82 FR 42279 - Effects of Extending Foreign Policy-Based Export Controls Through 2018
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 172 (September 7, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 172 (September 7, 2017)
| Page Range | 42279-42281 | |
| FR Document | 2017-19010 |
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)] [Notices] [Pages 42279-42281] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19010] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security [Docket No. 170816771-7771-01] RIN 0694-XC040 Effects of Extending Foreign Policy-Based Export Controls Through 2018 AGENCY: Bureau of Industry and Security, Commerce. ACTION: Request for comments. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security (BIS) is seeking public comments on the effect of existing foreign policy-based export controls in the Export Administration Regulations. Section 6 of the Export Administration Act requires BIS to consult with industry on the effect of such controls and to report the results of the consultations to Congress. BIS is conducting the consultations through this request for public comments. [[Page 42280]] Comments from all interested persons are welcome and will help BIS determine whether its foreign policy-based export controls should be continued for another year. All comments will be made available for public inspection and copying and included in a report to be submitted to Congress. DATES: Comments must be received by October 10, 2017. ADDRESSES: Comments on this rule may be submitted through the Federal e-Rulemaking portal (www.regulations.gov). The regulations.gov ID for this rule is: BIS-2017-0024. Comments may also be sent by email to [email protected] or on paper to Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, 14th Street & Pennsylvania Avenue NW., Room 2099B, Washington, DC 20230. Include the phrase ``FPBEC Comment'' in the subject line of the email message or on the envelope if submitting comments on paper. All comments must be in writing (either submitted to regulations.gov, by email or on paper). All comments, including Personal Identifying Information (e.g., name, address) voluntarily submitted by the commenter will be a matter of public record and will be available for public inspection and copying. Do not submit Confidential Business Information or otherwise sensitive or protected information. FOR FURTHER INFORMATION CONTACT: Tracy Patts, Foreign Policy Division, Office of Nonproliferation Controls and Treaty Compliance, Bureau of Industry and Security, telephone 202-482-6389. Copies of the current Annual Foreign Policy Report to the Congress are available at http://www.bis.doc.gov/index.php/about-bis/newsroom/archives/27-about-bis/502-foreign-policy-reports, and copies may also be requested by calling the Office of Nonproliferation and Treaty Compliance at the number listed above. SUPPLEMENTARY INFORMATION: Foreign policy-based controls in the Export Administration Regulations (EAR) are implemented pursuant to section 6 of the Export Administration Act of 1979, as amended, (50 U.S.C. 4601- 4623 (Supp. III 2015)) (EAA). The current foreign policy-based export controls maintained by the Bureau of Industry and Security (BIS) are set forth in the EAR (15 CFR parts 730-774), including in parts 742 (CCL Based Controls), 744 (End-User and End-Use Based Controls) and 746 (Embargoes and Other Special Controls). These controls apply to a range of countries, items, activities and persons, including:Chemical precursors and biological agents, associated equipment, technical data, and software related to the production of chemical and biological agents (Sec. Sec. 742.2 and 744.4) and various chemicals included on the list of those chemicals controlled pursuant to the Chemical Weapons Convention (Sec. 742.18); Equipment and related technical data used in the design, development, production, or use of certain rocket systems and unmanned air vehicles (Sec. Sec. 742.5 and 744.3); Regional stability (Sec. 742.6); Crime control and detection items (Sec. 742.7); Countries designated as Supporters of Acts of International Terrorism (Sec. Sec. 742.8, 742.9, 742.10, 742.19, 746.4, 746.7, and 746.9); Specially designed implements of torture (Sec. 742.11); Communication intercepting devices, software and technology (Sec. 742.13); Significant items (SI): Hot section technology for the development, production, or overhaul of commercial aircraft engines, components, and systems (Sec. 742.14); Encryption items (Sec. 742.15); Certain firearms and related items based on the Organization of American States Model Regulations for the Control of the International Movement of Firearms, their Parts and Components and Ammunition included within the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials (Sec. 742.17); Maritime nuclear propulsion (Sec. 744.5); Certain foreign aircraft and vessels (Sec. 744.7); Certain persons designated as proliferators of weapons of mass destruction (Sec. 744.8); Certain cameras to be used by military end-users or incorporated into a military commodity (Sec. 744.9); Certain entities in Russia (Sec. 744.10); Individual terrorists and terrorist organizations (Sec. Sec. 744.12, 744.13 and 744.14); Entities acting contrary to the national security or foreign policy interests of the United States (Sec. 744.11); Certain general purpose microprocessors for ``military end-uses'' and ``military end-users'' (Sec. 744.17); Certain persons designated by Executive Order 13315 (``Blocking Property of the Former Iraqi Regime, Its Senior Officials and Their Family Members'') (Sec. 744.18); Certain sanctioned entities (Sec. 744.20); Embargoed countries (Part 746); U.S. and U.N. arms embargoes (Sec. 746.1 and Country Group D:5 of Supplement No. 1 to Part 740); and Industry sectors and regions related to U.S. policy towards Russia (Sec. 746.5). In addition, the EAR impose foreign policy-based export controls on certain nuclear related commodities, technology, end-uses and end-users (Sec. Sec. 742.3 and 744.2), in part, implementing section 309(c) of the Nuclear Non-Proliferation Act (42 U.S.C. 2139a). Under the provisions of section 6 of the EAA, export controls maintained for foreign policy purposes must be extended annually. Section 6 of the EAA requires a report to Congress when foreign policy- based export controls are extended. The EAA expired on August 20, 2001. Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 (2002)), as amended by Executive Order 13637 of March 8, 2013 (3 CFR, 2013 Comp., p. 223 (2014), which has been extended by successive Presidential Notices, the most recent being that of August 15, 2017, (82 FR 39005 (August 16, 2017)) continues the EAR and, to the extent permitted by law, the provisions of the EAA, in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)). The Department of Commerce, as appropriate, follows the provisions of section 6 of the EAA by reviewing its foreign policy- based export controls, conducting consultations with industry on such controls through public comments and preparing a report to be submitted to Congress. In January 2017, the Secretary of Commerce, on the recommendation of the Secretary of State, extended for one year all foreign policy-based export controls then in effect. BIS is now soliciting public comment on the effects of extending the existing foreign policy-based export controls from January 2018 to January 2019. Among the criteria considered in determining whether to extend U.S. foreign policy-based export controls are the following: 1. The likelihood that such controls will achieve their intended foreign policy purposes, in light of other factors, including the availability from other countries of the goods, software or technology proposed for such controls; 2. Whether the foreign policy objective of such controls can be achieved through negotiations or other alternative means; 3. The compatibility of the controls with the foreign policy objectives of the United States and with overall U.S. [[Page 42281]] policy toward the country subject to the controls; 4. Whether the reaction of other countries to the extension of such controls is not likely to render the controls ineffective in achieving the intended foreign policy objective or be counterproductive to U.S. foreign policy interests; 5. The comparative benefits to U.S. foreign policy objectives versus the effect of the controls on the export performance of the United States, the competitive position of the United States in the international economy, the international reputation of the United States as a supplier of goods and technology; and 6. The ability of the United States to effectively enforce the controls. BIS is particularly interested in receiving comments on the economic impact of proliferation controls. BIS is also interested in industry information relating to the following: 1. Information on the effect of foreign policy-based export controls on sales of U.S. products to third countries (i.e., those countries not targeted by sanctions), including the views of foreign purchasers or prospective customers regarding U.S. foreign policy-based export controls. 2. Information on controls maintained by U.S. trade partners. For example, to what extent do U.S. trade partners have similar controls on goods and technology on a worldwide basis or to specific destinations? 3. Information on licensing policies or practices by our foreign trade partners that are similar to U.S. foreign policy based export controls, including license review criteria, use of conditions, and requirements for pre- and post-shipment verifications (preferably supported by examples of approvals, denials and foreign regulations). 4. Suggestions for bringing foreign policy-based export controls more into line with multilateral practice. 5. Comments or suggestions to make multilateral controls more effective. 6. Information that illustrates the effect of foreign policy-based export controls on trade or acquisitions by intended targets of the controls. 7. Data or other information on the effect of foreign policy-based export controls on overall trade at the level of individual industrial sectors. 8. Suggestions for measuring the effect of foreign policy-based export controls on trade. 9. Information on the use of foreign policy-based export controls on targeted countries, entities, or individuals. BIS is also interested in comments relating generally to the extension or revision of existing foreign policy-based export controls. Parties submitting comments are asked to be as specific as possible. All comments received before the close of the comment period will be considered by BIS in reviewing the controls and in developing the report to Congress. All comments received in response to this notice will be displayed on BIS's Freedom of Information Act (FOIA) Web site at http://efoia.bis.doc.gov/ and on the Federal e-Rulemaking portal at www.Regulations.gov. All comments will also be included in a report to Congress, as required by section 6 of the EAA, which directs that BIS report to Congress the results of its consultations with industry on the effects of foreign policy-based controls. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2017-19010 Filed 9-6-17; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42279
petitions for certification of eligibility to increased imports into the United States workers, or threat thereof, and to a
apply for Trade Adjustment Assistance of articles like or directly competitive decrease in sales or production of each
from the firms listed below. with those produced by each of these petitioning firm.
