Action Affecting Export Privileges; Wen Enterprises; Ning Wen; Hailan Lin; Beijing Rich Linscience Electronics Company; Ruo Ling Wang, 44084-44085 [05-15140]

Download as PDF 44084 Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices publication of this notice in the Federal Register. Order Renewing Temporary Denial Order and Adding a Related Party Dated: July 26, 2005. Madeleine Clayton, Management Analyst, Office of the Chief Information Officer. [FR Doc. E5–4084 Filed 7–29–05; 8:45 am] Pursuant to Section 766.24 of the Export Administration Regulations (‘‘EAR’’), the Bureau of Industry and Security (‘‘BIS’’), U.S. Department of Commerce, through its Office of Export Enforcement (‘‘OEE’’), has requested that I renew for 180 days an Order temporarily denying export privileges of Wen Enterprises (‘‘WE’’), 402 Wild Oak Drive, Manitowoc, WI 54220; Ning Wen (‘‘Wen’’), 402 Wild Oak Drive, Manitowoc, WI 54220; Hailin Lin (‘‘Lin’’), 402 Wild Oak Drive, Manitowoc, WI 54220; and Beijing Rich Linscience Electronics Company (‘‘BRLE’’), No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086 (hereinafter collectively referred to as the ‘‘Respondents’’). Additionally, OEE has requested that I add Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086, to the Order as a related party. On January 31, 2005, I found that evidence presented by BIS demonstrated that the Respondents conspired to do acts that violated the EAR and did in fact commit numerous violations of the EAR by participating in the unlicensed export of national security controlled items to the People’s Republic of China (‘‘PRC’’). I further found that such violations had been significant, deliberate and covert, and were likely to occur again, especially given the nature of the structure and relationships of the Respondents. OEE has presented additional evidence that Lin, Wang, and a coowner of BRLE have pled guilty to criminal violations of the EAA, IEEPA, and EAR for some of the transactions at issue herein. OEE has further presented evidence that Wang, as co-owner of BRLE, has returned to the PRC. I now find, based on the continued circumstances that led to the initial issuance of the order Denying Export Privileges on January 31, 2005, and on the additional evidence supplied by OEE, that the renewal of this TDO for a period of 180 days is necessary and in the public interest, to prevent an imminent violation of the EAR. Furthermore, I find that the addition of Wang as a related party to this Order is necessary to prevent the evasion of the Order. All parties to this TDO have been given notice of the request for renewal and, in the case of Wang, of the request for the addition of a related party. It is therefore ordered: First, that the Respondents, Wen Enterprises, 402 Wild Oak Drive, BILLING CODE 3510–FP–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Order No. 1391] Grant Of Authority For Subzone Status, Pfizer, Inc., (Pharmaceuticals/ Animal Health Products), Groton, Connecticut, Correction The Federal Register notice (70 FR 29276, 5/20/2005) describing ForeignTrade Zones Board Order 1391, authorizing special-purpose subzone status for Pfizer, Inc., in Groton, Connecticut (Subzone 208A) is corrected as follows: Paragraph 4 should read ‘‘Whereas, notice inviting public comment was given in the Federal Register (69 FR 62434, 10/26/2004); and,’’ Dated: July 21, 2005. Dennis Puccinelli, Executive Secretary. [FR Doc. 05–15093 Filed 7–29–05; 8:45 am] DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Wen Enterprises; Ning Wen; Hailan Lin; Beijing Rich Linscience Electronics Company; Ruo Ling Wang In the matters of Wen Enterprises, 402 Wild Oak Drive, Manitowoc, WI 54220; and, Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220; and, Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220; and, Beijing Rich Linscience Electronics Company, No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086, Respondents, and, Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086, Related Party. Wen Enterprises (‘‘WE’’), Ning Wen (‘‘Wen’’), Hailin Lin (‘‘Lin’’), Beijing Rich Linscience Electronics Company (‘‘BRLE’’), and Ruo Ling Wang (‘‘Wang’’). VerDate jul<14>2003 14:01 Jul 29, 2005 Jkt 205001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Manitowoc, WI 54220; Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220; Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220; and Beijing Rich Linscience Electronics Company, No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086 (hereinafter collectively referred to as ‘‘Respondents’’), and their successors and assigns and when acting on behalf of any of the Respondents, their officers, employees, agents or representatives, (‘‘Denied Persons’’) 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 Export Administration Regulations (‘‘EAR’’), or in any other activity subject to the EAR 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 EAR, or in any other activity subject to the EAR; 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 EAR, or in any other activity subject to the EAR. Second, that 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 EAR; 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 EAR 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 EAR that has been exported from the United States. D. Obtain from the Denied Person in the United States any item subject to the EAR 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 EAR that has E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Notices 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 is such service involved the use of any item subject to the EAR 