80_FR_29397 80 FR 29299 - Reporting for Calendar Year 2014 on Offsets Agreements Related to Sales of Defense Articles or Defense Services to Foreign Countries or Foreign Firms

80 FR 29299 - Reporting for Calendar Year 2014 on Offsets Agreements Related to Sales of Defense Articles or Defense Services to Foreign Countries or Foreign Firms

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 98 (May 21, 2015)

Page Range29299-29300
FR Document2015-12394

This notice is to remind the public that U.S. firms are required to report annually to the Department of Commerce (Commerce) information on contracts for the sale of defense articles or defense services to foreign countries or foreign firms that are subject to offsets agreements exceeding $5,000,000 in value. U.S. firms are also required to report annually to Commerce information on offsets transactions completed in performance of existing offsets commitments for which offsets credit of $250,000 or more has been claimed from the foreign representative. This year, such reports must include relevant information from calendar year 2014 and must be submitted to Commerce no later than June 15, 2015.

Federal Register, Volume 80 Issue 98 (Thursday, May 21, 2015)
[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29299-29300]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12394]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

[Docket No. 150428403-5403-01]
RIN 0694-XC024


Reporting for Calendar Year 2014 on Offsets Agreements Related to 
Sales of Defense Articles or Defense Services to Foreign Countries or 
Foreign Firms

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Notice; annual reporting requirements.

-----------------------------------------------------------------------

SUMMARY: This notice is to remind the public that U.S. firms are 
required to

[[Page 29300]]

report annually to the Department of Commerce (Commerce) information on 
contracts for the sale of defense articles or defense services to 
foreign countries or foreign firms that are subject to offsets 
agreements exceeding $5,000,000 in value. U.S. firms are also required 
to report annually to Commerce information on offsets transactions 
completed in performance of existing offsets commitments for which 
offsets credit of $250,000 or more has been claimed from the foreign 
representative. This year, such reports must include relevant 
information from calendar year 2014 and must be submitted to Commerce 
no later than June 15, 2015.

ADDRESSES: Reports should be addressed to ``Offsets Program Manager, 
U.S. Department of Commerce, Office of Strategic Industries and 
Economic Security, Bureau of Industry and Security (BIS), Room 3878, 
Washington, DC 20230.''

FOR FURTHER INFORMATION CONTACT: Ronald DeMarines, Office of Strategic 
Industries and Economic Security, Bureau of Industry and Security, U.S. 
Department of Commerce, telephone: 202-482-3755; fax: 202-482-5650; 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 723(a)(1) of the Defense Production Act of 1950, as amended 
(DPA) (50 U.S.C. app. 2172 (2009)), requires the President to submit an 
annual report to Congress on the impact of offsets on the U.S. defense 
industrial base. Section 723(a)(2) directs the Secretary of Commerce 
(Secretary) to prepare the President's report and to develop and 
administer the regulations necessary to collect offsets data from U.S. 
defense exporters.
    The authorities of the Secretary regarding offsets have been 
delegated to the Under Secretary of Commerce for Industry and Security. 
The regulations associated with offsets reporting are set forth in part 
701 of title 15 of the Code of Federal Regulations. Offsets are 
compensation practices required as a condition of purchase in either 
government-to-government or commercial sales of defense articles and/or 
defense services, as defined by the Arms Export Control Act and the 
International Traffic in Arms Regulations. For example, a company that 
is selling a fleet of military aircraft to a foreign government may 
agree to offset the cost of the aircraft by providing training 
assistance to plant managers in the purchasing country. Although this 
distorts the true price of the aircraft, the foreign government may 
require this sort of extra compensation as a condition of awarding the 
contract to purchase the aircraft. As described in the regulations, 
U.S. firms are required to report information on contracts for the sale 
of defense articles or defense services to foreign countries or foreign 
firms that are subject to offsets agreements exceeding $5,000,000 in 
value. U.S. firms are also required to report annually information on 
offsets transactions completed in performance of existing offsets 
commitments for which offsets credit of $250,000 or more has been 
claimed from the foreign representative.
    Commerce's annual report to Congress includes an aggregated summary 
of the data reported by industry in accordance with the offsets 
regulations and the DPA (50 U.S.C. app. 2172 (2009)). As provided by 
section 723(c) of the DPA, BIS will not publicly disclose individual 
firm information it receives through offsets reporting unless the firm 
furnishing the information specifically authorizes public disclosure. 
The information collected is sorted and organized into an aggregate 
report of national offsets data, and therefore does not identify 
company-specific information.
    In order to enable BIS to prepare the next annual offset report 
reflecting calendar year 2014 data, U.S. firms must submit required 
information on offsets agreements and offsets transactions from 
calendar year 2014 to BIS no later than June 15, 2015.

