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Federal Register / Vol. 72, No.

116 / Monday, June 18, 2007 / Notices 33447

written authorization for such an export. A. Applying for, obtaining, or using position of responsibility in the conduct
In addition, Durrani was also found any license, License Exception, or of trade or related services may also be
guilty on one count of conspiracy. export control document; made subject to the provisions or this
Durrani was sentenced to 150 months B. Carrying on negotiations Order.
imprisonment followed by three years of concerning, or ordering, buying, IV. This Order does not prohibit any
supervised released. receiving, using, selling, delivering, export, reexport, or other transaction
Section 11(h) of the Export storing, disposing of, forwarding, subject to the Regulations where the
Administration Act of 1979, as amended transporting, financing, or otherwise only items involved that are subject to
(currently codified at 50 U.S.C. app. servicing in any way, any transaction the Regulations are the foreign-
2401–2420 (2000)) (‘‘Act’’) 1 and involving any item exported or to be produced direct product of U.S.-origin
§ 766.25 of the Export Administration exported from the United States that is technology.
Regulations 2 (‘‘Regulations’’) provide, subject to the Regulations, or in any V. This Order is effective immediately
in pertinent part, that ‘‘[t]he Director of other activity subject to the Regulations; and shall remain in effect until June 5,
Exporter Services, in consultation with or 2015.
the Director of the Office of Export C. Benefiting in any way from any VI. In accordance with Part 756 of the
Enforcement, may deny export transaction involving any item exported Regulations, Durrani may file an appeal
privileges of any person who has been or to be exported from the United States of this Order with the Under Secretary
convicted of a violation of * * * that is subject to the Regulations, or in of Commerce for Industry and Security.
Section 38 of the Arms Export Control any other activity subject to the The appeal must be filed within 45 days
Act,’’ for a period not to exceed 10 years Regulations. from the date of this Order and must
from the date of conviction. 15 CFR II. No person may, directly or comply with the provisions of Part 756
766.25(a) and (d). In addition, § 750.8 of indirectly, do any of the following: of the Regulations.
the Regulations states that BIS’s Office A. Export or reexport to or on behalf VII. A copy of this Order shall be
of Exporter Services may revoke any BIS of the Denied Person any item subject to delivered to Durrani. This Order shall
licenses previously issued in which the the Regulations; be published in the Federal Register.
person had an interest at the time of his B. Take any action that facilitates the
Dated: June 9, 2007.
conviction. acquisition or attempted acquisition by
Eileen M. Albanese,
I have received notice of Durrani’s the Denied Person of the ownership,
possession, or control of any item Director, Office of Exporter Services.
conviction for violating the AECA, and
have provided notice and an subject to the Regulations that has been [FR Doc. 07–2981 Filed 6–15–07; 8:45 am]
opportunity for Durrani to make a or will be exported from the United BILLING CODE 3510–DT–M

