63802 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Notices 

34986, has been determined to be 

related to Piquet by affiliation, 

ownership, control, or position of 

responsibility in the conduct of trade or 

related services, and it has been deemed 

necessary to make the Order denying 

the export privileges of Piquet 

applicable to Alphatronx in order to 

prevent evasion of the Piquet Denial 

Order. 

Second, that the denial of export 

privileges described in the Piquet Denial 

Order, which was published in the 

Federal Register on June 9, 2010 at 75 

FR 32742, shall be made applicable to 

Alphatronx until its expiration on May 

14, 2019, as follows: 

I. Alphatronx, with a last known 

address at 1258 SW. Maplewood Dr., 

Port St. Lucie, FL, 34986, and when 

acting for or on behalf of Alphatronx, its 

successors or assigns, employees or 

agents (collectively, ‘‘Related 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. 

II. No person may, directly or 

indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Related Person any item subject 

to the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Related 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 Related 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 Related Person of 

any item subject to the Regulations that 

has been exported from the United 

States; 

D. Obtain from the Related 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 Related 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by the Related 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 in accordance with the 

provisions of Section 766.23(c) of the 

Regulations, the Related Person may, at 

any time, make an appeal related to 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. 

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 this Order is effective 

immediately and shall remain in effect 

until May 14, 2019. 

Sixth, that this Order shall be 

published in the Federal Register and a 

copy served on the Related Person. 

Issued this 7th day of October 2010. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. 2010–26118 Filed 10–15–10; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Parto Abgardan Cooling Towers Co. 

Parto Abgardan Cooling Towers Co., P.O. Box 

966, Folsom, CA 95763; and 

P.O. Box 19395/5478, Tehran, Iran; and 

No. 56 Shaydaee St., Yakhchal St., Shariati 

Ave., Tehran 19497, Iran; and 

No. 56 Sheidaei St., Yakhchal St., Dr. Shariati 

Ave., Tehran 19497, Iran; and 

No. 56 Corner of Noushin Blind Alley, 

Sheidaei St., Yakhchal St., Dr. Shariati 

Ave., Tehran (19497), Iran; and 

No. 56 Next to Noushin Blind Alley, Sheidaei 

St., Yakhchal St., Dr. Shariati Ave., Tehran 

(19497), Iran; and 

No. 56, Corner of Noushin Dd. End, Sheidaie 

St., Yakhchal St., Shariati St., 19497, 

Tehran, Iran. 

Order Making Denial of Export 

Privileges of Aqua-Loop Cooling 

Towers, Co. Applicable to Parto 

Abgardan Cooling Towers Co. 

Pursuant to Section 766.23 of the 

Export Administration Regulations 

(‘‘EAR’’ or ‘‘Regulations’’), the Bureau of 

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

Department of Commerce, through its 

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

has requested that I make the denial 

order that was issued against Aqua-Loop 

Cooling Towers, Co. (‘‘Aqua-Loop’’) on 

March 25, 2010 (‘‘Denial Order’’), 

applicable to the following entity, as a 

person related to Aqua-Loop: 

Parto Abgardan Cooling Towers Co., 

P.O. Box 966, Folsom, CA 95763; and 

P.O. Box 19395/5478, Tehran, Iran; and 

No. 56 Shaydaee St., Yakhchal St., 

Shariati Ave., Tehran 19497, Iran; and 

No. 56 Sheidaei St., Yakhchal St., Dr. 

Shariati Ave., Tehran 19497, Iran; and 

No. 56 Corner of Noushin Blind Alley, 

Sheidaei St., Yakhchal St., Dr. 

Shariati Ave., Tehran (19497), Iran; 

and 

No. 56 Next to Noushin Blind Alley, 

Sheidaei St., Yakhchal St., Dr. 

Shariati Ave., Tehran (19497), Iran; 

and 

No. 56, Corner of Noushin Dd. End, 

Sheidaie St., Yakhchal St., Shariati 

St., 19497, Tehran, Iran. 

The Denial Order was effective upon 

issuance, was published in the Federal 

Register on April 2, 2010 (see 75 FR 

16732 (April 2, 2010)), and will remain 

in effect until March 25, 2020. 

