42652 Federal Register / Vol. 69, No. 136 / Friday, July 16, 2004 / Notices

data via diskette or CD–ROM or submit they also will become a matter of public SUPPLEMENTARY INFORMATION: their response data via the Internet. record. Background The instrument will include inquiries Dated: July 12, 2004. on ownership or control by a domestic In administering export controls Madeleine Clayton, parent, ownership or control by a under the Export Administration foreign parent, and ownership of foreign Office of the Chief Information Officer. Regulations (15 CFR parts 730 to 774) affiliates. Further, the instrument will [FR Doc. 04–16134 Filed 7–15–04; 8:45 am] (EAR), BIS carries out a number of list an inventory of establishments BILLING CODE 3510–07–P preventive enforcement activities with belonging to the company and its respect to individual export subsidiaries, and will request updates to transactions. Such activities are DEPARTMENT OF COMMERCE these inventories, including additions, intended to assess diversion risks, identify potential violations, verify end- deletions, and changes to information Bureau of Industry and Security on EIN, name and address, industrial uses, and determine the suitability of classification, payroll, end-of-year [Docket No. 040706200–4200–01] end-users to receive U.S. commodities operating status, mid-March or technology. In carrying out these employment, first quarter payroll, and Addition of Persons to the Unverified activities, BIS officials, or officials of annual payroll. List, Guidance To Exporters as to ‘‘Red other federal agencies acting on BIS’s Additionally, the Census Bureau will Flags,’’ and Criteria for Listing of behalf, selectively conduct pre-license ask certain questions in the 2004–2006 Unverified Persons in Foreign checks (‘‘PLCs’’) to verify the bona fides COS in order to enhance content. We Countries of the transaction and the suitability of the end-user or ultimate consignee. In will include questions on leased AGENCY: Bureau of Industry and addition, such officials sometimes carry employees working in the company and Security, Commerce. out post-shipment verifications questions on research and development ACTION: Notice. activities performed by the company. (‘‘PSVs’’) to ensure that U.S. exports SUMMARY: On June 14, 2002, the Bureau have actually been delivered to the III. Data of Industry and Security (‘‘BIS’’) authorized end-user, are being used in OMB Number: 0607–0444. published a notice in the Federal a manner consistent with the terms of a Form Number: NC–99001 and NC– Register establishing a list of persons in license or license exception, and are 99007 (for single-location companies). foreign countries who were parties to otherwise consistent with the EAR. Type of Review: Regular submission. past export transactions where pre- A. Inclusion of Persons on the Affected Public: Businesses and not- license checks or post-shipment Unverified List for-profit institutions. verifications could not be conducted for Estimated Number of Respondents: In certain instances BIS officials, or reasons outside the control of the U.S. other federal officials acting on BIS’s 65,000 enterprises. Government (‘‘Unverified List’’). See 67 Estimated Time per Response: 2.09 behalf, have been unable to perform a FR 40910. That notice also advised PLC or PSV with respect to certain hours. exporters that the involvement of a Estimated Total Annual Burden export control transactions, for reasons listed person as a party to a proposed outside the control of the U.S. Hours: 135,917. transaction constitutes a ‘‘red flag’’ as Estimated Total Annual Cost: Government (including a lack of described in the guidance set forth in Included in the total annual cost of the cooperation by the host government Supplement No. 3 to 15 CFR part 732. BR, which is estimated to be $10.9 authority, the end-user, or the ultimate Under that guidance, the ‘‘red flag’’ million for fiscal year 2004. consignee). As a result, certain foreign requires heightened scrutiny by the Respondent’s Obligation: Mandatory. end-users and consignees involved in exporter (and others involved in the Legal Authority: Title 13 of United such transactions have been listed on transaction) before proceeding with a States Code, Sections 182, 195, 224, and the Unverified List. transaction in which a listed person is 225. This notice advises exporters and a party. Since that time, BIS has issued other persons that the Unverified List IV. Request for Comments subsequent notices that added persons will now also include persons involved Comments are invited on: (a) Whether to and removed them from the in export transactions where BIS has not the proposed collection of information Unverified List, as circumstances been able to verify the existence or is necessary for the proper performance warranted. This notice advises exporters authenticity of the end user, of the functions of the agency, including that the Unverified List will now also intermediate consignee, ultimate whether the information shall have include persons in foreign countries in consignee, or other party to an export practical utility; (b) the accuracy of the situations where BIS is not able to verify transaction. This could include agency’s estimate of the burden the existence or authenticity of the end situations where the end-users or (including hours and cost) of the user, intermediate consignee, ultimate consignees are merely post-office boxes, proposed collection of information; (c) consignee, or other party to an export drop shipment points, or front ways to enhance the quality, utility, and transaction. This notice also adds five companies. clarity of the information to be persons to the Unverified List and The inability of BIS to verify the collected; and (d) ways to minimize the advises exporters that the involvement nature of the activities, or suitability of burden of the collection of information of these persons as a party to a proposed any end-user or consignee involved in on respondents, including through the transaction constitutes a ‘‘red flag.’’ an export transaction can raise concerns use of automated collection techniques DATES: This notice is effective July 16, about the bona fides of such person, and or other forms of information 2004. that person’s suitability for participation technology. FOR FURTHER INFORMATION CONTACT: in future transactions subject to the Comments submitted in response to Thomas W. Andrukonis, Office of EAR. Accordingly, BIS continues to this notice will be summarized and/or Enforcement Analysis, Bureau of advise the exporting community that the included in the request for OMB Industry and Security, Telephone: (202) participation of a person on the approval of this information collection; 482–4255. Unverified List in any proposed