    Dated: May 18, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-12394 Filed 5-20-15; 8:45 am]
BILLING CODE 3510-JT-P



                                                                                                                                                                                                    29299

                                              Notices                                                                                                       Federal Register
                                                                                                                                                            Vol. 80, No. 98

                                                                                                                                                            Thursday, May 21, 2015



                                              This section of the FEDERAL REGISTER                    Agriculture, Room 5336 South Building,                response. NASS plans to mail out
                                              contains documents other than rules or                  1400 Independence Avenue SW.,                         publicity materials with the
                                              proposed rules that are applicable to the               Washington, DC 20250–2024.                            questionnaires to inform producers of
                                              public. Notices of hearings and investigations,                                                               the importance of this survey. NASS
                                                                                                      FOR FURTHER INFORMATION CONTACT: R.
                                              committee meetings, agency decisions and                                                                      will also use multiple mailings,
                                              rulings, delegations of authority, filing of            Renee Picanso, Associate Administrator,
                                              petitions and applications and agency                   National Agricultural Statistics Service,             followed up with phone and personal
                                              statements of organization and functions are            U.S. Department of Agriculture, (202)                 enumeration to increase response rates
                                              examples of documents appearing in this                 720–4333. Copies of this information                  and to minimize data collection costs.
                                              section.                                                collection and related instructions can                  Respondents: Farmers and ranchers.
                                                                                                      be obtained without charge from David                    Estimated Number of Respondents:
                                                                                                      Hancock, NASS—OMB Clearance                           350.
                                              DEPARTMENT OF AGRICULTURE                               Officer, at (202) 690–2388 or at                         Estimated Total Annual Burden on
                                                                                                      ombofficer@nass.usda.gov.                             Respondents: 90 hours.
                                              National Agricultural Statistics Service                                                                         Comments: Comments are invited on:
                                                                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                            (a) Whether the proposed collection of
                                              Notice of Intent To Request Revision                       Title: Mink Survey.
                                                                                                         OMB Control Number: 0535–0212.                     information is necessary for the proper
                                              and Extension of a Currently Approved                      Expiration Date of Approval: January               performance of the functions of the
                                              Information Collection                                  31, 2016.                                             agency, including whether the
                                                                                                         Type of Request: Intent to Seek                    information will have practical utility;
                                              AGENCY:  National Agricultural Statistics
                                                                                                      Approval to Revise and Extend an                      (b) the accuracy of the agency’s estimate
                                              Service, USDA.
                                                                                                      Information Collection for 3 years.                   of the burden of the proposed collection
                                              ACTION: Notice and request for
                                                                                                         Abstract: The primary objective of the             of information, including the validity of
                                              comments.                                                                                                     the methodology and assumptions used;
                                                                                                      National Agricultural Statistics Service
                                              SUMMARY:   In accordance with the                       is to prepare and issue State and                     (c) ways to enhance the quality, utility,
                                              Paperwork Reduction Act of 1995, this                   national estimates of crop and livestock              and clarity of the information to be
                                              notice announces the intention of the                   production, prices, and disposition. The              collected; and (d) ways to minimize the
                                              National Agricultural Statistics Service                Mink Survey collects data on the                      burden of the collection of information