written submission to the Bureau of States, including financing or other


Industry and Security as provided in support activities related to a
§ 766.25 of the Regulations. Having transaction whereby the Denied Person DEPARTMENT OF COMMERCE
received no submission from Durrani, I, acquires or attempts to acquire such International Trade Administration
following consultations with the Office ownership, possession or control;
of Export Enforcement, including its C. Take any action to acquire from or [A–570–893]
Director, have decided to deny Durrani’s to facilitate the acquisition or attempted
export privileges under the Regulations acquisition from the Denied Person of Certain Frozen Warmwater Shrimp
for a period of ten years from the date any item subject to the Regulations that from the People’s Republic of China:
of Durrani’s conviction. has been exported from the United Notice of Final Results of Changed
Accordingly, it is hereby Ordered: States; Circumstances Review
I. Until June 5, 2015, Arif Ali Durrani, D. Obtain from the Denied Person in AGENCY: Import Administration,
Registration #09027–014, Victorville the United States any item subject to the International Trade Administration,
Medium I, Federal Correctional Regulations with knowledge or reason Department of Commerce.
Institute, P.O. Box 5300, Adelanto, CA to know that the item will be, or is SUMMARY: The Department of Commerce
92301, and when acting for or on behalf intended to be, exported from the (the ‘‘Department’’) has determined that
of Durrani, his representatives, assigns, United States; or Hilltop International (‘‘Hilltop’’) is the
agents, or employees, (collectively E. Engage in any transaction to service successor–in-interest to Yelin Enterprise
referred to hereinafter as the ‘‘Denied any item subject to the Regulations that Co. Hong Kong (‘‘Yelin’’). As a result,
Person’’) may not, directly or indirectly, has been or will be exported from the Hilltop should receive the same
participate in any way in any United States and which is owned, antidumping duty treatment with
transaction involving any commodity, possessed or controlled by the Denied respect to certain frozen warmwater
software or technology (hereinafter Person, or service any item, of whatever shrimp from the People’s Republic of
collectively referred to as ‘‘item’’) origin, that is owned, possessed or China (‘‘PRC’’) as Yelin, as of the date
exported or to be exported from the controlled by the Denied Person if such of publication of this notice in the
United States that is subject to the service involves the use of any item Federal Register.
Regulations, or in any other activity subject to the Regulations that has been
EFFECTIVE DATE: June 18, 2007.
subject to the Regulations, including, or will be exported from the United
but not limited to: FOR FURTHER INFORMATION CONTACT: Erin
States. For purposes of this paragraph,
servicing means installation, Begnal or Scot Fullerton, AD/CVD
1 Since August 21, 2001, the Act has been in lapse
maintenance, repair, modification or Operations, Office 9, Import
and the President, through Executive Order 13222
testing. Administration, International Trade
of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), Administration, U.S. Department of
as extended by the Notice of August 3, 2006 (71 FR III. After notice and opportunity for
jlentini on PROD1PC65 with NOTICES

44551, August 7, 2006), has continued the comment as provided in section 766.203 Commerce, 1401 Constitution Avenue,
Regulations in effect under the International of the Regulations, any other person, NW, Washington, DC 20230; telephone:
Emergency Economic Powers Act (50 U.S.C. 1701–
firm, corporation, or business 202–482–1442 or 202–482–1386,
1706 (2000)) (‘‘IEEPA’’). respectively.
2 The Regulations are currently codified at 15 CFR organization related to ARIF Ali Durrani
parts 730–774 (2007). by affiliation, ownership, control, or SUPPLEMENTARY INFORMATION:

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33448 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices

Background As a result, the Department investigation. In addition, food


The antidumping duty order for preliminarily determined that Hilltop preparations, which are not ‘‘prepared
certain frozen warmwater shrimp from should receive the same antidumping meals,’’ that contain more than 20
the PRC was published on February 1, duty treatment with respect to certain percent by weight of shrimp or prawn
2005. See Notice of Amended Final frozen warmwater shrimp from the PRC are also included in the scope of this
Determination of Sales at Less Than as Yelin. In the Preliminary Results, we investigation.
stated that interested parties could Excluded from the scope are: (1)
Fair Value and Antidumping Duty
request a hearing or submit case briefs Breaded shrimp and prawns (HTS
Order: Certain Frozen Warmwater
and/or written comments to the subheading 1605.20.10.20); (2) shrimp
Shrimp From the People’s Republic of
Department no later than 30 days after and prawns generally classified in the
China, 70 FR 5149 (February 1, 2005)
publication of the Preliminary Results Pandalidae family and commonly
(‘‘PRC Shrimp Order’’). As part of the
notice in the Federal Register, and referred to as coldwater shrimp, in any
antidumping duty order on certain
submit rebuttal briefs, limited to the state of processing; (3) fresh shrimp and
frozen warmwater shrimp from the PRC, prawns whether shell–on or peeled
issues raised in the case briefs, five days
Yelin received a separate rate of 82.27 (HTS subheadings 0306.23.00.20 and
subsequent to the due date of the case
percent. Id. at 70 FR at 5151. Moreover, 0306.23.00.40); (4) shrimp and prawns
briefs. See Preliminary Results, 72 FR at
as part of the preliminary results of the in prepared meals (HTS subheading
24275. However, we did not receive any
first administrative review, Yelin 1605.20.05.10); (5) dried shrimp and
hearing requests or comments on the
preliminarily received a separate rate of prawns; (6) Lee Kum Kee’s shrimp
Preliminary Results.
0.00 percent. See Certain Frozen sauce; (7) canned warmwater shrimp
Warmwater Shrimp From the People’s Scope of Order and prawns (HTS subheading
Republic of China: Preliminary Results The scope of this order includes 1605.20.10.40); (8) certain dusted
and Partial Rescission of the 2004/2006 certain frozen warmwater shrimp and shrimp; and (9) certain battered shrimp.
Administrative Review and Preliminary prawns, whether wild–caught (ocean Dusted shrimp is a shrimp–based
Intent To Rescind 2004/2006 New harvested) or farm–raised (produced by product: (1) That is produced from fresh
Shipper Review, 72 FR 10645 (March 9, aquaculture), head–on or head–off, (or thawed–from-frozen) and peeled
2007). shell–on or peeled, tail–on or tail–off,2 shrimp; (2) to which a ‘‘dusting’’ layer
On March 16, 2007, Yelin filed a deveined or not deveined, cooked or of rice or wheat flour of at least 95
submission requesting that the raw, or otherwise processed in frozen percent purity has been applied; (3)
Department conduct a changed form. with the entire surface of the shrimp
circumstances review of the The frozen warmwater shrimp and flesh thoroughly and evenly coated with
antidumping duty order on certain prawn products included in the scope of the flour; (4) with the non–shrimp
frozen warmwater shrimp from the PRC this investigation, regardless of content of the end product constituting
to confirm that Hilltop is the successor– definitions in the Harmonized Tariff between four and 10 percent of the
in-interest to Yelin.1 In its submission, Schedule of the United States (‘‘HTS’’), product’s total weight after being
Yelin provided information on the are products which are processed from dusted, but prior to being frozen; and (5)
events leading to the transition from warmwater shrimp and prawns through that is subjected to individually quick
Yelin to Hilltop. Yelin also provided freezing and which are sold in any frozen (‘‘IQF’’) freezing immediately
documentation relating to the change in count size. after application of the dusting layer.
name to Hilltop and documentation The products described above may be Battered shrimp is a shrimp–based
relating to the share transfer from Yelin, processed from any species of product that, when dusted in
to its partners, to Hilltop, to carry on the warmwater shrimp and prawns. accordance with the definition of
business of Yelin. In addition, Yelin Warmwater shrimp and prawns are dusting above, is coated with a wet
provided documentation relating to the generally classified in, but are not viscous layer containing egg and/or
ownership structure and management, limited to, the Penaeidae family. Some milk, and par–fried.
organizational structure, customer base, examples of the farmed and wild– The products covered by this
accounting processes, supplier caught warmwater species include, but investigation are currently classified
relationships, products, and pricing. As are not limited to, white–leg shrimp under the following HTS subheadings:
part of its March 16, 2007, submission, (Penaeus vannemei), banana prawn 0306.13.00.03, 0306.13.00.06,
Yelin also requested that the (Penaeus merguiensis), fleshy prawn 0306.13.00.09, 0306.13.00.12,
Department conduct an expedited (Penaeus chinensis), giant river prawn 0306.13.00.15, 0306.13.00.18,
changed circumstances review. (Macrobrachium rosenbergii), giant tiger 0306.13.00.21, 0306.13.00.24,
On May 2, 2007, the Department prawn (Penaeus monodon), redspotted 0306.13.00.27, 0306.13.00.40,
published the initiation and preliminary shrimp (Penaeus brasiliensis), southern 1605.20.10.10, and 1605.20.10.30. These
results of this changed circumstances brown shrimp (Penaeus subtilis), HTS subheadings are provided for
review and preliminarily determined southern pink shrimp (Penaeus convenience and for customs purposes
that Hilltop is the successor–in-interest notialis), southern rough shrimp only and are not dispositive, but rather
to Yelin. See Certain Frozen Warmwater (Trachypenaeus curvirostris), southern the written description of the scope of
Shrimp from the People’s Republic of white shrimp (Penaeus schmitti), blue this investigation
China: Notice of Initiation and shrimp (Penaeus stylirostris), western is dispositive.
Preliminary Results of Changed white shrimp (Penaeus occidentalis),
Circumstances Review, 72 FR 24273 Final Results of Changed
and Indian white prawn (Penaeus Circumstances Review
(May 2, 2007) (‘‘Preliminary Results’’). indicus).
Frozen shrimp and prawns that are Based on the information provided by
jlentini on PROD1PC65 with NOTICES

