Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60237 

1The EAR are currently codified at 15 CFR Parts 

730–774 (2008). 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 EAA 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 July 23, 2008 (73 FR 

43603 (July 25, 2008)), has continued the 

Regulations in effect under the International 

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

1706 (2000)) (‘‘IEEPA’’). 

Bag, Sand, Polypropylene, 26′′ x 14′′, Green 

NSN: 8105–00–142–9345. 

NPA: Southeast Vocational Alliance, Inc., 

Houston, TX. 

Contracting Activity: DEFENSE LOGISTICS 

AGENCY, DEFENSE SUPPLY CENTER 

PHILADELPHIA. 

Coverage: C-list for the remaining 50% of the 

Defense Supply Center Philadelphia 

requirement. 

Services 

Service Type/Location: Base Supply Center, 

NAWS China Lake, 1 Administration 

Circle, China Lake, CA. 

NPA: The Lighthouse for the Blind, Inc. 

(Seattle Lighthouse), Seattle, WA 

Contracting Activity: DEPT OF THE NAVY, 

FISC SAN DIEGO. 

Service Type/Location: Custodial Services, 

Depot Maintenance Activity Group, 

Robins AFB, GA. 

NPA: Good Vocations, Inc., Macon, GA. 

Contracting Activity: DEPT OF THE AIR 

FORCE, FA8501 WR ALC PKO. 

Service Type/Location: Laundry Services, 

FEMA—NETC, 16825 South Seton 

Avenue, Emmitsburg, MD. 

NPA: Jeanne Bussard Center, Inc., Frederick, 

MD. 

Contracting Activity: FEDERAL 

EMERGENCY MANAGEMENT 

AGENCY, NETC ACQUISITION 

SECTION. 

Barry S. Lineback, 

Acting Director, Program Operations. 

[FR Doc. E8–24148 Filed 10–9–08; 8:45 am] 

BILLING CODE 6353–01–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket T–4–2008] 

Foreign-Trade Zone 267-Fargo, ND; 

Application for Temporary/Interim 

Manufacturing Authority; CNH 

America, LLC (Construction 

Equipment) 

An application has been submitted to 

the Executive Secretary of the Foreign 

Trade Zones Board (the Board) by the 

Fargo Municipal Airport Authority, 

grantee of FTZ 267, requesting 

temporary/interim manufacturing (T/ 

IM) authority within FTZ 267 at the 

CNH America, LLC (CNH) construction 

equipment manufacturing facility 

located in Fargo, North Dakota. The 

application was filed on September 30, 

2008. 

The CNH facilities (about 800 

employees) consist of a manufacturing 

plant located at 3401 1st Avenue N. and 

a warehouse located at 3000 Avenue N., 

within the Midtown Industrial Complex 

(FTZ 267–Site 2). Under T/IM 

procedures, CNH could produce up to 

4,000 wheel loaders annually (HTSUS 

8429.51). Foreign-sourced components 

(representing about 30% of material 

value) that would be used in production 

include: Vehicle glass (HTSUS 7007.11), 

motor controls (8537.10), switches 

(8536.50), and transmissions (8483.40). 

T/IM authority could be granted for a 

period of up to two years. CNH has also 

submitted a request for permanent FTZ 

manufacturing authority (for which 

Board filing is pending), which also 

includes the assembly of farm tractors 

using similar foreign-sourced inputs. 

FTZ procedures would exempt CNH 

from customs duty payments on foreign 

components used in export production 

(estimated to be some 30 percent of the 

plant’s shipments). On its domestic 

shipments, CNH could defer duty until 

the products are entered for 

consumption, and choose the duty-free 

rate that applies to the finished product 

for the foreign components used in 

production (duty rates ranging from 

2.5% to 5.5%). The company may also 

realize certain logistical/procedural 

savings as well as savings on materials 

that become scrap/waste during 

manufacturing. 

Public comment is invited from 

interested parties. Submissions shall be 

addressed to the Board’s Executive 

Secretary at the following address: 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002. The closing period for 

their receipt is November 10, 2008. A 

copy of the application will be available 

for public inspection at the Office of the 

Foreign-Trade Zones Board’s Executive 

Secretary at the address listed above. 

Dated: September 30, 2008. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E8–23889 Filed 10–9–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Aviation Services International B.V.; 

Delta Logistics B.V.; Robert Kraaipoel; 

Niels Kraaipoel; T.P.C. B.V.; Mia Van 

Gemert; Mojir Trading; Reza Amidi; 

Lavantia, Ltd.; Mita Zarek 

In the Matter of: 

Aviation Services International B.V., P.O. 