I. Background 

A. The Denial Order 

The Denial Order denies the export 

privileges of Aqua-Loop until March 25, 

2020, pursuant to Section 764.3(a)(2) of 

the Regulations, and was issued based 

upon my approval of a settlement 

agreement entered into by BIS and 

Aqua-Loop. Specifically, in July 2009, 

BIS filed a Charging Letter against AquaLoop for violating the Regulations by 

causing unlicensed exports to Parto 

Abgardan in Iran of items subject to the 

Regulations, knowingly violating the 

Regulations in connection with the 

export of those items, and conspiring 

with Parto Abgardan and others, known 

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Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Notices 63803 

1The charges filed against Aqua-Loop are 

contained in the Order issued upon settlement, 

which was subsequently published in the Federal 

Register. 75 FR 16,732 (April 2, 2010). 

2The charges filed against Bob Rahimzadeh are 

contained in the Order issued upon settlement, 

which was subsequently published in the Federal 

Register. 75 FR 16,735 (April 2, 2010). 

3Mahmoud Lazemizadeh is a U.S. citizen who 

resides in Iran. 

and unknown, to violate the Regulations 

in connection with the export of those 

items and other items that Aqua-Loop, 

Parto Abgardan and their coconspirators sought to export to Iran 

without the required U.S. Government 

authorization. 

BIS alleged, inter alia, that in 

furtherance of the conspiracy, AquaLoop and Parto Abgardan participated 

in a scheme to have Aqua-Loop source 

or obtain items from U.S. distributors 

and then have the items exported to 

Parto Abgardan in Iran, via a United 

Arab Emirates (‘‘U.A.E.’’) entity 

identified by Parto Abgardan. The 

charges referenced, inter alia, 

documentary evidence in which Parto 

Abgardan told Aqua-Loop: ‘‘Since [the 

U.S. company] can’t sell directly to Iran, 

they are OK with selling it domestically 

and then we can transfer it from US to 

Dubai and then to Iran. With your 

permission, we are going to give AquaLoop’s information to them so they can 

send you their offer’’ based on the 

technical information provided to the 

U.S. company by Parto Abgardan. The 

charging letter provided additional 

details concerning the long-running 

conspiracy between Aqua-Loop and 

Parto Abgardan, which continued from 

at least in or about June 2004, through 

at least in or about April 2005.1

Aqua-Loop settled these charges with 

BIS in March 2010, agreeing to the 

imposition of the Denial Order and to a 

$100,000 monetary penalty, with the 

monetary penalty suspended for a 

period of ten years. At the same time, 

Aqua-Loop’s co-owner and president, 

Bob Rahimzadeh, settled with BIS on 

the same terms regarding charges that he 

caused unlicensed exports and 

committed knowing violations of the 

Regulations relating to the same 

transactions.2

B. BIS’s Related Person’s Notice Letter 

and Request 

On May 21, 2010, pursuant to Section 

766.23 of the Regulations, BIS notified 

Parto Abgardan of its intent to add the 

company as a person related to AquaLoop by ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business, by letter sent in accordance 

with Sections 766.5(b) and 766.23(b). 

The letter also requested that Parto 

Abgardan provide additional 

information to BIS concerning the 

company’s structure, affiliates and 

major shareholder(s). 

As part of its request, BIS presented 

evidence of conspiracy between AquaLoop and Parto Abgardan to violate the 

Regulations. BIS also has evidence 

indicating, inter alia, that Parto 

Abgardan’s Web site identifies a ‘‘sister 

factory’’ in the United States. For 

contacts relating to the United States, 

Parto Abgardan’s Web site provides 

contact information that includes AquaLoop’s California mailing address, 

phone number, and fax number, without 

identifying Aqua-Loop separately by 

name. In contrast, Parto Abgardan’s Web 

site provides Iranian mailing address, 

phone number, and fax number as 

contact information for ‘‘all countries 

except U.S.’’ 