1 See Letter from Yelin, to the Department,


packed with marinade, spices or sauce Hilltop/Yelin, and the fact that the
regarding Request for Expedited Changed Department did not receive any
Circumstances Determination, Certain Frozen and are included in the scope of this
Canned Warmwater Shrimp from China (Case No.
comments during the comment period
A-570-848) (March 16, 2007) (‘‘Yelin’s CCR 2 ‘‘Tails’’ in this context means the tail fan, which following the preliminary results of this
Request’’). includes the telson and the uropods. changed circumstances review, the

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Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Notices 33449

Department hereby determines that strategic planning, education and revised draft NOAA 5-Year Research
Hilltop is the successor–in-interest to extension, science and technology Plan for public comment. The Research
Yelin for antidumping duty cash deposit programs, and other matters as Plan is revised to update it for 2007–
purposes. described below: 2011.
DATES: The announced meeting is DATES: Comments on this draft
Instructions to U.S. Customs and
Border Protection scheduled for: Tuesday, June 26, 2007. document must be submitted by 5 p.m.
ADDRESSES: Conference Call. Public EDT on July 18, 2007.
The Department will instruct U.S. access is denied however the call will ADDRESSES: The draft NOAA 5-Year
Customs and Border Protection (‘‘CBP’’) occur at SSMC Bldg 3, Room #11716, Research Plan will be available on the
to suspend liquidation of all shipments 1315 East-West Highway, Silver Spring, NOAA Research Council Web site at
of the subject merchandise produced MD. http://www.nrc.noaa.gov/plans.html.
and exported by Hilltop entered, or FOR FURTHER INFORMATION CONTACT: Mr. The public is encouraged to submit
withdrawn from warehouse, for Joseph Brown, National Sea Grant comments electronically to
consumption, on or after the publication College Program, National Oceanic and noaa.review.5year@noaa.gov. For
date of this notice and apply a cash Atmospheric Administration, 1315 East- individuals who do not have access to
deposit rate of 82.27 percent (i.e., West Highway, Room 11717, Silver a computer, comments may be
Yelin’s cash deposit rate). See PRC Spring, Maryland 20910, (301)734– submitted in writing to: NOAA Research
Shrimp Order at 70 FR at 5151. This 1088. Council, c/o Mr. Derek Parks, Silver
deposit rate shall remain in effect until Spring Metro Center Bldg. 3, Room
publication of the final results of the SUPPLEMENTARY INFORMATION: The Panel,
which consists of a balanced 11335, R/PPE, 1315 East-West Highway,
ongoing 2004/2006 administrative Silver Spring, Maryland 20910.
review, in which Yelin is a participant. representation from academia, industry,
state government and citizens groups, FOR FURTHER INFORMATION CONTACT: Mr.
This notice also serves as a reminder
was established in 1976 by Section 209 Derek Parks, Silver Spring Metro Center
to parties subject to administrative
of the Sea Grant Improvement Act (Pub. Bldg. 3, Room 11335, R/PPE, 1315 East-
protective orders (‘‘APOs’’) of their
L. 94–461, 33 U.S.C. 1128). The Panel West Highway, Silver Spring, Maryland
responsibility concerning the
advises the Secretary of Commerce and 20910. (Phone: 301–734–1186, Fax:
disposition of proprietary information
the Director of the National Sea Grant 301–713–0158, e-mail:
disclosed under APO in accordance
College Program with respect to Derek.Parks@noaa.gov), during normal
with section 351.306 of the business hours of 9 a.m. to 5 p.m.