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transaction will be considered by BIS to person on the Unverified List by virtue International in the Hong Kong Special raise a ‘‘red flag’’ for purposes of the of ownership, control, position of Administrative Region. A ‘‘red flag’’ ‘‘Know Your Customer’’ guidance set responsibility, or other affiliation or now exists for transactions involving forth in Supplement No. 3 to 15 CFR connection in the conduct of trade or these persons due to their inclusion on part 732. Under that guidance, business. Persons on the Unverified List the Unverified List. As a result, whenever there is a ‘‘red flag,’’ exporters may request that BIS review their exporters have an affirmative duty to and other persons have an affirmative inclusion on the Unverified List by inquire, verify, or otherwise substantiate duty to inquire, verify, or otherwise filing an appeal in accordance with 15 the proposed transaction to satisfy substantiate the proposed transaction to CFR part 756. themselves that the transaction does not satisfy themselves that the transaction B. Addition of New Entities on the involve a proliferation activity does not involve a proliferation activity Unverified List prohibited in 15 CFR Part 744, and does prohibited by part 744, and does not not violate other provisions of the EAR. violate other provisions of the EAR. This notice advises exporters and other persons that BIS has added the The Unverified List, as modified by The listing of a person on the following five entities to the Unverified this notice, is set forth below. Unverified List does not equate to a List: Julie L. Myers, licensing requirement such as that Jetpower Industrial Ltd, Room 311, 3rd Assistant Secretary for Export Enforcement. imposed on persons included on the Floor, Plaza, 62 Mody Entity List in 15 CFR part 744. If an Road, East, , Unverified List (as of July 16, 2004) exporter or other person involved in the Hong Kong Special Administrative transaction is satisfied that the Region. The Unverified List includes names, transaction does not involve a Onion Enterprises Ltd., Room 311, 3rd countries, last known addresses of proliferation activity and does not Floor, Wing On Plaza, 62 , foreign persons involved in export violate any other provision of the EAR, Tsim Sha Tsui East, Kowloon, Hong transactions with respect to which: the the exporter may proceed with the Kong Special Administrative Region. Bureau of Industry and Security (‘‘BIS’’) transaction notwithstanding the Lucktrade International, Room 311, 3rd could not conduct a pre license check inclusion of the person on the Floor, Wing On Plaza, 62 Mody Road, (‘‘PLC’’) or a post shipment verification Unverified List. If an exporter or other Tsim Sha Tsui East, Kowloon, Hong (‘‘PSV’’) for reasons outside the U.S. person involved in a transaction Kong Special Administrative Region. Government’s control; and/or BIS was continues to have reasons for concern Litchfield Co. Ltd., Room 311, 3rd Floor, not able to verify the existence or after the inquiry, that person should Wing On Plaza, 62 Mody Road, Tsim authenticity of the end user, refrain from such transaction or submit Sha Tsui East, Kowloon, Hong Kong intermediate consignee, ultimate all relevant information to BIS in the Special Administrative Region. consignee or other party to an export form of an application for a license or Sunford Trading Ltd., Unit 2208, 22/F, transaction. Any transaction to which a a request for an advisory opinion. 118 Connaught Road West, Hong listed person is a party will be deemed Periodically, BIS will add persons to the Kong Special Administrative Region. to raise a ‘‘red flag’’ with respect to such Unverified List based on the criteria set This notice advises exporters that transaction within the meaning of the forth above, and remove the names of Jetpower International Ltd., Onion guidance set forth in Supplement No. 3 persons from the Unverified List when Enterprises Ltd, Litchfield Co. Ltd, and to 15 CFR part 732. The red flag applies warranted. Moreover, BIS may add to Sunford Trading Ltd are added to the to the person on the Unverified List the Unverified List names of persons Unverified List, and that a second regardless of where the person is located that BIS discovers are affiliated with a address has been added for Lucktrade in the country included on the list.