BIS’s submission also included 

evidence that the owner and managing 

director of Parto Abgardan in Iran, 

Mahmoud Lazemizadeh, also is a coowner of Aqua-Loop.3 Moreover, 

Mahmoud Lazemizadeh’s nephew, 

Behzad Lazemizadeh, was a mechanical 

engineer and manager of Parto 

Abgardan’s technical office before he 

was transferred to Aqua-Loop in 

California for five years. 

C. Parto Abgardan’s Response 

Mahmoud Lazemizadeh responded by 

email on Parto Abgardan’s behalf on 

June 14, 2010. He asserted that Parto 

Abgardan is an Iranian company and 

that there was ‘‘no connection of any 

kind between this company and AquaLoop cooling towers Co. [sic].’’ He also 

asserted that Parto Abgardan and AquaLoop had the same dealings with each 

other as between Parto Abgardan and 

any ‘‘other representative of other 

European or Asian companies * * *.’’ 

II. Related Persons Under Section 

766.23 

Section 766.23(a) of the Regulations 

provides that: 

In order to prevent evasion, certain types 

of orders under [Part 766] may be made 

applicable not only to the respondent, but 

also to other persons then or thereafter 

related to the respondent by ownership, 

control, position of responsibility, affiliation, 

or other connection in the conduct of trade 

or business. Orders that may be made 

applicable to related persons include those 

that deny or affect export privileges, 

including temporary denial orders, and those 

that exclude a respondent from practice 

before BIS. 

15 CFR 766.23(a). 

Section 766.23(b) provides, in 

pertinent part, that upon a finding by 

the Assistant Secretary for Export 

Enforcement that a denial order should 

be made applicable to a related person 

or persons in order to prevent evasion 

of that denial order, the Assistant 

Secretary shall issue or amend the order 

accordingly. 15 CFR 766.23(b). 

III. Findings 

BIS notified Parto Abgardan of its 

intent to add the company as a related 

person in accordance with Section 

766.23(b) of the Regulations. As 

indicated by BIS, with regard to the 

United States market, Parto Abgardan’s 

Web site directs its (potential) 

customers and others to make U.S.- 

related contacts using Aqua-Loop’s 

address in Folsom, California, and 

Aqua-Loop’s phone number and fax 

number there, whereas all contacts 

elsewhere in the world are to be made 

directly to Parto Abgardan in Iran. Parto 

Abgardan’s Web site also discusses a 

‘‘sister factory’’ in the United States, in 

further apparent reference to AquaLoop. Moreover, the record also shows 

that Parto Abgardan’s owner and 

managing director, Mahmoud 

Lazemizadeh, is a co-owner of AquaLoop, while his nephew, Behzad 

Lazemizadeh, is an employee of Parto 

Abgardan and a former employee of 

Aqua-Loop. The record thus amply 

shows that Parto Abgardan is related to 

Aqua-Loop. 

The record similarly demonstrates 

that adding Parto Abgardan to the 

Denial Order is justified in order to 

prevent evasion of that Order. I find that 

BIS has presented evidence showing 

that Parto Abgardan and Aqua-Loop 

participated in a long-running 

conspiracy to violate the Regulations. 

That evidence shows, inter alia, that 

acting in concert with Parto Abgardan, 

Aqua-Loop sourced or obtained items in 

the United States and then exported 

them or caused their export to Parto 

Abgardan in Iran, via a U.A.E. 

middleman identified by Parto 

Abgardan, without the required U.S. 

Government licenses. These actions 

included Parto Abgardan’s efforts to 

obtain a filament winding machine from 

a U.S. supplier, during which Parto 

Abgardan told Aqua-Loop: ‘‘Since they 

[the U.S. supplier] can’t sell directly to 

Iran, they are OK with selling it 

domestically and then we can transfer it 

from U.S. to Dubai and then to Iran. 

With your permission we are going to 

give Aqua-Loop’s information to them 

so they can send you their offer’’ based 

on the technical information provided 

to the U.S. company by Parto Abgardan. 