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, that, having been provided notice and opportunity for comment as provided in section 766.23 of the EAR, Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086 (hereinafter, ‘‘Related Party’’) shall be made subject to the provisions of this Order based on her relationship to BRLE by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services. Fourth, that after notice and opportunity for comment as provided in section 766.23 of the EAR, any other person, firm, corporation, or business organization related to any of the Respondents by affiliation, ownership, control, or position or responsibility in that conduct of trade or related services may also be made subject to the provisions of this Order. Fifth, that this Order does not prohibit any export, reexport, or other transaction subject to the EAR where the only items involved that are subject to the EAR are the foreign-produced direct product of U.S.-origin technology. In accordance with the provisions of section 766.24(e) of the EAR, the Respondents may, at any time, appeal this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202–4022. In accordance with the provisions of section 766.23(c) of the EAR, the Related Party may, at any time, make an appeal related to this Order by filing a full written statement in support of the appeal with the Office of the Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202– 4022. In accordance with the provisions of section 766.24(d) of the EAR, BIS may seek renewal of this Order by filing a written request not later than 20 days before the expiration date. The Respondents may oppose a request to renew this Order by filing a written submission with the Assistant Secretary for Export Enforcement, which must be VerDate jul<14>2003 14:01 Jul 29, 2005 Jkt 205001 received not later than seven days before the expiration date of the Order. A copy of this Order shall be served on the Respondents and the Related Party, and shall be published in the Federal Register. This Order is effective on July 31, 2005 and shall remain in effect for 180 days. Entered this 26th day of July, 2005. Wendy Wysong, Acting Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 05–15140 Filed 7–29–05; 8:45 am] BILLING CODE 3510–DT–M DEPARTMENT OF COMMERCE International Trade Administration Submission for OMB Review; Comment Request Bureau: International Trade Administration, Import Administration. Title: Petition Format for Requesting Relief Under U.S. Antidumping Duty Law. Summary: DOC has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act of 1995, Public Law 104– 13 (44 U.S.C. 3506(c)(2)(A)). Agency Form Number: ITA–357P. OMB Number: 0625–0105. Type of Request: Regular submission. Burden: 2,200 hours. Number of Respondents: 55. Average Hours Per Response: 40. Needs and Uses: The International Trade Administration, Import Administration, AD/CVD Enforcement, implements the U.S. antidumping and countervailing duty laws. Import Administration investigates allegations of unfair trade practices by foreign governments and producers and, in conjunction with the U.S. International Trade Commission, can impose duties on the product in question to offset the unfair practices. Form ITA–357P— Format for Petition Requesting Relief Under the U.S. Antidumping Duty Law—is designed for U.S. companies or industries that are unfamiliar with the antidumping law and the petition process. The Form is designed for potential petitioners that believe that an industry in the United States is being injured because a foreign competitor is selling a product in the United States at less than fair value. Since a variety of detailed information is required under the law before initiation of an antidumping duty investigation, the Form is designed to extract such PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 44085 information in the least burdensome manner possible. Affected Public: Businesses or other for-profit. Frequency: On occasion. Respondent’s Obligation: Required to obtain or retain a benefit. OMB Desk Officer: David Rostker, (202) 395–7340. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Forms Clearance Officer, (202) 482–3129, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230. E-mail: dhynek@doc.gov. Written comments and recommendations for the proposed information collection should be sent to David Rostker, OMB Desk Officer, by email davidlrostker@omb.eop.gov or fax: (202) 395–7285 within 30 days of the publication of this notice in the Federal Register. Dated: July 26, 2005. Madeleine Clayton, Management Analyst, Office of the Chief Information Officer. [FR Doc. E5–4083 Filed 7–29–05; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review Import Administration, International Trade Administration, Department of Commerce. ACTION: Notice of opportunity to request administrative review of antidumping or countervailing duty order, finding, or suspended investigation. AGENCY: Background Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspension of investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended, may request, in accordance with section 351.213 (2002) of the Department of Commerce (the Department) Regulations, that the Department conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation. Opportunity To Request A Review: Not later than the last day of August 2005, interested parties may request E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Notices]
[Pages 44084-44085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15140]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Wen Enterprises; Ning Wen; 
Hailan Lin; Beijing Rich Linscience Electronics Company; Ruo Ling Wang