                                              (NASS) to request revision and                          number of mink pelts produced, the                    on those who are to respond, through
                                              extension of a currently approved                       number of females bred, and the number                the use of appropriate automated,
                                              information collection, the Mink                        of mink farms. Mink estimates are used                electronic, mechanical, technological, or
                                              Survey. The target population will be                   by the federal government to calculate                other forms of information technology
                                              pulled from farmers who have reported                   total value of sales and total cash                   collection methods.
                                              mink production in the past, trade                      receipts, by State governments to                        All responses to this notice will
                                              magazines, or grower’s association’s                    administer fur farm programs and health               become a matter of public record and be
                                              lists. The questionnaire that NASS is                   regulations, and by universities in                   summarized in the request for OMB
                                              planning to use is the same as what was                 research projects. The current expiration             approval.
                                              used in previous years, with one                        date for this docket is January 31, 2016.               Signed at Washington, DC, May 5, 2015.
                                              additional pelt color class being added                 NASS intends to request that the Mink                 R. Renee Picanso,
                                              to both the producer and price                          Survey be approved for another 3 years.               Associate Administrator.
                                              questionnaires. Any additional changes                     Authority: These data will be collected            [FR Doc. 2015–12322 Filed 5–20–15; 8:45 am]
                                              to the questionnaires would result from                 under the authority of 7 U.S.C. 2204(a).              BILLING CODE 3410–20–P
                                              requests by industry data users.                        Individually identifiable data collected under
                                              DATES: Comments on this notice must be                  this authority are governed by Section 1770
                                                                                                      of the Food Security Act of 1985 as amended,
                                              received by July 20, 2015 to be assured                 7 U.S.C. 2276, which requires USDA to afford          DEPARTMENT OF COMMERCE
                                              of consideration.                                       strict confidentiality to non-aggregated data
                                              ADDRESSES: You may submit comments,                     provided by respondents. This Notice is               Bureau of Industry and Security
                                              identified by docket number 0535–0212,                  submitted in accordance with the Paperwork            [Docket No. 150428403–5403–01]
                                              by any of the following methods:                        Reduction Act of 1995, Public Law 104–13
                                                 • Email: ombofficer@nass.usda.gov.                   (44 U.S.C. 3501, et seq.), and Office of              RIN 0694–XC024
                                              Include docket number above in the                      Management and Budget regulations at 5 CFR
                                              subject line of the message.                            part 1320.                                            Reporting for Calendar Year 2014 on
                                                 • E-fax: (855) 838–6382.                                NASS also complies with OMB                        Offsets Agreements Related to Sales
                                                 • Mail: Mail any paper, disk, or CD–                 Implementation Guidance,                              of Defense Articles or Defense
                                              ROM submissions to: David Hancock,                      ‘‘Implementation Guidance for Title V                 Services to Foreign Countries or
                                              NASS Clearance Officer, U.S.                            of the E-Government Act, Confidential                 Foreign Firms
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                                              Department of Agriculture, Room 5336                    Information Protection and Statistical                AGENCY:  Bureau of Industry and
                                              South Building, 1400 Independence                       Efficiency Act of 2002 (CIPSEA),’’                    Security, Department of Commerce.
                                              Avenue SW., Washington, DC 20250–                       Federal Register, Vol. 72, No. 115, June              ACTION: Notice; annual reporting
                                              2024.                                                   15, 2007, p. 33362.                                   requirements.
                                                 • Hand Delivery/Courier: Hand                           Estimate of Burden: Public reporting
                                              deliver to: David Hancock, NASS                         burden for this collection of information             SUMMARY:  This notice is to remind the
                                              Clearance Officer, U.S. Department of                   is estimated to average 10 minutes per                public that U.S. firms are required to


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                                              29300                          Federal Register / Vol. 80, No. 98 / Thursday, May 21, 2015 / Notices