This long-running collaboration 

points to a substantial continued risk of 

diversion and evasion presented by the 

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63804 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Notices 

ongoing business relationship between 

Parto Abgardan and Aqua-Loop, which 

is highlighted by Parto Abgardan’s own 

Web site, and Mahmoud Lazemizadeh’s 

control of Parto Abgardan and his 

ownership interest in Aqua-Loop. These 

concerns are only heightened by Parto 

Abgardan’s assertions that there is no 

connection between the two entities, 

when, in fact, its owner is a co-owner 

of Aqua-Loop and its Web site, 

references a ‘‘sister factory’’ in the 

United States and lists Aqua-Loop’s 

mailing address and contact information 

in California. 

Based on the foregoing and the record 

as a whole, I find that Parto Abgardan 

is a person related to Aqua-Loop by 

‘‘ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business’’ pursuant to Section 766.23 of 

the Regulations, and that the Denial 

Order issued against Aqua-Loop should 

be made applicable to Parto Abgardan in 

order to prevent evasion of that Order. 

IV. Order 

It is therefore ordered: 

First, that Parto Abgardan Cooling 

Towers Co. (‘‘Parto Abgardan’’), located 

at the following addresses: P.O. Box 

966, Folsom, CA 95763; and P.O. Box 

19395/5478, Tehran, Iran; and No. 56 

Shaydaee St., Yakhchal St., Shariati 

Ave., Tehran (19497), Iran; and No. 56 

Sheidaei St., Yakhchal St., Dr. Shariati 

Ave., Tehran (19497), Iran; and No. 56 

Corner of Noushin Blind Alley, Sheidaei 

St., Yakhchal St., Dr. Shariati Ave., 

Tehran (19497), Iran; and No. 56 Next 

to Noushin Blind Alley, Sheidaei St., 

Yakhchal St., Dr. Shariati Ave., Tehran 

(19497), Iran; and No. 56, Corner of 

Noushin Dd. End, Sheidaie St., 

Yakhchal St., Shariati St., (19497), 

Tehran, Iran, and Parto Abgardan’s 

successors or assigns and, when acting 

for or on behalf of the Parto Abgardan, 

its officers, representatives, agents, or 

employees (Parto Abgardan and each of 

the foregoing as stated, a ‘‘Denied 

Person’’), 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 

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, 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 in accordance with the 

provisions of Section 766.23(c) of the 

Regulations, the Denied Person may, at 

any time, make an appeal related to 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. 

This Order shall be published in the 

Federal Register and a copy provided to 

the denied person. 

This Order is effective upon issuance 

and shall remain in effect until March 

25, 2020. 

Entered this 6th day of October 2010. 

David W. Mills, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2010–26117 Filed 10–15–10; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of the Census 

[Docket Number 100921463–0460–01] 

Annual Retail Trade Survey 

AGENCY: Bureau of the Census, 

Department of Commerce. 

ACTION: Notice of determination. 

SUMMARY: The United States Department 

of Commerce’s Bureau of the Census 

(Census Bureau) publishes this notice to 

announce that the Director of the 

Census Bureau has determined the need 

to conduct the 2010 Annual Retail 

Trade Survey (ARTS). ARTS covers 

employer firms with establishments 

located in the United States and 

classified in the Retail Trade and/or 

Accommodation and Food Services 

sectors as defined by the 2002 North 

American Industry Classification 

System (NAICS). Through this survey, 

the Census Bureau will collect data 

covering annual sales, annual ecommerce sales, year-end inventories 

held inside and outside the United 

States, total operating expenses, 

purchases, accounts receivables, and, 

for selected industries, merchandise line 

sales, percent of sales by class of 

customer, and percent of e-commerce 

sales to customers located outside the 

United States. These data are collected 

to provide a sound statistical basis for 

the formation of policy by various 

government agencies. Results will be 

available for use for a variety of public 

and business needs such as economic 

and market analysis, company 

performance, and forecasting future 

demand. 

ADDRESSES: The Census Bureau will 

provide report forms to businesses 

included in the survey. Additional 

copies are available upon written 

request to the Director, U.S. Census 

Bureau, Washington, DC 20233–0101. 

FOR FURTHER INFORMATION CONTACT: 

Aneta Erdie, Service Sector Statistics 

Division, at (301) 763–4841 or by e-mail 

at aneta.erdie@census.gov. 

SUPPLEMENTARY INFORMATION: Sections 

182, 224, and 225 of Title 13 of the 

United States Code authorize the Census 

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