Order Denying Export Privileges, 14200-14201 [2017-05356]

Download as PDF 14200 Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance for Firms Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. Please follow the requirements set forth in EDA’s regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms. Miriam Kearse, Lead Program Analyst. [FR Doc. 2017–05324 Filed 3–16–17; 8:45 am] BILLING CODE 3510–WH–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of Eyad Farah, Inmate Number: 63001–018, FCI Fort Worth, Federal Correctional Institution, P.O. Box 15330, Fort Worth, TX 76119. asabaliauskas on DSK3SPTVN1PROD with NOTICES On December 15, 2015, in the U.S. District Court, Middle District of Florida, Eyad Farah (‘‘Farah’’), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’). Specifically, Farah knowingly and willfully attempted to export from the United States a defense article on the U.S. Munitions List without having first obtained a license from the Department of State or written prior authorization for such export. Farah was sentenced to 37 months in prison, with credit for time served, 36 months of supervised release, and a $300 assessment. Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or ‘‘Regulations’’) 1 provides, in pertinent part, that ‘‘[t]he Director of the Office of Exporter Services, in consultation with 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2016). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. 4601–4623 (Supp. III 2015) (available at http:// uscode.house.gov)). Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)). VerDate Sep<11>2014 20:02 Mar 16, 2017 Jkt 241001 the Director of the Office of Export Enforcement, may deny the export privileges of any person who has been convicted of a violation of the Export Administration Act (‘‘EAA’’), the EAR, or any order, license or authorization issued thereunder; any regulation, license, or order issued under the International Emergency Economic Powers Act (50 U.S.C. § 1701–1706); 18 U.S.C. §§ 793, 794 or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C. § 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. § 2778).’’ 15 CFR § 766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. § 4610(h). The denial of export privileges under this provision may be for a period of up to 10 years from the date of the conviction. 15 CFR § 766.25(d); see also 50 U.S.C. § 4610(h). In addition, Section 750.8 of the Regulations states that the Bureau of Industry and Security’s Office of Exporter Services may revoke any Bureau of Industry and Security (‘‘BIS’’) licenses previously issued in which the person had an interest in at the time of his conviction. BIS has received notice of Farah’s conviction for violating the AECA, and has provided notice and an opportunity for Farah to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Farah. Based upon my review and consultations with BIS’s Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Farah’s export privileges under the Regulations for a period of five years from the date of Farah’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Farah had an interest at the time of his conviction. Accordingly, it is hereby Ordered: First, from the date of this Order until December 15, 2020, Eyad Farah, with a last known address of Inmate Number: 63001–018, FCI Fort Worth, Federal Correctional Institution, P.O. Box 15330, Fort Worth, TX 76119, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (the ‘‘Denied Person’’), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, including, but not limited to: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. Second, no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. Third, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Farah by ownership, control, position of E:\FR\FM\17MRN1.SGM 17MRN1 Federal Register / Vol. 82, No. 51 / Friday, March 17, 2017 / Notices responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Farah may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to the Farah. This Order shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until December 15, 2020. Dated: March 13, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2017–05356 Filed 3–16–17; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–533–843] Certain Lined Paper Products From India: Final Results of Antidumping Duty Administrative Review; 2014– 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On October 14, 2016, the Department of Commerce (the Department) published the Preliminary Results of the administrative review of the antidumping duty order on certain lined paper products (CLPP) from India. The period of review (POR) is September 1, 2014, through August 31, 2015. This review covers two mandatory respondents, Kokuyo Riddhi Paper Products Private Limited (Kokuyo Riddhi) and Navneet Education Limited (Navneet). For these final results, we find that neither Kokuyo Riddhi nor Navneet made sales below normal value during the POR. See the ‘‘Final Results of the Review’’ section below. DATES: Effective March 17, 2017. FOR FURTHER INFORMATION CONTACT: Cindy Robinson for Navneet and George McMahon for Kokuyo Riddhi, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–3797 or (202) 482–1167, respectively. asabaliauskas on DSK3SPTVN1PROD with NOTICES