Box 418, Heerhugowaard, Netherlands 1 

700AK; 

Aviation Services International B.V., Fleming 

Straat 36, Heerhugowaard, Netherlands 

1704SL; 

Delta Logistics B.V., P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK; 

Delta Logistics B.V., Fleming Straat 36, 

Heerhugowaard, Netherlands 1704SL; 

Robert Kraaipoel, P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK; 

Robert Kraaipoel, Fleming Straat 36, 

Heerhugowaard, Netherlands 1704SL; 

Niels Kraaipoel, P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK; 

Niels Kraaipoel, Fleming Straat 36, 

Heerhugowaard, Netherlands 1704SL; 

T.P.C. B.V., P.O. Box 418, Heerhugowaard, 

Netherlands 1700AK; 

T.P.C. B.V., Fleming Straat 36, 

Heerhugowaard, Netherlands 1704SL; 

T.P.C. B.V., P.O. Box 11, Heerhugowaard, 

Netherlands 1700AA; 

Mia Van Gemert, P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK; 

Mia Van Gemert, Fleming Straat 36, 

Heerhugowaard, Netherlands 1704SL; 

Mojir Trading, PO Box 18118, Jabel-Ali Free 

Zone, Dubai-UAE; 

Reza Amidi, P.O. Box 18118, Jabel-Ali Free 

Zone, Dubai-UAE; 

Lavantia, Ltd., 16 Kyraikou Matsi Ave, 3rd 

Floor, 1082 Nicosia, Cyprus; 

Lavantia, Ltd., Strovolou 77, Strovolos Center 

Suite 202, Strovolos P.C. 2018, Nicosia, 

Cyprus; 

Mita Zarek, 16 Kyraikou Matsi Ave, 3rd 

Floor, 1082 Nicosia, Cyprus; 

Mita Zarek, Strovolou 77, Strovolos Center 

Suite 202, Strovolos P.C. 2018, 

Nicosia, Cyprus, Respondents. 

Order Renewing Temporary Denial 

Order 

Pursuant to Section 766.24(d) of the 

Export Administration Regulations 

(‘‘EAR’’) 1, the Bureau of Industry and 

Security (‘‘BIS’’), U.S. Department of 

Commerce, through its Office of Export 

Enforcement (‘‘OEE’’), has requested 

that I renew for 180 days an Order 

temporarily denying the export 

privileges under the EAR (‘‘TDO’’) of: 

(1) Aviation Services International 

B.V., P.O. Box 418, Heerhugowaard, 

Netherlands 1700AK, and Fleming 

Straat 36, Heerhugowaard, Netherlands 

1704 SL. 

(2) Delta Logistics, B.V., P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK, 

and Fleming Straat 36, Heerhugowaard, 

Netherlands 1704 SL. 

(3) Robert Kraaipoel, P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK, 

and Fleming Straat 36, Heerhugowaard, 

Netherlands 1704SL. 

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60238 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 

(4) Niels Kraaipoel, P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK, 

and Fleming Straat 36, Heerhugowaard, 

Netherlands 1704SL. 

(5) T.P.C., B.V., P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK, 

and Fleming Straat 36, Heerhugowaard, 

Netherlands 1704SL, and P.O. Box 11, 

Heerhugowaard, Netherlands 1700AA. 

(6) Mia Van Gemert, P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK, 

and Fleming Straat 36, Heerhugowaard, 

Netherlands 1704SL. 

(7) Mojir Trading, P.O. Box 18118, 

Jabel-Ali Free Zone, Dubai-UAE. 

(8) Reza Amidi, P.O. Box 18118, JabelAli Free Zone, Dubai-UAE. 

(9) Lavantia, Ltd., 16 Kyraikou Matsi 

Ave., 3rd Floor, 1082 Nicosia, Cyprus, 

and Strovolou 77, Strovolos Center 

Suite 202, Strovolos P.C. 2018, Nicosia, 

Cyprus. 

(10) Mita Zarek, 16 Kyraikou Matsi 

Ave., 3rd Floor, 1082 Nicosia, Cyprus, 

and Strovolou 77, Strovolos Center 

Suite 202, Strovolos P.C. 2018, Nicosia, 

Cyprus (hereinafter collectively referred 

to as the ‘‘Respondents’’) for 180 days. 

On October 1, 2007, I issued a TDO, 

rendered effective as of October 10, 

2007, the date of publication in the 

Federal Register, against the abovenamed respondents based on a finding 

that the evidence presented by BIS 

demonstrated that the Respondents 

knowingly violated the EAR on multiple 

occasions between 2005 and 2007. 

Respondents’ misconduct included 

making false statements regarding the 

end-user and country of ultimate 

destination involving the unlicensed 

export of items subject to the EAR from 

the United States. The evidence showed 

that Respondents concealed the true 

ultimate destination for the items which 

was Iran and that Respondents did not 

have the required U.S. Government 

authorization for the transactions. 