    In the matters of Wen Enterprises, 402 Wild Oak Drive, Manitowoc, 
WI 54220; and, Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220; and, 
Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220; and, Beijing Rich 
Linscience Electronics Company, No. 2 Zhong Guan Cun South Avenue, 
Cyber Mode Room 1001, Haidian District, Beijing, China 100086, 
Respondents, and, Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, 
Cyber Mode Room 1001, Haidian District, Beijing, China 100086, Related 
Party.
    Wen Enterprises (``WE''), Ning Wen (``Wen''), Hailin Lin (``Lin''), 
Beijing Rich Linscience Electronics Company (``BRLE''), and Ruo Ling 
Wang (``Wang'').

Order Renewing Temporary Denial Order and Adding a Related Party

    Pursuant to Section 766.24 of the Export Administration Regulations 
(``EAR''), the Bureau of Industry and Security (``BIS''), U.S. 
Department of Commerce, through its Office of Export Enforcement 
(``OEE''), has requested that I renew for 180 days an Order temporarily 
denying export privileges of Wen Enterprises (``WE''), 402 Wild Oak 
Drive, Manitowoc, WI 54220; Ning Wen (``Wen''), 402 Wild Oak Drive, 
Manitowoc, WI 54220; Hailin Lin (``Lin''), 402 Wild Oak Drive, 
Manitowoc, WI 54220; and Beijing Rich Linscience Electronics Company 
(``BRLE''), No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, 
Haidian District, Beijing, China 100086 (hereinafter collectively 
referred to as the ``Respondents''). Additionally, OEE has requested 
that I add Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, Cyber Mode 
Room 1001, Haidian District, Beijing, China 100086, to the Order as a 
related party.
    On January 31, 2005, I found that evidence presented by BIS 
demonstrated that the Respondents conspired to do acts that violated 
the EAR and did in fact commit numerous violations of the EAR by 
participating in the unlicensed export of national security controlled 
items to the People's Republic of China (``PRC''). I further found that 
such violations had been significant, deliberate and covert, and were 
likely to occur again, especially given the nature of the structure and 
relationships of the Respondents.
    OEE has presented additional evidence that Lin, Wang, and a co-
owner of BRLE have pled guilty to criminal violations of the EAA, 
IEEPA, and EAR for some of the transactions at issue herein. OEE has 
further presented evidence that Wang, as co-owner of BRLE, has returned 
to the PRC. I now find, based on the continued circumstances that led 
to the initial issuance of the order Denying Export Privileges on 
January 31, 2005, and on the additional evidence supplied by OEE, that 
the renewal of this TDO for a period of 180 days is necessary and in 
the public interest, to prevent an imminent violation of the EAR. 
Furthermore, I find that the addition of Wang as a related party to 
this Order is necessary to prevent the evasion of the Order. All 
parties to this TDO have been given notice of the request for renewal 
and, in the case of Wang, of the request for the addition of a related 
party.
    It is therefore ordered:
    First, that the Respondents, Wen Enterprises, 402 Wild Oak Drive, 
Manitowoc, WI 54220; Ning Wen, 402 Wild Oak Drive, Manitowoc, WI 54220; 
Hailin Lin, 402 Wild Oak Drive, Manitowoc, WI 54220; and Beijing Rich 
Linscience Electronics Company, No. 2 Zhong Guan Cun South Avenue, 
Cyber Mode Room 1001, Haidian District, Beijing, China 100086 
(hereinafter collectively referred to as ``Respondents''), and their 
successors and assigns and when acting on behalf of any of the 
Respondents, their officers, employees, agents or representatives, 
(``Denied Persons'') 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 Export 
Administration Regulations (``EAR''), or in any other activity subject 
to the EAR 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 EAR, or in any other activity 
subject to the EAR; 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 EAR, or in any other activity subject to the EAR.
    Second, that 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 EAR;
    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 EAR 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 EAR that has been exported from the United States.
    D. Obtain from the Denied Person in the United States any item 
subject to the EAR 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 EAR 
that has

[[Page 44085]]

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 is such service involved the use of any item subject to the EAR 
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, that, having been provided notice and opportunity for 
comment as provided in section 766.23 of the EAR, Ruo Ling Wang, No. 2 
Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, 
Beijing, China 100086 (hereinafter, ``Related Party'') shall be made 
subject to the provisions of this Order based on her relationship to 
BRLE by affiliation, ownership, control, or position of responsibility 
in the conduct of trade or related services.
    Fourth, that after notice and opportunity for comment as provided 
in section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to any of the Respondents by affiliation, 
ownership, control, or position or responsibility in that conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fifth, that this Order does not prohibit any export, reexport, or 
other transaction subject to the EAR where the only items involved that 
are subject to the EAR are the foreign-produced direct product of U.S.-
origin technology.
    In accordance with the provisions of section 766.24(e) of the EAR, 
the Respondents may, at any time, appeal this Order by filing a full 
written statement in support of the appeal with the Office of the 
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40 
South Gay Street, Baltimore, Maryland 21202-4022.
    In accordance with the provisions of section 766.23(c) of the EAR, 
the Related Party may, at any time, make an appeal related to this 
Order by filing a full written statement in support of the appeal with 
the Office of the Administrative Law Judge, U.S. Coast Guard ALJ 
Docketing Center, 40 South Gay Street, Baltimore, Maryland 21202-4022.
    In accordance with the provisions of section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. The Respondents may 
oppose a request to renew this Order by filing a written submission 
with the Assistant Secretary for Export Enforcement, which must be 
received not later than seven days before the expiration date of the 
Order.
    A copy of this Order shall be served on the Respondents and the 
Related Party, and shall be published in the Federal Register.
    This Order is effective on July 31, 2005 and shall remain in effect 
for 180 days.

    Entered this 26th day of July, 2005.
Wendy Wysong,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 05-15140 Filed 7-29-05; 8:45 am]
BILLING CODE 3510-DT-M

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