Accordingly, EDA has initiated firms contributed importantly to the
investigations to determine whether total or partial separation of the firm’s
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
8/24/2017 THROUGH 8/31/2017
Date accepted for
Firm name Firm address Product(s)
investigation
Dusty Strings Company ......................... 3450 16th Avenue West, Suite 200, 8/29/2017 The firm manufactures harps and other
Seattle, WA 98119. string instruments, such as dul-
cimers.
Pentz Design Pattern & Foundry, Inc .... 14823 Main Street Northeast, Duvall, 8/28/2017 The firm manufactures custom preci-
WA 98019. sion aluminum castings and molds.
Perfection Spring & Stamping Corpora- 1449 East Algonquin Road, Mount 8/29/2017 The firm manufactures wire forms,
tion. Prospect, IL 60056. springs and other articles of iron and
steel.
SUPPLEMENTARY INFORMATION: Any party States, to expedite and encourage to an ASF sunset provision for magnet
having a substantial interest in these foreign commerce, and for other sites that would terminate authority for
proceedings may request a public purposes,’’ and authorizes the Foreign- Sites 2 and 3 if not activated within five
hearing on the matter. A written request Trade Zones Board to grant to qualified years from the month of approval, and
for a hearing must be submitted to the corporations the privilege of to an ASF sunset provision for usage-
Trade Adjustment Assistance for Firms establishing foreign-trade zones in or driven sites that would terminate
Division, Room 71030, Economic adjacent to U.S. Customs and Border authority for Sites 4, 5, 6 and 7 if no
Development Administration, U.S. Protection ports of entry; foreign-status merchandise is admitted
Department of Commerce, Washington, Whereas, the Board adopted the for a bona fide customs purpose within
DC 20230, no later than ten (10) alternative site framework (ASF) (15 three years from the month of approval.
calendar days following publication of CFR Sec. 400.2(c)) as an option for the
Dated: August 25, 2017.
this notice. These petitions are received establishment or reorganization of
Gary Taverman,
pursuant to section 251 of the Trade Act zones;
Whereas, Pinellas County, Florida, Deputy Assistant Secretary for AD/CVD
1974, as amended. Operations performing the non-exclusive
Please follow the requirements set grantee of Foreign-Trade Zone 193,
functions and duties of the Assistant
forth in EDA’s regulations at 13 CFR submitted an application to the Board
Secretary for Enforcement & Compliance,
315.9 for procedures to request a public (FTZ Docket B–50–2016, docketed Alternate Chairman, Foreign-Trade Zones
hearing. The Catalog of Federal August 2, 2016) for authority to Board.
Domestic Assistance official number reorganize and expand under the ASF [FR Doc. 2017–18903 Filed 9–6–17; 8:45 am]
and title for the program under which with a service area of Pinellas,
BILLING CODE 3510–DS–P
these petitions are submitted is 11.313, Hernando and Pasco Counties, Florida,
Trade Adjustment Assistance for Firms. in and adjacent to the St. Petersburg
Customs and Border Protection port of DEPARTMENT OF COMMERCE
Miriam Kearse, entry, FTZ 193’s existing Sites 1, 2 and
Lead Program Analyst. 3 would be categorized as magnet sites, Bureau of Industry and Security
[FR Doc. 2017–18956 Filed 9–6–17; 8:45 am] and the zone would have four initial
usage-driven sites (Sites 4, 5, 6 and 7), [Docket No. 170816771–7771–01]
BILLING CODE 3510–WH–P
with Temporary Site 8 maintaining its RIN 0694–XC040
current designation;
DEPARTMENT OF COMMERCE Whereas, notice inviting public Effects of Extending Foreign Policy-
comment was given in the Federal Based Export Controls Through 2018
Foreign-Trade Zones Board Register (81 FR 52401, August 8, 2016)
and the application has been processed AGENCY: Bureau of Industry and
[Order No. 2039]
pursuant to the FTZ Act and the Board’s Security, Commerce.