AGENCY: VerDate Sep<11>2014 20:02 Mar 16, 2017 Jkt 241001 SUPPLEMENTARY INFORMATION: Background On September 7, 2016, Petitioner submitted new factual information regarding Navneet’s U.S. sales data.1 Given the timing of the submission, the Department could not address this new factual information in the Preliminary Results.2 The Department invited interested parties to submit comments no later than October 24, 2016,3 and to submit follow-up comments as part of their case and rebuttal briefs no later than November 14, 2016, and November 21, 2016, respectively.4 On October 24, 2016, Navneet submitted comments on the new factual information.5 On November 3, 2016, Petitioner submitted rebuttal comments regarding the new factual information.6 On October 14, 2016, the Department published the Preliminary Results. On November 14, 2016, Kokuyo Riddhi 7 and Navneet timely submitted their case briefs.8 On November 21, 2016, Navneet 1 See Petitioner’s letter titled, ‘‘Certain Lined Paper Products from India: General New Factual Information Submission,’’ dated September 7, 2016. 2 See Certain Lined Paper Products from India: Notice of Preliminary Results of Antidumping Duty Administrative Review; 2014–2015, 81 FR 71046 (October 14, 2016) (Preliminary Results), and accompanying Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, titled ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review: Certain Lined Paper Products from India; 2014– 2015,’’ dated October 5, 2016 (Preliminary Decision Memorandum). The Preliminary Decision Memorandum can be accessed directly at: http:// enforcement.trade.gov/frn/index.html. 3 See Letter titled, ‘‘Filings by the Association of American School Paper Suppliers (Petitioners) and Navneet Education Ltd. (Navneet) Concerning Navneet’s Alleged Under Reporting of U.S. Sales,’’ dated September 27, 2016. 4 See Letter titled, ‘‘New Factual Information Filed by the Association of American School Paper Suppliers (Petitioner) and Extension of Deadline to Submit New Factual Information Pertaining to Navneet Education Ltd.’s (Navneet) Sales Reporting,’’ dated September 27, 2016. 5 See Navneet’s letter titled, ‘‘Certain Lined Paper Products from India: Response of Navneet Education Limited to Non-Reported Sales Allegation,’’ dated October 24, 2016. 6 See Petitioner’s letter titled, ‘‘Certain Lined Paper Products from India: Response Comments to Navneet’s New Factual Information Related to Unreported U.S. Sales; Extension Request for the Case Briefs,’’ dated November 3, 2016. 7 The Department has determined that Kokuyo Riddhi Paper Products Private Limited (Kokuyo Riddhi) is the successor-in-interest to Riddhi Enterprises. See Certain Lined Paper Products from India: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 80 FR 18373 (April 6, 2015) (Final Results of CCR—Kokuyo Riddhi), and the accompanying Issues and Decision Memorandum. Accordingly, we refer to Kokuyo Riddhi and Riddhi Enterprises as Kokuyo Riddhi in this review. 8 See Kokuyo Riddhi’s letter titled, ‘‘Certain Lined Paper Products from India: Kokuyo Riddhi Case PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 14201 submitted its rebuttal brief.9 On November 14, 2016, Petitioner submitted a request for a hearing, which it subsequently withdrew on December, 15, 2016.10 On February 6, 2017, the Department postponed the final results by 30 days, until March 13, 2017.11 Scope of the Order The merchandise covered by the order is certain lined paper products. The merchandise subject to this order is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4811.90.9035, 4811.90.9080, 4820.30.0040, 4810.22.5044, 4811.90.9050, 4811.90.9090, 4820.10.2010, 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, and 4820.10.4000. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.12 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. The Issues and Decision Memorandum is a Brief,’’ dated November 14, 2016; see also Navneet’s letter titled, ‘‘Certain Lined Paper Products from India: Case Brief of Navneet Education Limited,’’ dated November 14, 2016; see also Petitioner’s letter titled, ‘‘Certain Lined Paper Products from India: Case Brief,’’ dated November 14, 2016. 9 See Navneet’s letter titled, ‘‘Certain Lined Paper Products from India: Rebuttal Brief of Navneet Education Limited,’’ dated November 21, 2016. 10 See Petitioner’s letter titled, ‘‘Certain Lined Paper Products from India: Hearing Request,’’ dated November 14, 2016; see also Memorandum to the File titled, ‘‘Petitioner’s Request for a Meeting in Lieu of a Hearing,’’ dated December 19, 2016. 11 See Memorandum titled ‘‘Certain Lined Paper Products from India: Extension of Time Limit for Final Results of Antidumping Duty Administrative Review; 2014–2015,’’ dated February 3, 2017. Postponing the final results by 30 days would place the deadline on Sunday, March 12, 2017. The Department’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 12 For a complete description of the Scope of the Order, see Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, titled ‘‘Certain Lined Paper Products from India: Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review; 2014– 2015,’’ dated concurrently with and hereby adopted by this notice (‘‘Issues and Decision Memorandum’’). E:\FR\FM\17MRN1.SGM 17MRN1

