Action Affecting Export Privileges; Zhan Gao, Technology Business Services, University Laboratories, Allways, Inc., Donghua Xue, 75447-75448 [05-24234]
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Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices
75447
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
ASSISTANCE FOR THE PERIOD NOVEMBER 4, 2005 THROUGH DECEMBER 14, 2005—Continued
Date petition
accepted
Firm
Address
Glaspro, Inc, dba Zap
Skimers.
Latronics Corp ...............
101 Pond Cypress Road, Venice, FL 34292 .......
11/21/05
Recreational skimboards and surfboards.
1001 Lloyd Avenue, P.O. Box 469, Latrobe, PA
15650.
2000 N. Jesse James Road, Excelsior Springs,
MO 64024.
One Cap America Drive, Fredericktown, MO
63645.
1 Cemetery Street, P.O. Box 176, Catawissa, PA
17820.
975 John Street, West Henrietta, NY 14586–
9780.
2300 N. Broadway Street, Wichita, KS 67219 .....
7301 Ohms Lane, Suite 200, Edina, MN 55439–
2335.
Hwy 111 W., P.O. Box 335, Oregon, MO 64473
9549 Frankoma Road, P.O. Box 789, Sapulpa,
OK 74066.
437 Whittenton Street, P.O. Box 551, Tauton,
MA 02780.
800 East 5th Street, Maysville, KY 41056 ...........
7249 Commerce Drive, Mentor, OH 44060 .........
11/21/05
Hermetic seals and machined components.
11/29/05
Rubber gaskets, washers and seals.
11/29/05
Caps.
Interstate 80, Exit 242, Mifflinville, PA 18631 ......
Comdaco, Inc ................
Cap America, Inc ...........
Catawissa Lumber &
Specialty Co., Inc.
Genesee Group NY, Inc
Treatco, Inc ....................
Hypogard USA, Inc ........
Northwest Seed, Inc ......
Frankoma, Inc ................
Dyecraftsmen, Inc ..........
Wald LLC .......................
Touchstone Designs,
LLC.
Wilkes Pools Corporation.
Any party having a substantial
interest in the proceedings may request
a public hearing on the matter. A
written request for a hearing must be
submitted to the Office of Chief
Counsel, Room 7005, 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 procedures
set forth in section 315.9 of EDA’s
interim final rule (70 FR 47002) for
procedures for requesting a public
hearing. 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.
11/4/05
Hardwood furniture and kitchen components.
12/2/05
Metal parts and accessories.
12/2/05
12/7/05
12/13/05
12/2/05
Natural pet treats.
Blood glucose and urine monitoring strips for diabetic testing.
Soy nut snack foods.
Ceramic tableware.
12/13/05
Dyed yarn.
12/13/05
12/14/05
Bicycle components.
Electric lamps and lighting fixtures,
12/14/05
Swimming pools.
Mill Heights, Herndon, VA 20171; University
Laboratories, 12731 Mill Heights, Herndon,
VA 20171; Allways, Inc., 12731 Mill Heights,
Herndon, VA 20171; Donghua Xue, 12731
Mill Heights, Herndon, VA 20171; Related
Persons
Order Denying Export Privileges
Action Affecting Export Privileges;
Zhan Gao, Technology Business
Services, University Laboratories,
Allways, Inc., Donghua Xue
A. Denial of Export Privileges of Zhan
Gao
On March 5, 2004, in the U.S. District
Court in the Eastern District of Virginia,
Zhan Gao (‘‘Gao’’) was convicted of two
felonies, including one violation of the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706
(2000)) (‘‘IEEPA’’) and one violation of
the Internal Revenue Code (26 U.S.C.
7206 (2000)). As to the IEEPA count,
Gao was found guilty of knowingly and
willfully having exported and caused to
be exported from the United States to
the People’s Republic of China, 80
microprocessors, which were Commerce
Control List items, without obtaining
the required license from the
Department of Commerce. These items
were controlled for national security
reasons for export to China and valued
at approximately $500,000. Gao was
sentenced to seven months in prison.
Section 11(h) of the Export
Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app.
§§ 2491–2420 (2000)) (‘‘Act’’) 1 and
In the Matter of Zhan Gao, 12731 Mill
Heights, Herndon, VA 20171; Respondent:
and Technology Business Services, 12731
1 From August 21, 1994 through November 12,
2000, the Act was in lapse. During that period, the
President, through Executive Order 12924, which
Dated: December 14, 2005.
Benjamin Erulkar,
Chief Counsel.
[FR Doc. E5–7554 Filed 12–19–05; 8:45 am]
BILLING CODE 3510–24–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
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19:23 Dec 19, 2005
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Product
Section 766.25 of the Export
Administration Regulations 2
(‘‘Regulations’’) provide, in pertinent
part, that ‘‘[t]he Director of Exporter
Services, in consultation with the
Director of the Office of Export
Enforcement, may deny export
privileges of any person who has been
convicted of a violation of * * *
IEEPA,’’ for a period not to exceed 10
years from the date of conviction. 15
CFR 766.25(a) and (d). In addition,
Section 750.8 of the Regulations states
that BIS’s Office of Exporter Services
may revoke any BIS licenses previously
issued in which the person had an
interest in at the time of her conviction.
I have received notice of Gao’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Gao to make a written
submission to the Bureau of Industry
and Security as provided in Section
766.25 of the Regulations. Having
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 2, 2005 (70 FR 45273, August 5, 2005),
has continued the Regulations in effect under the
IEEPA.
2 The Regulations are currently codified at 15 CFR
parts 730–774 (2005).
E:\FR\FM\20DEN1.SGM
20DEN1
75448
Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices
received no submission from Gao, I,
following consultations with the Export
Enforcement, including the Director,
Office of Export Enforcement, have
decided to deny Gao’s export privileges
under the Regulations for a period of 10
years from the date of Gao’s conviction.
B. Denial of Export Privileges of Related
Persons
In addition, pursuant to Sections
766.25(h) and 766.23 of the Regulations,
the Director, Office of Exporter Services,
in consultation with the Director, Office
of Export Enforcement, may take action
to name persons related to the
Respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business in order to prevent evasion
of the Order. On March 18, 2005, I gave
notice to Technology Business Services,
University Laboratories, Allways, Inc.
and Donghua Xue, Gao’s husband,
notifying them that their export
privileges under the Regulations could
be denied for up to 10 years as BIS
believed these entities were related to
Gao and including them in the Gao
Order was necessary to prevent evasion.
The basis for considering the addition of
these entities was the fact that Gao had
used these entities to conduct the illegal
business that was subject of the criminal
conviction and all are operated out of
her home in Virginia.
Donghue Xue responded to the
notification and did not raise any
objections to naming the above
referenced related persons. I have
therefore decided to name Technology
Business Services, University
Laboratories, Allways, Inc. and Donghua
Xue as related persons to Zhan Gao,
thereby denying their export privileges
as well.
I have also decided to revoke all
licenses issued pursuant to the Act or
Regulations in which Gao and
Technology Business Services,
University Laboratories, Allways, Inc.
and Donghua Xue had an interest at the
time of Gao’s conviction. The 10-year
denial period ends on March 5, 2014.
Accordingly, it is hereby
Ordered
I. Until March 5, 2014, Zhan Gao,
12731 Mill Heights, Herndon, VA
20171, and when acting for or on her
behalf, her employees, agents or
representatives, (‘‘the Denied Person’’)
and the following persons related to the
Denied Person as defined by Section
766.23 of the Regulations, Technology
Business Services, University
Laboratories, Allways, Inc. and Donghua
Xue, all at 12731 Mill Heights, Herndon,
Virginia 20171, and when acting for or
VerDate Aug<31>2005
19:23 Dec 19, 2005
Jkt 208001
on his or their behalf, his or their
employees, agents or representatives,
(‘‘the Related Persons’’) (together, the
Denied Persons and the Related Persons
are ‘‘Person Subject To This Order’’)
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, 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
Regulation.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Persons Subject To This Order
any item subject to the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Persons Subject To This Order 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 Persons Subject
To This Order 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 Persons Subject To
This Order of any item subject to the
Regulations that has been exported from
the United States;
D. Obtain from the Persons Subject To
This Order 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 Persons
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Fmt 4703
Sfmt 4703
Subject To This Order, or service any
item, of whatever origin, that is owned,
possessed or controlled by the Persons
Subject To This Order 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.
III. In addition to the Related Persons
named above, 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 Gao by
affiliation, ownership, control, or
position of responsibility in the conduct
of trade or related services may also be
made subject to the provisions of this
Order if necessary to prevent evasion of
the Order.
IV. 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until March
5, 2014.
VI. In accordance with Part 756 of the
Regulations, Gao and any of the Related
Persons 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.
VII. A copy of this Order shall be
delivered to Gao and each Related
Person. This Order shall be published in
the Federal Register.
Dated: December 14, 2005.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 05–24234 Filed 12–19–05; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–846
Brake Rotors from the People’s
Republic of China: Extension of Time
Limit for Preliminary Results of
Antidumping Duty Administrative
Review and New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: December 20, 2005.
AGENCY:
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]]>Agencies
[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Notices]
[Pages 75447-75448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24234]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Zhan Gao, Technology Business
Services, University Laboratories, Allways, Inc., Donghua Xue
In the Matter of Zhan Gao, 12731 Mill Heights, Herndon, VA
20171; Respondent: and Technology Business Services, 12731 Mill
Heights, Herndon, VA 20171; University Laboratories, 12731 Mill
Heights, Herndon, VA 20171; Allways, Inc., 12731 Mill Heights,
Herndon, VA 20171; Donghua Xue, 12731 Mill Heights, Herndon, VA
20171; Related Persons
Order Denying Export Privileges
A. Denial of Export Privileges of Zhan Gao
On March 5, 2004, in the U.S. District Court in the Eastern
District of Virginia, Zhan Gao (``Gao'') was convicted of two felonies,
including one violation of the International Emergency Economic Powers
Act (50 U.S.C. 1701-1706 (2000)) (``IEEPA'') and one violation of the
Internal Revenue Code (26 U.S.C. 7206 (2000)). As to the IEEPA count,
Gao was found guilty of knowingly and willfully having exported and
caused to be exported from the United States to the People's Republic
of China, 80 microprocessors, which were Commerce Control List items,
without obtaining the required license from the Department of Commerce.
These items were controlled for national security reasons for export to
China and valued at approximately $500,000. Gao was sentenced to seven
months in prison.
Section 11(h) of the Export Administration Act of 1979, as amended
(currently codified at 50 U.S.C. app. Sec. Sec. 2491-2420 (2000))
(``Act'') \1\ and Section 766.25 of the Export Administration
Regulations \2\ (``Regulations'') provide, in pertinent part, that
``[t]he Director of Exporter Services, in consultation with the
Director of the Office of Export Enforcement, may deny export
privileges of any person who has been convicted of a violation of * * *
IEEPA,'' for a period not to exceed 10 years from the date of
conviction. 15 CFR 766.25(a) and (d). In addition, Section 750.8 of the
Regulations states that BIS's Office of Exporter Services may revoke
any BIS licenses previously issued in which the person had an interest
in at the time of her conviction.
---------------------------------------------------------------------------
\1\ 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 2, 2005 (70 FR 45273, August 5, 2005), has
continued the Regulations in effect under the IEEPA.
\2\ The Regulations are currently codified at 15 CFR parts 730-
774 (2005).
---------------------------------------------------------------------------
I have received notice of Gao's conviction for violating the IEEPA,
and have provided notice and an opportunity for Gao to make a written
submission to the Bureau of Industry and Security as provided in
Section 766.25 of the Regulations. Having
[[Page 75448]]
received no submission from Gao, I, following consultations with the
Export Enforcement, including the Director, Office of Export
Enforcement, have decided to deny Gao's export privileges under the
Regulations for a period of 10 years from the date of Gao's conviction.
B. Denial of Export Privileges of Related Persons
In addition, pursuant to Sections 766.25(h) and 766.23 of the
Regulations, the Director, Office of Exporter Services, in consultation
with the Director, Office of Export Enforcement, may take action to
name persons related to the Respondent by ownership, control, position
of responsibility, affiliation, or other connection in the conduct of
trade or business in order to prevent evasion of the Order. On March
18, 2005, I gave notice to Technology Business Services, University
Laboratories, Allways, Inc. and Donghua Xue, Gao's husband, notifying
them that their export privileges under the Regulations could be denied
for up to 10 years as BIS believed these entities were related to Gao
and including them in the Gao Order was necessary to prevent evasion.
The basis for considering the addition of these entities was the fact
that Gao had used these entities to conduct the illegal business that
was subject of the criminal conviction and all are operated out of her
home in Virginia.
Donghue Xue responded to the notification and did not raise any
objections to naming the above referenced related persons. I have
therefore decided to name Technology Business Services, University
Laboratories, Allways, Inc. and Donghua Xue as related persons to Zhan
Gao, thereby denying their export privileges as well.
I have also decided to revoke all licenses issued pursuant to the
Act or Regulations in which Gao and Technology Business Services,
University Laboratories, Allways, Inc. and Donghua Xue had an interest
at the time of Gao's conviction. The 10-year denial period ends on
March 5, 2014.
Accordingly, it is hereby
Ordered
I. Until March 5, 2014, Zhan Gao, 12731 Mill Heights, Herndon, VA
20171, and when acting for or on her behalf, her employees, agents or
representatives, (``the Denied Person'') and the following persons
related to the Denied Person as defined by Section 766.23 of the
Regulations, Technology Business Services, University Laboratories,
Allways, Inc. and Donghua Xue, all at 12731 Mill Heights, Herndon,
Virginia 20171, and when acting for or on his or their behalf, his or
their employees, agents or representatives, (``the Related Persons'')
(together, the Denied Persons and the Related Persons are ``Person
Subject To This Order'') 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, 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 Regulation.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Persons Subject To
This Order any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Persons Subject To This Order 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 Persons
Subject To This Order 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 Persons Subject To This Order of any
item subject to the Regulations that has been exported from the United
States;
D. Obtain from the Persons Subject To This Order 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 Persons Subject To
This Order, or service any item, of whatever origin, that is owned,
possessed or controlled by the Persons Subject To This Order 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.
III. In addition to the Related Persons named above, 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 Gao by affiliation, ownership, control, or
position of responsibility in the conduct of trade or related services
may also be made subject to the provisions of this Order if necessary
to prevent evasion of the Order.
IV. 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.
V. This Order is effective immediately and shall remain in effect
until March 5, 2014.
VI. In accordance with Part 756 of the Regulations, Gao and any of
the Related Persons 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.
VII. A copy of this Order shall be delivered to Gao and each
Related Person. This Order shall be published in the Federal Register.
Dated: December 14, 2005.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 05-24234 Filed 12-19-05; 8:45 am]
BILLING CODE 3510-DT-M