Name Country Last known address

Lucktrade International ...... Hong Kong Special Admin- P.O. Box 91150, Tsim Sha Tsui, Hong Kong. istrative Region. Brilliant Intervest ...... Malaysia ...... 14–1, Persian 65C, Jalan Pahang, Barat, Kuala Lumpur, 53000. Dee Communications M SDN. BHD ...... Malaysia ...... G5/G6, Ground Floor, Jin Gereja Johor Bahru. Shaanxi Telecom Measuring Station ...... People’s Republic of China 39 Jixiang Road, Yanta District, Xian, Shaanxi. Yunma Aircraft Mfg ...... People’s Republic of China Yaopu, Anshun, Guizhou. Civil Airport Construction Corporation ...... People’s Republic of China 111 Bei Sihuan Str. East, Chao Yang District, Beijing. Power Test & Research Institute of ...... People’s Republic of China No. 38 East Huangshi Road, Guangzhou. Beijing San Zhong Electronic Equipment Engineer Co., People’s Republic of China Hai Dian Fu Yuau, Men Hao 1 Hao, Beijing. Ltd. Huabei Petroleum Administration Bureau Logging Com- People’s Republic of China South Yanshan Road, Ren Qiu City, Hebei. pany. Peluang Teguh ...... Singapore ...... 203 Henderson Road #09–05H, Henderson Industrial Park, Singapore. Lucktrade International PTE Ltd ...... Singapore ...... 35 Tannery Road #01–07 Tannery Block, Ruby Indus- trial Complex, Singapore 347740. Arrow Electronics Industries ...... United Arab Emirates ...... 204 Arbift Tower, Benyas Road, Dubai. Jetpower Industrial Ltd ...... Hong Kong Special Admin- Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, istrative Region. Tsim Sha Tsui East, Kowloon. Onion Enterprises Ltd ...... Hong Kong Special Admin- Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, istrative Region. Tsim Sha Tsui East, Kowloon. Lucktrade International ...... Hong Kong Special Admin- Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, istrative Region. Tsim Sha Tsui East, Kowloon. Litchfield Co. Ltd ...... Hong Kong Special Admin- Room 311, 3rd Floor, Wing On Plaza, 62 Mody Road, istrative Region. Tsim Sha Tsui East, Kowloon.

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Name Country Last known address

Sunford Trading Ltd ...... Hong Kong Special Admin- Unit 2208, 22/F, 118 Connaught Road West. istrative Region.