Reorganization and Expansion of regulations; and, ACTION: Request for comments.
Foreign-Trade Zone 193 Under Whereas, the Board adopts the
Alternative Site Framework; Pinellas findings and recommendations of the SUMMARY: The Bureau of Industry and
County, Florida examiner’s report, and finds that the Security (BIS) is seeking public
requirements of the FTZ Act and the comments on the effect of existing
Pursuant to its authority under the Foreign- Board’s regulations are satisfied; foreign policy-based export controls in
Trade Zones Act of June 18, 1934, as Now, Therefore, the Board hereby the Export Administration Regulations.
mstockstill on DSK30JT082PROD with NOTICES
amended (19 U.S.C. 81a–81u), the Foreign- orders: Section 6 of the Export Administration
Trade Zones Board (the Board) adopts the The application to reorganize and Act requires BIS to consult with
following Order: expand FTZ 193 under the ASF is industry on the effect of such controls
Whereas, the Foreign-Trade Zones approved, subject to the FTZ Act and and to report the results of the
(FTZ) Act provides for ‘‘ * * * the the Board’s regulations, including consultations to Congress. BIS is
establishment * * * of foreign-trade Section 400.13, to the Board’s standard conducting the consultations through
zones in ports of entry of the United 2,000-acre activation limit for the zone, this request for public comments.
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![Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42281
policy toward the country subject to the existing foreign policy-based export withdrew its participation from the
controls; controls. administrative review and will be
4. Whether the reaction of other Parties submitting comments are treated as part of the PRC-wide entity.
countries to the extension of such asked to be as specific as possible. All The Department preliminarily finds that
controls is not likely to render the comments received before the close of Giti and Sentury sold subject
controls ineffective in achieving the the comment period will be considered merchandise in the United States at
intended foreign policy objective or be by BIS in reviewing the controls and in prices below normal value (NV) during
counterproductive to U.S. foreign policy developing the report to Congress. All the POR. In addition, we preliminarily
interests; comments received in response to this determine that 65 companies/company
5. The comparative benefits to U.S. notice will be displayed on BIS’s groupings have established their
foreign policy objectives versus the Freedom of Information Act (FOIA) Web eligibility for a separate rate, and that
effect of the controls on the export site at http://efoia.bis.doc.gov/ and on ten companies under review made no
performance of the United States, the the Federal e-Rulemaking portal at shipments of subject merchandise
competitive position of the United www.Regulations.gov. All comments during the POR. Finally, we are
States in the international economy, the will also be included in a report to rescinding this administrative review
international reputation of the United Congress, as required by section 6 of the with respect to Cooper Tire & Rubber
States as a supplier of goods and EAA, which directs that BIS report to Company/Cooper Chengshan
technology; and Congress the results of its consultations (Shandong) Tire Co., Ltd./Cooper
6. The ability of the United States to with industry on the effects of foreign (Kunshan) Tire Co., Ltd. (collectively
effectively enforce the controls. policy-based controls. Cooper). Interested parties are invited to
BIS is particularly interested in comment on these preliminary results.
receiving comments on the economic Matthew S. Borman,
impact of proliferation controls. BIS is Deputy Assistant Secretary for Export DATES: September 7, 2017.
also interested in industry information Administration.
FOR FURTHER INFORMATION CONTACT: Toni
relating to the following: [FR Doc. 2017–19010 Filed 9–6–17; 8:45 am]
Page, Lingjun Wang, or Jun Jack Zhao,
1. Information on the effect of foreign BILLING CODE 3510–33–P AD/CVD Operations, Office VII,
policy-based export controls on sales of Enforcement and Compliance,
U.S. products to third countries (i.e., International Trade Administration,
those countries not targeted by DEPARTMENT OF COMMERCE U.S. Department of Commerce, 1401
sanctions), including the views of Constitution Avenue NW., Washington,
foreign purchasers or prospective International Trade Administration
DC 20230; telephone: (202) 482–1398,
customers regarding U.S. foreign policy- [A–570–016] (202) 482–2316, or (202) 482–1396,
based export controls. respectively.