Additionally, in August 2007, 

Respondents Aviation Services 

International B.V. (‘‘ASI’’), Robert 

Kraaipoel, Delta Logistics B.V. (‘‘Delta’’) 

and T.P.C. B.V. (‘‘TPC’’) were criminally 

charged with five counts for similar 

misconduct involving the unlicensed 

export of U.S.-origin items to Iran, 

including criminal violations of IEEPA 

and false statements as well. The 

criminal charges against ASI, Robert 

Kraaipoel, Delta and TPC are still 

pending and there also is an 

outstandstanding arrest warrant for 

Robert Kraaipoel. I further found that 

such violations had been significant, 

deliberate and covert, and were likely to 

occur again, especially given the nature 

of the transactions. For these reasons, I 

found that an imminent violation 

existed within the meaning of Section 

766.24(b)(2). 

On April 4, 2007, I renewed the TDO 

for 180 days based on the original 

evidence and information that 

Respondents Lavantia Ltd. and Mita 

Zarek violated the TDO on more than 

one occasion and continued to engage in 

unauthorized transactions involving 

items subject to the EAR. Moreover, 

evidence was presented that Lavantia 

Ltd. and Mita Zarek were attempting to 

evade the TDO by using an alternate 

address to receive U.S.-origin goods. 

I find the facts and circumstances 

which led to the initial TDO and the 

April 2008 renewal order continue to 

show that renewal of the TDO for an 

additional 180 days is necessary and in 

the public interest, to prevent an 

imminent violation of the EAR. 

Furthermore, renewal of the Order is 

needed to give 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. All parties to this TDO have 

been given notice of the request for 

renewal. 

It is therefore ordered: 

First, that the Respondents, Aviation 

Services International B.V., P.O. Box 

418, Heerhugowaard, Netherlands 

1700AK and Fleming Straat 36, 

Heerhugowaard, Netherlands 1704SL; 

Delta Logistics, B.V., P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK 

and Fleming Straat 36, Heerhugowaard, 

Netherlands 1704SL; Robert Kraaipoel, 

Director and Principal Officer of 

Aviation Services International B.V., 

P.O. Box 418, Heerhugowaard, 

Netherlands 1700AK and Fleming Straat 

36, Heerhugowaard, Netherlands 

1704SL; Niels Kraaipoel, Aviation 

Services International Sales Manager, 

P.O. Box 418, Heerhugowaard, 

Netherlands 1700AK, and Fleming 

Straat 36, Heerhugowaard, Netherlands 

1704SL; T.P.C, B.V., P.O. Box 418, 

Heerhugowaard, Netherlands 1700AK, 

and Fleming Straat 36, Heerhugowaard, 

Netherlands 1704SL and P.O. Box 11, 

Heerhugowaard, Netherlands 1700AA; 

Mia Van Gemert, Managing Director of 

Aviation Services International, P.O. 

Box 418, Heerhugowaard, Netherlands 

1700AK, and Fleming Straat 36, 

Heerhugowaard, Netherlands 1704SL; 

Mojir Trading, P.O. Box 18118, Jabel-Ali 

Free Zone, Dubai-UAE; Reza Amidi, 

P.O. Box 18118, Jabel-Ali Free Zone, 

Dubai-UAE; Lavantia, Ltd., 16 Kyraikou 

Matsi Ave, 3rd Floor, 1082 Nicosia, 

Cyprus, and Strovolou 77, Strovolos 

Center Suite 202, Strovolos P.C. 2018, 

Nicosia, Cyprus; and Mita Zarek, owner 

of Lavantia, Ltd., 16 Kyraikou Matsi 

Ave., 3rd Floor, 1082 Nicosia, Cyprus, 

and Strovolou 77, Strovolos Center 

Suite 202, Strovolos P.C. 2018, Nicosia, 

Cyprus (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. Benefiting 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. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Denied Persons any item subject 

to the EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Denied Persons 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 the Denied Persons 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 Persons of 

any item subject to the EAR that has 

been exported from the United States; 

D. Obtain from the Denied Persons 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 the Denied 

Persons, or service any item, of 

whatever origin, that is owned, 

possessed or controlled by the Denied 

Persons if such service involves the use 

of any item subject to the EAR that has 

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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Notices 60239 

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 coniment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to any of the 

Denied Persons 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. 

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 with the Assistant 

Secretary not later than 20 days before 

the expiration date and serving the 

request on the Respondents. The 

Respondents may oppose a request to 

renew this Order 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 served 

on the Respondents and shall be 

published in the Federal Register. 

This Order is effective as of the date 

that it is signed and shall remain in 

effect for 180 days. 

Entered this 1st day of October 2008. 