                                              report annually to the Department of                    require this sort of extra compensation               Court) issued Navneet II,
                                              Commerce (Commerce) information on                      as a condition of awarding the contract               sustained the Final Remand Results 2
                                              contracts for the sale of defense articles              to purchase the aircraft. As described in             that the Department of Commerce (the
                                              or defense services to foreign countries                the regulations, U.S. firms are required              Department) issued in connection with
                                              or foreign firms that are subject to                    to report information on contracts for                Navneet I.
                                              offsets agreements exceeding $5,000,000                 the sale of defense articles or defense               the Department recalculated the
                                              in value. U.S. firms are also required to               services to foreign countries or foreign              weighted-average dumping margin that
                                              report annually to Commerce                             firms that are subject to offsets                     was established for 51 companies that
                                              information on offsets transactions                     agreements exceeding $5,000,000 in                    neither failed to cooperate with the
                                              completed in performance of existing                    value. U.S. firms are also required to                agency nor were selected for individual
                                              offsets commitments for which offsets                   report annually information on offsets                investigation (hereinafter referred to as
                                              credit of $250,000 or more has been                     transactions completed in performance                 the non-selected respondents).4
                                              claimed from the foreign representative.                of existing offsets commitments for                      Consistent with the decision of the
                                              This year, such reports must include                    which offsets credit of $250,000 or more              United States Court of Appeals for the
                                              relevant information from calendar year                 has been claimed from the foreign                     Federal Circuit (CAFC) in Timken,
                                              2014 and must be submitted to                           representative.                                       clarified by Diamond Sawblades,
                                              Commerce no later than June 15, 2015.                                                                         Department is notifying the public that
                                                                                                         Commerce’s annual report to Congress               the final judgment in this case is not in
                                              ADDRESSES: Reports should be                            includes an aggregated summary of the
                                              addressed to ‘‘Offsets Program Manager,                                                                       harmony with the Department’s final
                                                                                                      data reported by industry in accordance               results of the administrative review of
                                              U.S. Department of Commerce, Office of                  with the offsets regulations and the DPA
                                              Strategic Industries and Economic                                                                             the antidumping duty order on certain
                                                                                                      (50 U.S.C. app. 2172 (2009)). As                      lined paper products from India
                                              Security, Bureau of Industry and                        provided by section 723(c) of the DPA,
                                              Security (BIS), Room 3878, Washington,                                                                        covering the period of review September
                                                                                                      BIS will not publicly disclose                        1, 2010, through August 31, 2011 (POR).
                                              DC 20230.’’                                             individual firm information it receives               DATES: Effective Date: May 14, 2015.
                                              FOR FURTHER INFORMATION CONTACT:                        through offsets reporting unless the firm
                                              Ronald DeMarines, Office of Strategic                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                      furnishing the information specifically               Cindy Robinson, AD/CVD Operations
                                              Industries and Economic Security,                       authorizes public disclosure. The
                                              Bureau of Industry and Security, U.S.                                                                         Office III, Enforcement and Compliance,
                                                                                                      information collected is sorted and                   International Trade Administration,
                                              Department of Commerce, telephone:                      organized into an aggregate report of
                                              202–482–3755; fax: 202–482–5650;                                                                              U.S. Department of Commerce, 14th
                                                                                                      national offsets data, and therefore does             Street and Constitution Avenue NW.,
                                              email: ronald.demarines@bis.doc.gov.                    not identify company-specific
                                              SUPPLEMENTARY INFORMATION:
                                                                                                                                                            Washington, DC 20230; telephone: (202)
                                                                                                      information.                                          482–3797.
                                              Background                                                 In order to enable BIS to prepare the              SUPPLEMENTARY INFORMATION:
                                                Section 723(a)(1) of the Defense                      next annual offset report reflecting
                                                                                                      calendar year 2014 data, U.S. firms must              Background
                                              Production Act of 1950, as amended
                                              (DPA) (50 U.S.C. app. 2172 (2009)),                     submit required information on offsets                   On April 15, 2013, the Department
                                              requires the President to submit an                     agreements and offsets transactions from              issued the Final Results.
                                              annual report to Congress on the impact                 calendar year 2014 to BIS no later than               Education Ltd. (Navneet) 8 and eight
                                              of offsets on the U.S. defense industrial               June 15, 2015.                                        other companies 9 timely filed
                                              base. Section 723(a)(2) directs the                       Dated: May 18, 2015.                                  1 See Navneet Publications (India) Ltd. et al. v.
                                              Secretary of Commerce (Secretary) to                    Kevin J. Wolf,                                        United States, Court No. 13–00204, Slip. Op. 15–
                                              prepare the President’s report and to                   Assistant Secretary for Export                        41 (CIT May 4, 2015) (Navneet II).
                                              develop and administer the regulations                  Administration.
                                                                                                                                                              2 See Final Results Of Redetermination Pursuant