Agencies

[Federal Register Volume 82, Number 51 (Friday, March 17, 2017)]
[Notices]
[Pages 14200-14201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05356]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Denying Export Privileges

In the Matter of Eyad Farah, Inmate Number: 63001-018, FCI Fort 
Worth, Federal Correctional Institution, P.O. Box 15330, Fort Worth, 
TX 76119.

    On December 15, 2015, in the U.S. District Court, Middle District 
of Florida, Eyad Farah (``Farah''), was convicted of violating Section 
38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) (``AECA''). 
Specifically, Farah knowingly and willfully attempted to export from 
the United States a defense article on the U.S. Munitions List without 
having first obtained a license from the Department of State or written 
prior authorization for such export. Farah was sentenced to 37 months 
in prison, with credit for time served, 36 months of supervised 
release, and a $300 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the Export 
Administration Act (``EAA''), the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
Sec.  1701-1706); 18 U.S.C. Sec. Sec.  793, 794 or 798; section 4(b) of 
the Internal Security Act of 1950 (50 U.S.C. Sec.  783(b)), or section 
38 of the Arms Export Control Act (22 U.S.C. Sec.  2778).'' 15 CFR 
Sec.  766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. Sec.  
4610(h). The denial of export privileges under this provision may be 
for a period of up to 10 years from the date of the conviction. 15 CFR 
Sec.  766.25(d); see also 50 U.S.C. Sec.  4610(h). In addition, Section 
750.8 of the Regulations states that the Bureau of Industry and 
Security's Office of Exporter Services may revoke any Bureau of 
Industry and Security (``BIS'') licenses previously issued in which the 
person had an interest in at the time of his conviction.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2016). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at http://uscode.house.gov)). Since 
August 21, 2001, the Act has been in lapse and the President, 
through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 
783 (2002)), which has been extended by successive Presidential 
Notices, the most recent being that of August 4, 2016 (81 FR 52,587 
(Aug. 8, 2016)), has continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. 
(2006 & Supp. IV 2010)).
---------------------------------------------------------------------------

    BIS has received notice of Farah's conviction for violating the 
AECA, and has provided notice and an opportunity for Farah to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Farah.
    Based upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Farah's export privileges under the Regulations 
for a period of five years from the date of Farah's conviction. I have 
also decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Farah had an interest at the time of his 
conviction.
    Accordingly, it is hereby Ordered:
    First, from the date of this Order until December 15, 2020, Eyad 
Farah, with a last known address of Inmate Number: 63001-018, FCI Fort 
Worth, Federal Correctional Institution, P.O. Box 15330, Fort Worth, TX 
76119, and when acting for or on his behalf, his successors, assigns, 
employees, agents or representatives (the ``Denied Person''), may not, 
directly or indirectly, participate in any way in any transaction 
involving any commodity, software or technology (hereinafter 
collectively referred to as ``item'') exported or to be exported from 
the United States that is subject to the Regulations, including, but 
not limited to:
    A. Applying for, obtaining, or using any license, License 
Exception, or export control document;
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing in any way, 
any transaction involving any item exported or to be exported from the 
United States that is subject to the Regulations, or in any other 
activity subject to the Regulations; or
    C. Benefitting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the Regulations, or in any other activity subject to the Regulations.
    Second, no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of the Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Denied Person if such service involves the use of any 
item subject to the Regulations that has been or will be exported from 
the United States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    Third, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Farah by ownership, control, 
position of

[[Page 14201]]

responsibility, affiliation, or other connection in the conduct of 
trade or business may also be made subject to the provisions of this 
Order in order to prevent evasion of this Order.
    Fourth, in accordance with Part 756 of the Regulations, Farah may 
file an appeal of this Order with the Under Secretary of Commerce for 
Industry and Security. The appeal must be filed within 45 days from the 
date of this Order and must comply with the provisions of Part 756 of 
the Regulations.
    Fifth, a copy of this Order shall be delivered to the Farah. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 15, 2020.

    Dated: March 13, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-05356 Filed 3-16-17; 8:45 am]
 BILLING CODE P