. Information on licensing policies or 

practices by our foreign trade partners 

that are similar to U.S. foreign policybased export controls, including license 

review criteria, use of conditions, 

requirements for pre- and post-shipment 

verifications (preferably supported by 

examples of approvals, denials and 

foreign regulations). 

4. Suggestions for revisions to foreign 

policy-based export controls that would 

bring them more into line with 

multilateral practice. 

5. Comments or suggestions as to 

actions that would make multilateral 

controls more effective. 

6. Information that illustrates the 

effect of foreign policy-based export 

controls on trade or acquisitions by 

intended targets of the controls. 

7. Data or other information on the 

effect of foreign policy-based export 

controls on overall trade at the level of 

individual industrial sectors. 

8. Suggestions as to how to measure 

the effect of foreign policy-based export 

controls on trade. 

9. Information on the use of foreign 

policy-based export controls on targeted 

countries, entities, or individuals. 

BIS is also interested in comments 

relating generally to the extension or 

revision of existing foreign policy-based 

export controls. 

Entity List 

The Entity List (Supplement No. 4 to 

Part 744 of the EAR) provides notice to 

the public that certain exports and 

reexports to parties identified on the 

Entity List require a license from BIS 

and that availability of License 

Exceptions in such transactions is 

limited. In connection with the annual 

review of all foreign policy-based export 

controls, BIS is particularly interested in 

public comments regarding the Entity 

List, including but not limited to those 

specific to the entities on the List and 

the licensing policies and requirements 

assigned to each of them, and on the 

Entity List’s utility and suggestions for 

ways it might be improved through 

changes in format, organization or 

otherwise. 

Parties submitting comments are 

asked to be as specific as possible. All 

comments received before the close of 

the comment period will be considered 

by BIS in reviewing the controls and 

developing the report to Congress and/ 

or in implementing changes to the 

Entity List. 

BIS will not accept public comments 

accompanied by a request that a part or 

all of the material be treated 

confidentially because of its business 

proprietary nature or for any other 

reason. BIS will return such comments 

and materials to the persons submitting 

the comments and will not consider 

them in the development of a response. 

All information relating to the notice 

will be a matter of public record and 

will be available for public inspection 

and copying. In the interest of accuracy 

and completeness, BIS requires written 

comments. Oral comments must be 

followed by written memoranda, which 

will also be a matter of public record 

and will be available for public review 

and copying. 

The Office of Administration, Bureau 

of Industry and Security, U.S. 

Department of Commerce, displays 

these public comments on BIS’s 

Freedom of Information Act (FOIA) Web 

site at http://www.bis.doc.gov/foia. This 

office does not maintain a separate 

public inspection facility. If you have 

technical difficulties accessing this Web 

site, please call BIS’s Office of 

Administration at (202) 482–0637 for 

assistance. 

Dated: August 29, 2008. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E8–20672 Filed 9–5–08; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–892 

Carbazole Violet Pigment 23 from the 

People’s Republic of China: 

Preliminary Results and Partial 

Rescission of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) is conducting an 

administrative review of the 

antidumping duty order on carbazole 

violet pigment 23 (CVP 23) from the 

People’s Republic of China (PRC). The 

period of review (POR) is December 1, 

2006, through November 30, 2007. We 

preliminarily determine that 11 

companies have failed to cooperate by 

not acting to the best of their ability to 

comply with our requests for 

information and, as a result, should be 

assigned a rate based on adverse facts 

available (AFA). We are also rescinding 

this administrative review with respect 

to three companies. If these preliminary 

results are adopted in our final results 

of this review, we will instruct U.S. 

Customs and Border Protection (CBP) to 

assess antidumping duties on all 

appropriate entries of subject 

merchandise during the POR. 

Interested parties are invited to 

comment on these preliminary results. 

We will issue the final results no later 

than 120 days from the date of 

publication of this notice. 

EFFECTIVE DATE: September 8, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Deborah Scott or Robert James, AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–2657 or (202) 482–

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

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