2. Information on controls maintained Certain Passenger Vehicle and Light
by U.S. trade partners. For example, to Truck Tires From the People’s SUPPLEMENTARY INFORMATION:
what extent do U.S. trade partners have Republic of China: Preliminary Results
Scope of the Order
similar controls on goods and of Antidumping Duty Administrative
technology on a worldwide basis or to Review, Preliminary Determination of The scope of the order is passenger
specific destinations? No Shipments, and Rescission, in Part; vehicle and light truck tires. Passenger
3. Information on licensing policies or 2015–2016 vehicle and light truck tires are new
practices by our foreign trade partners pneumatic tires, of rubber, with a
AGENCY: Enforcement and Compliance,
that are similar to U.S. foreign policy passenger vehicle or light truck size
International Trade Administration,
based export controls, including license designation.1 Merchandise covered by
Department of Commerce.
review criteria, use of conditions, and this order is classifiable under
requirements for pre- and post-shipment SUMMARY: The Department of Commerce
subheadings 4011.10.10.10,
verifications (preferably supported by (the Department) is conducting an
4011.10.10.20, 4011.10.10.30,
examples of approvals, denials and administrative review of the
4011.10.10.40, 4011.10.10.50,
foreign regulations). antidumping duty order on certain
4011.10.10.60, 4011.10.10.70,
4. Suggestions for bringing foreign passenger vehicle and light truck tires
4011.10.50.00, 4011.20.10.05,
policy-based export controls more into (passenger tires) from the People’s
4011.20.50.10, 4011.99.45.10,
line with multilateral practice. Republic of China (PRC). The period of
4011.99.45.50, 4011.99.85.10,
5. Comments or suggestions to make review (POR) is January 27, 2015
4011.99.85.50, 8708.70.45.45,
multilateral controls more effective. through July 31, 2016. The
8708.70.45.60, 8708.70.60.30,
6. Information that illustrates the administrative review covers 108
8708.70.60.45, and 8708.70.60.60 of the
effect of foreign policy-based export respondents, including four mandatory
Harmonized Tariff Schedule of the
controls on trade or acquisitions by respondents: Giti Tire Global Trading
United States (HTSUS). Although the
intended targets of the controls. Pte. Ltd. (Giti), which we have
HTSUS subheadings are provided for
7. Data or other information on the preliminarily treated as a single entity
convenience and customs purposes, our
effect of foreign policy-based export with four affiliated companies identified
written description of the scope of the
controls on overall trade at the level of below, Qingdao Sentury Tire Co., Ltd.
order is dispositive.
individual industrial sectors. (Sentury), which we have preliminarily
8. Suggestions for measuring the effect treated as a single entity with two
mstockstill on DSK30JT082PROD with NOTICES
1 For a complete description of the scope of the
of foreign policy-based export controls affiliated companies identified below, order, see ‘‘Decision Memorandum for the
on trade. Best Choice International Trade Co., Preliminary Results of the Antidumping Duty
9. Information on the use of foreign Limited (Best Choice), which withdrew Administrative Review of Certain Passenger Vehicle
policy-based export controls on targeted its participation from the administrative and Light Truck Tires from the People’s Republic
of China, Preliminary Determination of No
countries, entities, or individuals. BIS is review and will be treated as part of the Shipments; and Rescission, in part; 2015–2016,’’
also interested in comments relating PRC-wide entity, and Shandong Haohua (August 31, 2017) (Preliminary Decision
generally to the extension or revision of Tire Co., Ltd. (Haohua), which Memorandum).
VerDate Sep<11>2014 17:42 Sep 06, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\07SEN1.SGM 07SEN1](https://thefederalregister.org/doc/82_FR_42451/page/3.svg)
Document Created: 2017-09-07 02:01:33
Document Modified: 2017-09-07 02:01:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for comments. | |
| Dates | Comments must be received by October 10, 2017. | |
| Contact | Tracy Patts, Foreign Policy Division, Office of Nonproliferation Controls and Treaty Compliance, Bureau of Industry and Security, telephone 202-482-6389. Copies of the current Annual Foreign Policy Report to the Congress are available at http:// www.bis.doc.gov/index.php/about-bis/newsroom/archives/27-about-bis/502- foreign-policy-reports, and copies may also be requested by calling the Office of Nonproliferation and Treaty Compliance at the number listed above. | |
| FR Citation | 82 FR 42279 | |
| RIN Number | 0694-XC04 |
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