                                              necessary to collect offsets data from                                                                        To Court Remand, Court No. 13–00204, Slip Op.
                                                                                                      [FR Doc. 2015–12394 Filed 5–20–15; 8:45 am]           14–87 (December 4, 2014) (Final Remand Results),
                                              U.S. defense exporters.                                                                                       which is available at http://enforcement.trade.gov/
                                                                                                      BILLING CODE 3510–JT–P
                                                The authorities of the Secretary                                                                            remands/14-87.pdf.
                                              regarding offsets have been delegated to                                                                        3 See Navneet Publications (India) Ltd. v. United

                                              the Under Secretary of Commerce for                                                                           States, Court No. 13–00204, Slip Op. 14–87 (CIT
                                              Industry and Security. The regulations                  DEPARTMENT OF COMMERCE                                July 22, 2014) (Navneet I).
                                                                                                                                                              4 See Final Remand Results at 12–17.
                                              associated with offsets reporting are set               International Trade Administration                      5 See Timken Co. v. United States, 893 F.2d 337
                                              forth in part 701 of title 15 of the Code                                                                     (Fed. Cir. 1990) (Timken).
                                              of Federal Regulations. Offsets are                                                                             6 See Diamond Sawblades Mfrs. Coalition v.
                                              compensation practices required as a                    [A–533–843]
                                                                                                                                                            United States, 626 F.3d 1374 (Fed. Cir. 2010)
                                              condition of purchase in either                                                                               (Diamond Sawblades).
                                              government-to-government or                             Certain Lined Paper Products From                       7 See Certain Lined Paper Products from India:


                                              commercial sales of defense articles                    India: Notice of Court Decision Not in                Final Results of Antidumping Duty Administrative
                                                                                                      Harmony With Final Results of                         Review; 2010–2011, 78 FR 22232 (April 15, 2013)
                                              and/or defense services, as defined by                                                                        (Final Results) and accompanying Issues and
                                              the Arms Export Control Act and the                     Antidumping Duty Administrative                       Decision Memorandum (Final Decision
                                              International Traffic in Arms                           Review and Notice of Amended Final                    Memorandum).
                                              Regulations. For example, a company                     Results of Antidumping Duty                             8 Navneet Education Ltd. (Navneet) was formally

                                                                                                      Administrative Review; 2010–2011                      known as Navneet Publications (India) Ltd. See
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                                              that is selling a fleet of military aircraft                                                                  Certain Lined Paper Products From India: Final
                                              to a foreign government may agree to                                                                          Results of Changed Circumstances Review, 79 FR
                                                                                                      AGENCY:  Enforcement and Compliance,
                                              offset the cost of the aircraft by                                                                            35727 (June 24, 2014) (Navneet CCR Final Results).
                                                                                                      International Trade Administration,                     9 The other eight companies are: Marisa
                                              providing training assistance to plant
                                                                                                      Department of Commerce.                               International; Riddhi Enterprises, Ltd.; Super
                                              managers in the purchasing country.                                                                           Impex; Pioneer Stationary Pvt. Ltd.; SGM Paper
                                              Although this distorts the true price of                SUMMARY: On May 4, 2015, the United
                                                                                                                                                            Products; SAB International; Lodha Offset Limited;
                                              the aircraft, the foreign government may                States Court of International Trade (the              and Magic International Pvt. Ltd. By Court Order on



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Document Created: 2018-10-24 10:28:19
Document Modified: 2018-10-24 10:28:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; annual reporting requirements.
ContactRonald DeMarines, Office of Strategic Industries and Economic Security, Bureau of Industry and Security, U.S. Department of Commerce, telephone: 202-482-3755; fax: 202-482-5650; email: [email protected]
FR Citation80 FR 29299 
RIN Number0694-XC02

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