Darryl W. Jackson, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. E8–23806 Filed 10–9–08; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Stanford University; Notice of Decision 

on Application for Duty-Free Entry of 

Electron Microscopes 

This is a decision pursuant to section 

6(c) of the Educational, Scientific, and 

Cultural Materials Importation Act of 

1966 (Pub. L. 89–651, as amended by 

Pub. L. 106–36; 80 Stat. 897; 15 CFR 

part 301). Related records can be viewed 

between 8:30 a.m. and 5 p.m. in Room 

2104, U.S. Department of Commerce, 

14th and Constitution Avenue., NW., 

Washington, DC. 

Docket Number: 08–047. Applicant: 

Stanford University, Stanford, CA 

943005–5126. Instrument: Electron 

Microscope, Model Tecnai G2 F20 

TWIN. Manufacturer: FEI Company, the 

Netherlands. Intended Use: See notice at 

73 FR 54560, September 22, 2008. 

Comments: None received. Decision: 

Approved. No instrument of equivalent 

scientific value to the foreign 

instrument, for such purposes as these 

instruments are intended to be used, 

was being manufactured in the United 

States at the time the instruments were 

ordered. Reasons: The foreign 

instrument is an electron microscope 

and is intended for research or scientific 

educational uses requiring an electron 

microscope. We know of no electron 

microscope, or any other instrument 

suited to these purposes, which was 

being manufactured in the United States 

at the time of order of each instrument. 

Dated: October 6, 2008. 

Faye Robinson, 

Director, Statutory Import Programs Staff, 

Import Administration. 

[FR Doc. E8–24202 Filed 10–9–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–475–818) 

Certain Pasta from Italy: Notice of 

Extension of Final Results of 

Antidumping Duty Changed 

Circumstances Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: October 10, 2008. 

FOR FURTHER INFORMATION CONTACT: Eric 

B. Greynolds, AD/CVD Operations, 

Office 3, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, Room 

4014, 14th Street and Constitution Ave., 

NW, Washington, DC 20230, telephone: 

(202) 482–6071. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 19, 2007, the 

Department of Commerce (the 

Department) published its notice of 

initiation of antidumping duty (AD) 

changed circumstances review (CCR). 

See Certain Pasta from Italy: Notice of 

Initiation of Antidumping Duty Changed 

Circumstances Review, 72 FR 65010 

(November 19, 2007). On February 22, 

2008, the Department published its 

notice of preliminary results of AD CCR 

and intent to reinstate the AD order. See 

Certain Pasta from Italy: Notice of 

Preliminary Results of Antidumping 

Duty Changed Circumstances Review 

and Intent to Reinstate the Antidumping 

Duty Order, 73 FR 9769 (February 22, 

2008). On August 12, 2008, the 

Department extended the due date of 

the final results of the AD CCR until 

October 6, 2008. See Certain Pasta from 

Italy: Notice of Extension of Final 

Results of Antidumping Duty Changed 

Circumstances Review, 73 FR 46871 

(August 12, 2008). On September 17, 

2008, Pasta Lensi S.r.L. (Lensi) and the 

American Italian Pasta Company (AIPC) 

requested to meet with officials from the 

Department regarding the AD CCR. That 

meeting is currently scheduled for 

October 8, 2008, after the current due 

date of the final results. On September 

29, 2008, the Department placed on the 

record of the AD CCR press releases 

from the United States Attorney for the 

Western District of Missouri and the 

Securities and Exchange Administration 

(SEC) regarding the AIPC. See the 

Memorandum to the File from Eric B. 

Greynolds, Program Manager, ‘‘Press 

Release from Office of the United States 

Attorney for the Western District of 

Missouri and the Securities and 

Exchange Commission Regarding the 

American Italian Pasta Company’’ 

(September 29, 2008), a public 

document on file in the Central Records 

Unit (CRU), room 1117 of the main 

Department building. 

Extension of Time Limit for Final 

Results 

Under 19 CFR 351.216(e), the 

Department will issue the final results 

of a CCR within 270 days after the date 

on which the Department initiates the 

changed circumstances review. 

Currently, the final results of the AD 

CCR, which cover Lensi, a producer/ 

exporter of pasta from Italy, and AIPC, 

Lensi’s corporate parent and importer of 

subject merchandise produced by Lensi, 

are due by October 6, 2008. As 

explained above, the Department has 

placed certain information regarding 

Lensi on the record of the AD CCR. In 

addition, Lensi and AIPC have 

requested to meet with officials from the 

Department regarding the AD CCR. See 

Memorandum to the File from Eric B. 

Greynolds, Program Manager, ‘‘Request 

by Pasta Lensi S.r.L. for Meeting with 

Assistant Secretary’’ (September 30, 

2008), a public document on file in the 

mstockstill on PROD1PC66 with NOTICES