Action Affecting Export Privileges; Ruo Ling Wang, Respondent and Beijing Rich Linscience Electronics Company; Related Person; Order Denying Export Privileges, 23896-23897 [06-3895]

Download as PDF wwhite on PROD1PC65 with NOTICES 23896 Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Notices proposals designed to enhance access and reduce the FTZ program’s costs, particularly for small and medium-sized manufacturers, thereby helping to improve such companies’ international competitiveness. The proposals resulted in implementation of a new procedure for temporary/interim manufacturing (T/IM) authority, new application guidelines/forms, and increased outreach. Now, after eighteen months of experience in administering the new procedures and guidelines, the FTZ Board is assessing two possible proposals for improvements. One possible improvement could involve modifying the T/IM procedure to define eligibility for application consideration on the basis of broader product and input categories than is currently the practice. However, T/IM applicants would still be required to explain the specific activity which they seek to conduct under T/IM procedures, including the degree of similarity of requested products/inputs to already approved products/inputs in the T/IM database. Modification of the T/IM procedure would leave most current elements of T/IM practice in place, including limitation to non-complex, non-controversial proposals, the requirement for a 30-day public comment period on any T/IM proposal, the practice of consultation with appropriate industry experts within government, and the FTZ Board Executive Secretary’s discretion to refer any T/IM case to the full FTZ Board. A particular benefit of modifying the T/IM procedure, as outlined above, could be to give manufacturers already operating in FTZs/subzones greater ability to react quickly to new challenges or opportunities. A second possible improvement could involve providing further guidance to potential applicants or FTZ users on the parameters of the scope of a given application/grant of authority. The focus would be on means of ensuring flexibility for users while maintaining a meaningful application review process for the FTZ Board and potential interested parties. Public comment on these possible improvements is invited from interested parties. We ask that parties fax a copy of their comments, addressed to the Board’s Executive Secretary, to (202) 482–0002. We also ask that parties submit the original of their comments to the Board’s Executive Secretary at one of the following addresses: 1. Submissions Via Express/Package Delivery Services: Foreign-Trade-Zones Board, U.S. Department of Commerce, Franklin Court Building—Suite 4100W, VerDate Aug<31>2005 16:59 Apr 24, 2006 Jkt 208001 1099 14th St., NW., Washington, DC 20005; or 2. Submissions Via the U.S. Postal Service: Foreign-Trade-Zones Board, U.S. Department of Commerce, FCB— Suite 4100W, 1401 Constitution Ave., NW., Washington, DC 20230. The closing period for the receipt of public comments is May 25, 2006. Any questions about this request for comments may be directed to the FTZ Board staff at (202) 482–2862. Dated: April 20, 2006. Dennis Puccinelli, Executive Secretary. [FR Doc. E6–6223 Filed 4–24–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Ruo Ling Wang, Respondent and Beijing Rich Linscience Electronics Company; Related Person; Order Denying Export Privileges A. Denial of Export Privileges of Ruo Ling Wang On May 2, 2005, in the U.S. District Court in the Eastern District of Wisconsin, Ruo Ling Wang (‘‘Wang’’) was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701–1706 (2000)) (‘‘IEEPA’’). Wang was found guilty of knowingly and willfully making a false statement and concealing a material fact from the Bureau of Industry and Security and the former U.S. Customs Service. Wang was sentenced to a term of ‘‘time served’’ (of approximately 61⁄2 months in prison). Section 11(h) of the Export Administration Act of 1979, as amended (currently codified at 50 U.S.C. app. §§ 2401–2420 (2000)) (‘‘Act’’) 1 and section 766.25 of the Export Administration Regulations (‘‘Regulations’’) 2 provide, in pertinent 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, 200 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 21, 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 (2006). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 * * * 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 Wang’s conviction for violating the IEEPA, and have provided notice and an opportunity for Wang to make a written submission to the Bureau of Industry and Security as provided in section 766.25 of the Regulations. On February 15, 2006, BIS mailed the notice letter to Wang by registered mail at her last known address in Beijing, China. To date, BIS has not received the registered mail receipt. However, pursuant to section 766.25(b) of the Regulations, BIS has met the legal requirements and this action constitutes providing notice under the Regulations. Having received no submission from Wang, I, following consultations with the Export Enforcement, including the Director, Office of Export Enforcement, have decided to deny Wang’s export privileges under the Regulations for a period of 10 years from the date of Wang’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 February 15, 2006, I gave notice to Beijing Rich Linscience Electronics Company (‘‘BRLE’’), by registered mail at its last known addresses in Beijing, China, notifying BRLE that its export privileges under the Regulations could be denied for up to 10 years as BIS believes that BRLE is related to Wang and including BRLE in the Wang Order is necessary to prevent evasion. The basis for naming BRLE to the Wang order include the facts that Wang is one of the owners of BRLE and BRLE has been receiving unlicensed exports from the United States of electronic components and semiconductor chips, items subject to the Regulations. To date, BIS has not E:\FR\FM\25APN1.SGM 25APN1 wwhite on PROD1PC65 with NOTICES Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Notices received the registered mail receipt. However, pursuant to section 766.25(b) of the Regulations, BIS has met the legal requirements and these actions constitute providing notice under the Regulations. Having received no submission from BRLE, I, following consultations with the Export Enforcement, including the Director, Office of Export Enforcement, have decided to name BRLE as a related person to the Wang Denial Order, thereby denying BRLE’s export privileges from 10 years from the date of Wang’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Wang and BRLE had an interest at the time of Wang’s conviction. The 10-year denial period ends on May 2, 2015. Accordingly, it is hereby ordered: I. Until May 2, 2015, Ruo Ling Wang, No. 2 Zhong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086, and when acting for or on her behalf, her employees, agents or representatives, (‘‘the Denied Person’’) and the following person related to the Denied Person as defined by section 766.23 of the Regulations, Beijing Rich Linscience Electronics Company, Services, No. 2 Zhiong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086, and when acting for or on its behalf, its employees, agents or representatives, (‘‘the Related Persons’’) (together, the Denied Person and the Related Persons are ‘‘Persons 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 a 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 Regulations, or in any other activity subject to the Regulations. VerDate Aug<31>2005 16:59 Apr 24, 2006 Jkt 208001 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 form the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. III. In addition to the Related Person 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 Wang 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 May 2, 2015. VI. In accordance with part 756 of the Regulations, Wang may file an appeal of this Order with the Under Secretary of PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 23897 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. In accordance with section 766.23(c), BRLE may file an appeal with the Administrative Law Judge. VIII. A copy of this Order shall be delivered to Wang and BRLE. This Order shall be published in the Federal Register. Dated: April 18, 2006. Eileen M. Albanese, