Action Affecting Export Privileges; Sunford Trading, Ltd.; In the Matter of: Sunford Trading Ltd., Room 2208, 22/F, 118 Connaught Road West, Hong Kong, China, Respondent; Order Relating to Sunford Trading, Ltd., 49910-49911 [05-16885]
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49910
Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices
LIST OF PETITION ACTION BY TRADE ADJUSTMENT ASSISTANCE FOR PERIOD JULY 16, 2005–AUGUST 19, 2005—
Continued
Date
petition
accepted
Firm name
Address
Rolco, Inc ................................
946 East Hill Street Kasota,
MN 56050.
8550 Mill Pond Way
McConnellsville, NY 13401.
101 McIntosh Parkway
Thomaston, GA 30286.
29–Jul–05 ......
1401 West Standord Avenue
Englewood, CO 80110.
618 Fourth Avenue Warren,
PA 16365.
4072 Eastside Highway Stevensville, MT 59870.
11500 West 13th Avenue
Lakewood, CO 80215.
10300 East 107th Place Brighton, CO 80601.
100 Kenna Drive North
Haven, CT 06473.
650 West Colfax Avenue Denver, CO 80204.
3022 Highway 145 Richfield,
WI 53076.
26–Jul–05 ......
Harden Furniture, Inc ..............
Criterion Technology, Inc ........
Garmat USA, Inc .....................
Whirley Industries, Inc .............
Trapper Peak Forge, Inc.
d.b.a. Hacienda Iron Craft.
Quality Metal Products, Inc .....
Sashco, Inc .............................
Marlin Firearms Company
(The).
RMO, Inc .................................
KALD Tool and Die Corporation.
The petitions were submitted
pursuant to section 251 of the Trade Act
of 1974 (19 U.S.C. 2341). Consequently,
the United States Department of
Commerce has initiated separate
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each firm
contributed importantly to total or
partial separation of the firm’s workers,
or threat thereof, and to a decrease in
sales or production of each petitioning
firm. Any party having a substantial
interest in the proceedings may request
a public hearing on the matter. A
request for a hearing must be received
by Trade Adjustment Assistance, Room
7812, Economic Development
Administration, U.S. Department of
Commerce, Washington, DC 20230, no
later than the close of business of the
tenth calendar day following the
publication of this notice. The Catalog
of Federal Domestic Assistance official
program number and title of the
program under which these petitions are
submitted is 11.313, Trade Adjustment
Assistance.
Dated: August 19, 2005.
Anthony J. Meyer,
Senior Program Analyst, Office of Strategic
Initiatives.
[FR Doc. 05–16892 Filed 8–24–05; 8:45 am]
BILLING CODE 3510–24–P
VerDate jul<14>2003
15:58 Aug 24, 2005
Jkt 205001
Product
26–Jul–05 ......
Injection mold plastic components for general industrial, table
games, medical equipment, electronics and automobiles.
Hardwood end tables, entertainment centers, dining room tables and chairs, and beds and bedroom furniture.
Thermoformed or injection-molded acrylic and polycarbonate
enclosures/castings, used primarily to protect security cameras.
Enclosure systems for process control in automotive applications.
Plastic cups.
29–Jul–05 ......
Ornamental iron work.
29–Jul–05 ......
10–Aug–05 ....
Counters, lockers, racks, display cases, shelves, partitions
and similar fixtures of metal.
Acrylic polymer.
16–Aug–05 ....
Shotguns and rifles.
11–Aug–05 ....
Non plastic dental fittings.
11–Aug–05 ....
Molds for plastic injection molding and metal die casting.
22–Jul–05 ......
22–Jul–05 ......
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 04–BIS–14]
Action Affecting Export Privileges;
Sunford Trading, Ltd.; In the Matter of:
Sunford Trading Ltd., Room 2208, 22/
F, 118 Connaught Road West, Hong
Kong, China, Respondent; Order
Relating to Sunford Trading, Ltd.
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has initiated an administrative
proceeding against Sunford Trading,
Ltd. (‘‘Sunford’’) pursuant to Section
766.3 of the Export Administration
Regulations (currently codified at 15
CFR parts 730–774 (2005))
(‘‘Regulations’’),1 and Section 13(c) of
the Export Administration Act of 1979,
as amended (50 U.S.C. app. 2401–2420
(2000)) (‘‘Act’’),2 through issuance of a
1 The violations charged occurred during 1999.
The Regulations governing the violations at issue
are found in the 1999 version of the Code of Federal
Regulations (15 CFR parts 730–774 (1999)). The
2005 Regulations establish the procedures that
apply to this matter.
2 From August 21, 1994 through November 12,
2000, the Act was in lapse. During that period, the
President, through Executive Order 12924, which
had been extended by successive Presidential
Notices, the last of which was August 3, 2000 (3
CFR, 2000 Comp. 397 (2001)), continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701–
1706 (2000)) (‘‘IEEPA’’). On November 13, 2000, the
Act was reauthorized and it remained in effect
through August 20, 2001. Since August 21, 2001,
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
charging letter to Sunford that alleged
that Sunford committed three violations
of the Regulations. Specifically, the
charges are:
1. One violation of 15 CFR 764.2(e)—
Ordering, Buying, Financing, and/or
Forwarding Items to China With the
Knowledge That a Violation of the
Regulations Will Occur. Beginning on or
about November 23, 1998 and
continuing to on or about July 20, 1999,
Sunford ordered, bought, financed, and/
or forwarded an industrial hot press
furnace to the Beijing Research Institute
of Materials and Technology
(hereinafter, ‘‘BRIMT’’) in China with
knowledge that a violation of the
Regulations would occur. Specifically,
at the time Sunford ordered, bought,
financed, and/or forwarded the furnace,
it knew or had reason to know that a
Department of Commerce license was
required for export to BRIMT under
Section 744.3 of the Regulations, and
that such license would not be obtained.
2. One violation of 15 CFR 764.2(d)—
Conspiring To Export an Industrial
Furnace to China Without the Required
U.S. Government Authorization.
Beginning on or about November 23,
1998 and continuing to on or about July
20, 1999, Sunford conspired or acted in
concert with others, known and
the Act has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), as extended by the Notice
of August 6, 2004 (69 FR 48763, August 10, 2004),
has continued the Regulations in effect under the
IEEPA.
E:\FR\FM\25AUN1.SGM
25AUN1
Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices
unknown, to bring about acts that
constituted a violation of the
Regulations when it agreed to
participate in the export of the furnace
referenced above to BRIMT in China
without the Department of Commerce
license required by Section 744.3 of the
Regulations. In furtherance of the
conspiracy, Sunford and its coconspirators agreed to conceal the
identity of the actual end-user and of
the item being exported in an attempt to
circumvent the license requirement
described in Section 744.3 of the
Regulations.
3. One violation of 15 CFR 764.2(b)—
Causing an Export to China Without the
Required Department of Commerce
License. Beginning on or about
November 23, 1998 and continuing to
on or about July 20, 1999, Sunford
caused the export of the furnace
described above to BRIMT in China
without the required Department of
Commerce license. Specifically, Sunford
ordered, bought, financed, and/or
forwarded the industrial furnace
described above, thereby causing the
furnace to be exported to BRIMT in
China despite the fact that the
Department of Commerce license
required by Section 744.3 of the
Regulations had not been obtained.
Whereas, BIS and Sunford have
entered into a Settlement Agreement
pursuant to Section 766.18(b) of the
Regulations whereby they agreed to
settle this matter in accordance with the
terms and conditions set forth therein,
and
Whereas I have approved of the terms
of such Settlement Agreement;
It is therefore ordered:
First, that a civil penalty of $33,000 is
assessed against Sunford, which shall be
paid to the U.S. Department of
Commerce within 30 days from the date
of entry of this Order. Payment shall be
made in the manner specified in the
attached instructions.
Second, that, pursuant to the Debt
Collection Act of 1982, as amended (31
U.S.C. 3701–3720E (2000)), the civil
penalty owed under this Order accrues
interest as more fully described in the
attached Notice, and, if payment is not
made by the due date specified herein,
Sunford will be assessed, in addition to
the full amount of the civil penalty and
interest, a penalty charge and an
administrative charge, as more fully
described in the attached Notice.
Third, that the timely payment of the
civil penalty set forth above is hereby
made a condition to the granting,
restoration, or continuing validity of any
export license, license exception,
permission, or privilege granted, or to be
granted, to Sunford, Accordingly, if
VerDate jul<14>2003
15:58 Aug 24, 2005
Jkt 205001
Sunford should fail to pay the civil
penalty in a timely manner, the
undersigned may enter an Order
denying all of Sunford’s export
privileges for a period of one year from
the date of entry of this Order.
Fourth, for a period of three years
from the date of entry of the Order,
Sunford Trading, Ltd., Room 2208, 22/
F, 118 Connaught Road West, Hong
Kong, China, its successors or assigns,
and when acting for or on behalf of
Sunford, its officers, representatives,
agents, or employees (‘‘Denied Person’’)
may not participate, directly or
indirectly, 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, or in any
other activity 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.
Fifth, 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 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
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
49911
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.
Sixth, that, to prevent evasion of this
Order, BIS, after notice and opportunity
for comment as provided in Section
766.23 of the Regulations, may make
any person, firm, corporation, or
business organization related to Sunford
by affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services subject to the
provisions of this Order.
Seventh, that this Order does not
prohibit any export, reexport, or other
transaction subject to the Regulations
where the only items involved that are
subject to the Regulations are the
foreign-produced direct product of U.S.origin technology.
Eighth, that the charging letter, the
Settlement Agreement, this Order, and
the record of this case as defined by
Section 766.20 of the Regulations shall
be made available to the public.
Ninth, that the administrative law
judge shall be notified that this case is
withdrawn from adjudication.
This Order, which constitutes the
final agency action in this matter, is
effective upon publication in the
Federal Register.
Entered this 18th day of August 2005.
Wendy Wysong,
Acting Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 05–16885 Filed 8–24–05; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 081905B]
Notice of Intent to Conduct Public
Scoping Meetings and to Prepare an
Environmental Impact Statement
Related to the Makah Tribe’s
Continuation of Treaty Right Hunting
of Gray Whales
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
E:\FR\FM\25AUN1.SGM
25AUN1
]]>Agencies
[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Notices]
[Pages 49910-49911]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16885]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 04-BIS-14]
Action Affecting Export Privileges; Sunford Trading, Ltd.; In the
Matter of: Sunford Trading Ltd., Room 2208, 22/F, 118 Connaught Road
West, Hong Kong, China, Respondent; Order Relating to Sunford Trading,
Ltd.
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has initiated an administrative proceeding against Sunford
Trading, Ltd. (``Sunford'') pursuant to Section 766.3 of the Export
Administration Regulations (currently codified at 15 CFR parts 730-774
(2005)) (``Regulations''),\1\ and Section 13(c) of the Export
Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420
(2000)) (``Act''),\2\ through issuance of a charging letter to Sunford
that alleged that Sunford committed three violations of the
Regulations. Specifically, the charges are:
---------------------------------------------------------------------------
\1\ The violations charged occurred during 1999. The Regulations
governing the violations at issue are found in the 1999 version of
the Code of Federal Regulations (15 CFR parts 730-774 (1999)). The
2005 Regulations establish the procedures that apply to this matter.
\2\ From August 21, 1994 through November 12, 2000, the Act was
in lapse. During that period, the President, through Executive Order
12924, which had been extended by successive Presidential Notices,
the last of which was August 3, 2000 (3 CFR, 2000 Comp. 397 (2001)),
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706 (2000))
(``IEEPA''). On November 13, 2000, the Act was reauthorized and it
remained in effect through August 20, 2001. 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)), as extended
by the Notice of August 6, 2004 (69 FR 48763, August 10, 2004), has
continued the Regulations in effect under the IEEPA.
---------------------------------------------------------------------------
1. One violation of 15 CFR 764.2(e)--Ordering, Buying, Financing,
and/or Forwarding Items to China With the Knowledge That a Violation of
the Regulations Will Occur. Beginning on or about November 23, 1998 and
continuing to on or about July 20, 1999, Sunford ordered, bought,
financed, and/or forwarded an industrial hot press furnace to the
Beijing Research Institute of Materials and Technology (hereinafter,
``BRIMT'') in China with knowledge that a violation of the Regulations
would occur. Specifically, at the time Sunford ordered, bought,
financed, and/or forwarded the furnace, it knew or had reason to know
that a Department of Commerce license was required for export to BRIMT
under Section 744.3 of the Regulations, and that such license would not
be obtained.
2. One violation of 15 CFR 764.2(d)--Conspiring To Export an
Industrial Furnace to China Without the Required U.S. Government
Authorization. Beginning on or about November 23, 1998 and continuing
to on or about July 20, 1999, Sunford conspired or acted in concert
with others, known and
[[Page 49911]]
unknown, to bring about acts that constituted a violation of the
Regulations when it agreed to participate in the export of the furnace
referenced above to BRIMT in China without the Department of Commerce
license required by Section 744.3 of the Regulations. In furtherance of
the conspiracy, Sunford and its co-conspirators agreed to conceal the
identity of the actual end-user and of the item being exported in an
attempt to circumvent the license requirement described in Section
744.3 of the Regulations.
3. One violation of 15 CFR 764.2(b)--Causing an Export to China
Without the Required Department of Commerce License. Beginning on or
about November 23, 1998 and continuing to on or about July 20, 1999,
Sunford caused the export of the furnace described above to BRIMT in
China without the required Department of Commerce license.
Specifically, Sunford ordered, bought, financed, and/or forwarded the
industrial furnace described above, thereby causing the furnace to be
exported to BRIMT in China despite the fact that the Department of
Commerce license required by Section 744.3 of the Regulations had not
been obtained.
Whereas, BIS and Sunford have entered into a Settlement Agreement
pursuant to Section 766.18(b) of the Regulations whereby they agreed to
settle this matter in accordance with the terms and conditions set
forth therein, and
Whereas I have approved of the terms of such Settlement Agreement;
It is therefore ordered:
First, that a civil penalty of $33,000 is assessed against Sunford,
which shall be paid to the U.S. Department of Commerce within 30 days
from the date of entry of this Order. Payment shall be made in the
manner specified in the attached instructions.
Second, that, pursuant to the Debt Collection Act of 1982, as
amended (31 U.S.C. 3701-3720E (2000)), the civil penalty owed under
this Order accrues interest as more fully described in the attached
Notice, and, if payment is not made by the due date specified herein,
Sunford will be assessed, in addition to the full amount of the civil
penalty and interest, a penalty charge and an administrative charge, as
more fully described in the attached Notice.
Third, that the timely payment of the civil penalty set forth above
is hereby made a condition to the granting, restoration, or continuing
validity of any export license, license exception, permission, or
privilege granted, or to be granted, to Sunford, Accordingly, if
Sunford should fail to pay the civil penalty in a timely manner, the
undersigned may enter an Order denying all of Sunford's export
privileges for a period of one year from the date of entry of this
Order.
Fourth, for a period of three years from the date of entry of the
Order, Sunford Trading, Ltd., Room 2208, 22/F, 118 Connaught Road West,
Hong Kong, China, its successors or assigns, and when acting for or on
behalf of Sunford, its officers, representatives, agents, or employees
(``Denied Person'') may not participate, directly or indirectly, 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, or
in any other activity 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.
Fifth, 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 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.
Sixth, that, to prevent evasion of this Order, BIS, after notice
and opportunity for comment as provided in Section 766.23 of the
Regulations, may make any person, firm, corporation, or business
organization related to Sunford by affiliation, ownership, control, or
position of responsibility in the conduct of trade or related services
subject to the provisions of this Order.
Seventh, that this Order does not prohibit any export, reexport, or
other transaction subject to the Regulations where the only items
involved that are subject to the Regulations are the foreign-produced
direct product of U.S.-origin technology.
Eighth, that the charging letter, the Settlement Agreement, this
Order, and the record of this case as defined by Section 766.20 of the
Regulations shall be made available to the public.
Ninth, that the administrative law judge shall be notified that
this case is withdrawn from adjudication.
This Order, which constitutes the final agency action in this
matter, is effective upon publication in the Federal Register.
Entered this 18th day of August 2005.
Wendy Wysong,
Acting Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 05-16885 Filed 8-24-05; 8:45 am]
BILLING CODE 3510-DT-M