Department’s regulations. Timely operations under the Act, and such
other matters as the Secretary refers to Eastern Time, Monday through Friday,
written notification of the return/ or visit the NOAA Research Council
destruction of APO materials or them for review and advice. The agenda
for the meeting is as follows: Web site at: http://www.nrc.noaa.gov.
conversion to judicial protective order is
SUPPLEMENTARY INFORMATION: NOAA is
hereby requested. Failure to comply Tuesday, June 26, 2007—2 to 3:30 p.m.
with the regulations and terms of an publishing this notice to announce the
APO is a sanctionable violation. Agenda availability of the draft NOAA 5-Year
This notice is in accordance with Research Plan Draft for public comment.
I. New Jersey Sea Grant Special Review
sections 751(b) and 777(i)(1) of the The NOAA Research Council is seeking
Team Update
Tariff Act of 1930, as amended, and II. Review Logistics for Annual Fall public comment from all interested
section 351.216(e) of the Department’s Meeting parties. The NOAA 5-Year Research
regulations. This meeting is closed to the public Plan Draft is being issued for comment
based upon Sunshine Act, 5 U.S.C. only and is not intended for interim use.
Dated: June 11, 2007. Suggested changes will be incorporated
552b(c)(6).
Joseph A. Spetrini, where appropriate, and the final
Deputy Assistant Secretaryfor Import Dated: June 13, 2007. document will be posted on the NOAA
Administration. Terry Bevels, Research Council Web site.
[FR Doc. E7–11709 Filed 6–15–07; 8:45 am] Deputy Chief Financial Officer, Office of The NOAA 5-Year Research Plan is
BILLING CODE 3510–DS–S
Oceanic and Atmospheric Research, National being revised by the NOAA Research
Oceanic and Atmospheric Administration. Council to update the original NOAA 5-
[FR Doc. E7–11696 Filed 6–15–07; 8:45 am] Year Research Plan, published in
DEPARTMENT OF COMMERCE BILLING CODE 3510–KA–P January 2005. The revisions reflect the
evolution of NOAA’s research activities
National Oceanic and Atmospheric and priorities since the document’s
Administration DEPARTMENT OF COMMERCE original publication. The draft NOAA 5-
National Oceanic and Atmospheric Year Research Plan is consistent with
National Sea Grant Review Panel
Administration the NOAA Strategic Plan and the NOAA
AGENCY: National Oceanic and 20-Year Research Vision.
Atmospheric Administration, [Docket Number: 070327071–7070–01] The draft NOAA 5-Year Research Plan
Department of Commerce. frames research in NOAA within the
Draft Revision of the NOAA Five-Year context of societal needs and by
ACTION: Notice of public meeting.
Research Plan establishing overarching research
SUMMARY: This notice sets forth the AGENCY: National Oceanic and questions encompassing critical
schedule and proposed agenda of a Atmospheric Administration (NOAA), environmental challenges facing the
forthcoming meeting of the Sea Grant Department of Commerce (DOC). United States today and in the future.
jlentini on PROD1PC65 with NOTICES

Review Panel. The meeting will have ACTION: Notice of availability and This plan explicitly states priority
two main purposes. Panel members will request for public comment. research areas for the short term and the
discuss and provide advice on the milestones by which NOAA intends to
National Sea Grant College Program in SUMMARY: NOAA publishes this notice measure progress within these areas.
the areas of program evaluation, to announce the availability of the Significant changes in this revision of

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