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10356 Federal Register / Vol. 70, No.

41 / Thursday, March 3, 2005 / Notices

and record of the case as described in Items to Iran: From on or about July 15, transporting, financing, or otherwise
section 766.22 of the Regulations. 2002, to on or about January 28, 2003, servicing in any way, any transaction
Seventh, that this Order shall be CIC solicited the export of gas processor involving any item exported or to be
served on the Denied Person and on parts, items subject both to the exported from the United States that is
BIS, and shall be published in the Regulations (EAR99 3) and the Iranian subject to the Regulations, or in any
Federal Register. Transactions Regulations of the other activity subject to the Regulations;
This Order, which constitutes the final Treasury Department’s Office of Foreign or
agency action in this matter, is effective Assets Control (‘‘OFAC’’) and located in C. Benefitting in any way from any
immediately. the United States, to Iran through the transaction involving any item exported
Entered this 24th day of February, 2005. Netherlands without the authorization or to be exported from the United States
Wendy L. Wysong, from OFAC required by section 746.7 of that is subject to the Regulations, or in
Acting Assistant Secretary of Commerce for the Regulations. any other activity subject to the
Export Enforcement. 2. One Violation of 15 CFR 764.2(e)— Regulations.
[FR Doc. 05–4057 Filed 3–2–05; 8:45 am] Acting with Knowledge of a Violation: Second, that no person may, directly
In connection with the solicitation or indirectly, do any of the following:
BILLING CODE 3510–DT–M
referenced in paragraph 1 above, CIC A. Export or reexport to or on behalf
ordered the above-described items with of the Denied Person any item subject to
DEPARTMENT OF COMMERCE knowledge that a violation of the the Regulations;
Regulations was intended to occur in B. Take any action that facilitates the
Bureau of Industry and Security connection with the items. acquisition or attempted acquisition by
3. One Violation of 15 CFR 764.2(h)— the Denied Person of the ownership,
[03–BIS–13] possession, or control of any item
Attempting To Evade the Provisions of
the Regulations: In connection with the subject to the Regulations that has been
Action Affecting Export Privileges;
solicitation referenced in paragraph 1 or will be exported from the United
Chemical Industries Consolidated B.V.
above, CIC took action with the intent States, including financing or other
In the Matter of: Chemical Industries
to evade the Regulations by urging the support activities related to a
Consolidated b.v., Westboschlaan,
purported exporter to ship the items in transaction whereby the Denied Person
151A, 2265 EN Leidschendam, The
question to the Netherlands from the acquires or attempts to acquire such
Netherlands, Respondent; Order
United States, with the understanding ownership, possession or control;
Relating to Chemical Industries C. Take any action to acquire from or
Consolidated B.V. that CIC would subsequently ship the
items to Iran (a destination requiring an to facilitate the acquisition or attempted
The Bureau of Industry and Security, export license for these items). acquisition from the Denied Person of
U.S. Department of Commerce (‘‘BIS’’) Whereas, BIS and CIC have entered any item subject to the Regulations that
having initiated an administrative into a Settlement Agreement pursuant to has been exported from the United
proceeding against Chemical Industries section 766.18(b) of the Regulations States;
Consolidated b.v. (‘‘CIC’’), pursuant to whereby they agreed to settle this matter D. Obtain from the Denied Person in
section 766.3 of the Export in accordance with the terms and the United States any item subject to the