[FR Doc. 04–16143 Filed 7–15–04; 8:45 am] (‘‘Vietnam’’), filed in proper form by. On 2004, the Department notified the BILLING CODE 3510–33–P January 12, 2003, the Petitioners filed International Trade Commission (‘‘ITC’’) amendments to the petitions. of the antidumping investigation On January 8, 2004, the Department initiation and the intent to publish in DEPARTMENT OF COMMERCE requested additional information about the Federal Register a notice of such the petition from the Petitioners. initiation. International Trade Administration On January 12, 2004, the Coalition of Post-Initiation General Case Issues and [A–570–893] Shrimp Exporters/Producers of South China (the ‘‘PRC Shrimp Coalition’’), Letters From Outside Parties Notice of Preliminary Determination of Allied Pacific Group 1, the National On February 4, 2004, the Petitioners Sales at Less Than Fair Value, Partial Chamber of Aquaculture of Ecuador filed an amendment to the petition Affirmative Preliminary Determination (‘‘Expalsa’’), the Thai Frozen Foods adding Versaggi Shrimp Corporation of Critical Circumstances and Association (‘‘TFFA’’), the Vietnam and Indian Ridge Shrimp Company as Postponement of Final Determination: Association of Seafood Exporters and petitioners. Certain Frozen and Canned Warmwater Producers (‘‘VASEP’’), the Vietnamese On February 10, 2004, the Department Shrimp From the People’s Republic of Shrimp Committee (‘‘VSC’’), the issued initiation instructions to U.S. China Association of Brazilian Shrimp Customs and Border Protection (‘‘CBP’’). Producers, and the Seafood On March 2, 2004, the ITC made an AGENCY: Import Administration, Exporters’Association of India (‘‘SEAI’’) affirmative preliminary determination International Trade Administration, submitted comments regarding domestic in the antidumping investigation and Department of Commerce. industry support. On January 13, 2004, published its report on such EFFECTIVE DATE: July 16, 2004. the Department requested that all determination. See Certain Frozen or FOR FURTHER INFORMATION CONTACT: interested parties submit comments on Canned Warmwater Shrimp and Prawns James C. Doyle or Alex Villanueva, the Petitioners’ calculation of industry from Brazil, China, Ecuador, India, Import Administration, International support. Thailand and Vietnam (‘‘ITC Injury Trade Administration, U.S. Department On January 13, 2004, the Petitioners Notice’’) 69 FR 9842 (March 2, 2004). of Commerce, 14th Street and filed a supplement to the petition. On March 11, 2004, the Department Constitution Avenue, NW., Washington, On January 15, 2004, the Department sent the Commercial Secretary at the DC 20230; telephone: (202) 482–0159, or received affidavits in support of the Embassy of China notice of the 482–3208, respectively. Petitioners’ calculation of industry initiation of an antidumping support. On January 15, 2004, the Preliminary Determination investigation as well as the Respondents submitted additional questionnaires sent to all Respondents. We preliminarily determine that comments regarding domestic industry On May 24, 2004, the Department certain frozen and canned warmwater support. On January 16, 2004, the published in the Federal Register a shrimp from the People’s Republic of Petitioners submitted rebuttal comments notice of the postponement of the China (‘‘PRC’’) is being, or is likely to to the Respondents’ January, 15, 2004 preliminary determination for this be, sold in the United States at less than comments regarding industry support. antidumping duty investigation. See fair value (‘‘LTFV’’), as provided in On January 16, 2004, the Louisiana Notice of Postponement of Preliminary section 733 of the Tariff Act of 1930, as Shrimp Association (‘‘LSA’’) filed Determination of Antidumping Duty amended (‘‘the Act’’). The estimated comments regarding the petitions. Investigations: Certain Frozen and margins of sales at LTFV are shown in On January 20, 2004, the Petitioners Canned Warmwater Shrimp from Brazil the ‘‘Suspension of Liquidation’’ section submitted supplemental information to (A–353–838), Ecuador (A–331–802), of this notice. the petition and revised comments to Interested parties are invited to their January 16, 2004, submission. India (A–533–840), Thailand (A–549– On January 20, 2004, the Department 822), PRC (A–570–893) and Vietnam (A– comment on this preliminary 2 determination. We will make our final initiated antidumping duty 503–802 ), 69 FR 29509 (May 24, 2004) determination not later than 135 days investigations on certain frozen and (‘‘Postponement Notice’’). after the date of publication of this canned warmwater shrimp from Brazil, On June 15, 2004, the Petitioners filed preliminary determination. Ecuador, India, Thailand, the PRC and comments on the Respondents’ request Vietnam. See Notice of Initiation of to postpone the final determination. Case History Antidumping Duty Investigations: CONNUM Comments On December 31, 2003, the Ad Hoc Certain Frozen and Canned Warmwater Shrimp Trade Action Committee, an ad Shrimp from Brazil, Ecuador, India, On January 28, 2004, the Department hoc coalition representative of U.S. Thailand, the People’s Republic of requested comments from interested producers of frozen and canned China and the Socialist Republic of parties regarding the appropriate warmwater shrimp and harvesters of Vietnam (‘‘Initiation Notice’’) 69 FR product characteristic criteria for the wild-caught warmwater shrimp 3876 (January 27, 2004). On January 20, investigation matching hierarchy for (hereafter known as, the ‘‘Petitioners’’) comparing the export price to normal filed, in proper form, petitions on 1 Allied Pacific (H.K.) Co., Ltd.; Allied Pacific value. imports of certain frozen and canned Aquatic Products (Zhanjiang) Co., Ltd.; Allied Pacific Food (Dalian) Co., Ltd.; and Allied Pacific 2 The Department inadvertently listed case warmwater shrimp from Brazil, Aquatic Products (Zhongshan) Co., Ltd.; and King number A–503–882 as Vietnam’s case number in Ecuador, India, Thailand, the PRC, and Royal Investments, Ltd. (collectively, ‘‘Allied the Postponement Notice. The correct case number the Socialist Republic of Vietnam Pacific Group’’). for Vietnam is A–552–802.

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