Administration Regulations (currently conditions set forth therein; and Regulations with knowledge or reason
codified at 15 CFR parts 730–774 Whereas, I have approved of the terms to know that the item will be, or is
(2004)) (‘‘Regulations’’),1 and section of such Settlement Agreement; It is intended to be, exported from the
13(c) of the Export Administration Act therefore ordered: United States; or
of 1979, as amended (50 U.S.C. app. First, that for a period of five years E. Engage in any transaction to service
2401–2420 (2000)) (‘‘Act’’),2 by issuing from the date of entry of this Order, any item subject to the Regulations that
a charging letter to CIC that alleged that Chemical Industries Consolidated b.v., has been or will be exported from the
CIC committed three violations of the 151A, 2265 EN Leidschendam, The United States and which is owned,
Regulations. Specifically, the charges Netherlands, its successors or assigns, possessed or controlled by the Denied
are: and when acting for or on behalf of CIC, Person, or service any item, of whatever
1. One Violation of 15 CFR 764.2(c)— its officers, representatives, agents, or origin, that is owned, possessed or
Solicitation of the Unlicensed Export of employees (‘‘Denied Person’’) may not, controlled by the Denied Person if such
directly or indirectly, participate in any service involves the use of any item
1 The charged violations occurred in 2002 and
way in any transaction involving any subject to the Regulations that has been
2003. The Regulations governing the violations at
commodity, software, or technology or will be exported from the United
issue are found in the 2002 and 2003 versions of States. For purposes of this paragraph,
the Code of Federal Regulations (15 CFR parts 730– (hereinafter collectively referred to as
774 (2002–2003)). The 2004 Regulations establish ‘‘item’’) exported or to be exported from servicing means installation,
the procedures that apply to this matter. the United States that is subject to the maintenance, repair, modification or
2 From August 21, 1994, through November 12,
Regulations, or in any other activity testing.
2000, the Act was in lapse. During that period, the Third, that, after notice and
President, through Executive Order 12924, which subject to the Regulations, including,
opportunity for comment as provided in
had been extended by successive Presidential but not limited to:
Notices, the last of which was August 3, 2000 (3 A. Applying for, obtaining, or using section 766.23 of the Regulations, any
CFR, 2000 Comp. 397 (2001)), continued the any license, License Exception, or person, firm, corporation, or business
Regulations in effect under the International
export control document; organization related to CIC by
Emergency Economic Powers Act (50 U.S.C. 1701– affiliation, ownership, control, or
1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the B. Carrying on negotiations
Act was reauthorized and it remained in effect concerning, or ordering, buying, position of responsibility in the conduct
through August 20, 2001. Since August 21, 2001, receiving, using, selling, delivering, of trade or related services may also be
the Act has been in lapse and the President, through
storing, disposing of, forwarding, made subject to the provisions of the
Executive Order 13222 of August 17, 2001 (3 CFR, Order.
2001 Comp 783 (2002)), as extended by the Notice
of August 6, 2004 (69 FR 48763, August 10, 2004), 3 The term ‘‘EAR99’’ refers to items subject to the Fourth, that this Order does not
has continued the Regulations in effect under the Regulations that are not listed on the Commerce prohibit any export, reexport, or other
IEEPA. Control List. See 15 CFR 734.3(c). transaction subject to the Regulations

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Federal Register / Vol. 70, No. 41 / Thursday, March 3, 2005 / Notices 10357

where the only items involved that are tissues from the liver, intestine, lung, Application accepted by Commissioner
subject to the Regulations are the muscle as well as the immune system to of Customs: February 15, 2005.
foreign-produced direct product of U.S.- support translational research which Docket Number: 05–010. Applicant:
origin technology. will lead to novel therapies for disease Tuskegee University, 209 Kresge
Fifth, that a copy of this Order shall in NIH funded research. It will also be Building, Tuskegee University,
be delivered to the United States Coast used for individual training of graduate Tuskegee, AL 36088. Instrument:
Guard ALJ Docketing Center, 40 Gay students, fellows and clinical residents Electron Microscope, Model JEM–2010.
Street, Baltimore, Maryland 21202– in independent NIH sponsored research Manufacturer: Jeol, Ltd., Japan.
4022, notifying that office that this case programs. Application accepted by Intended Use: The instrument is
is withdrawn from adjudication, as Commissioner of Customs: February 9, intended to be used to study shape, size,
provided by section 766.18 of the 2005. agglomeration, crystalline nature, and
Regulations. Docket Number: 05–007. Applicant: particle distribution in polymer
Sixth, that the charging letter, the Clemson University, 903 Jordan Hall, matrices using metal, metal oxide and
Settlement Agreement, and this Order Clemson University, Clemson, SC metal carbide nanoparticles embedded
shall be made available to the public 29634. Instrument: Electron Microscope, in the matrices. The microscope will
and record of the case as described in Model H–7600. Manufacturer: Hitachi also be used in the education and
section 766.22 of the Regulations. High-Technologies Corp., Japan. training of graduate students in
Seventh, that this Order shall be Intended Use: The instrument is materials science with an emphasis on
served on the Denied Person and on intended to be used to study: nanostructures. Application accepted by
BIS, and shall be published in the (1) Cell structure of biological samples Commissioner of Customs: February 15,
Federal Register. including grain structure and boundary 2005.
This Order, which constitutes the interactions.
final agency action in this matter, is Gerald A. Zerdy,
(2) The effects of temperature Program Manager, Statutory Import Programs
effective immediately. variation and heat treating of materials Staff.
Entered this 24th day of February, 2005. in the formation of carbon nanotubes [FR Doc. E5–861 Filed 3–2–05; 8:45 am]
Wendy L. Wysong, and protein migration in oysters. BILLING CODE 3510–DS–P
Acting Assistant Secretary of Commerce for (3) Development of new materials and
Export Enforcement. processes.
[FR Doc. 05–4056 Filed 3–2–05; 8:45 am] (4) Ultra thin section evaluation via DEPARTMENT OF COMMERCE
BILLING CODE 3510–DT–M TEM microscopy.
Application accepted by International Trade Administration
Commissioner of Customs: February 10, [C–475–823]
DEPARTMENT OF COMMERCE 2005.
Docket Number: 05–008. Applicant: Stainless Steel Plate in Coils from
International Trade Administration Rice University, 6100 Main Street, Italy; Final Results of the Full Sunset
Houston, TX 77005. Instrument: Review of the Countervailing Duty
Applications for Duty-Free Entry of Electron Microscope, Model JEM–1230. Order
Scientific Instruments Manufacturer: JEOL Ltd., Japan.
Intended Use: The instrument is AGENCY: Import Administration,
Pursuant to section 6(c) of the
intended to be used to investigate the International Trade Administration,
Educational, Scientific and Cultural
microstructures and properties of Department of Commerce.
Materials Importation Act of 1966 (Pub. SUMMARY: On April 1, 2004, the
L. 89–651; 80 Stat. 897; 15 CFR part nanomaterials as well as biological
materials and other types of materials at Department of Commerce (‘‘the
301), we invite comments on the Department’’) initiated a sunset review
question of whether instruments of high levels of resolution and contrast.
Cryo-techniques will be used for sample of the countervailing duty (‘‘CVD’’)
equivalent scientific value, for the order on stainless steel plate in coils
purposes for which the instruments preparations with biological materials.
The microscope will also be used for the (‘‘SSPC’’) from Italy pursuant to section
shown below are intended to be used, 751(c) of the Tariff Act of 1930, as
are being manufactured in the United training of undergraduate and graduate
students. Application accepted by amended (‘‘the Act’’). See Initiation of
States. Five-Year (Sunset) Reviews, 69 FR
Comments must comply with 15 CFR Commissioner of Customs: February 11,
2005. 17129 (April 1, 2004). On the basis of
301.5(a)(3) and (4) of the regulations and
Docket Number: 05–009. Applicant: a notice of intent to participate and an
be filed within 20 days with the
Rice University, 6100 Main Street, adequate substantive response filed on
Statutory Import Programs Staff, U.S.
Houston, TX 77005. Instrument: behalf of the interested parties, the
Department of Commerce, Washington,
Electron Microscope, Model JEM 2100– Department conducted a full (240-day)
DC 20230. Applications may be
F. Manufacturer: JEOL, Ltd., japan. sunset review. As a result of this review,
examined between 8:30 a.m. and 5 p.m.
Intended Use: The instrument is the Department finds that revocation of
in Suite 4100W, U.S. Department of
intended to be used to investigate the the CVD order would likely lead to
Commerce, Franklin Court Building,
microstructures and properties of continuation or recurrence of subsidies
1099 14th Street, NW., Washington, DC.
Docket Number: 05–006. Applicant: nanomaterials as well as biological at the levels indicated in the ‘‘Final
University of Pittsburgh, S224 materials and other types of materials at Results of Review’’ section of this
Biomedical Science Tower, 3550 high levels of resolution and contrast. notice.
Terrace Street, Pittsburgh, PA 15261. Cryo-techniques will be used for sample EFFECTIVE DATE: March 3, 2005.
Instrument: Electron Microscope, Model preparations with biological materials, FOR FURTHER INFORMATION CONTACT:
JEM–1011. Manufacturer: JEOL, Ltd., for which the microscope will be Hilary Sadler, Esq., Office of Policy for
Japan. Intended Use: The instrument is primarily used. The microscope will Import Administration, International
intended to be used to perform diverse also be used for the training of Trade Administration, U.S. Department
structural studies of cells including undergraduate and graduate students. of Commerce, 14th Street and

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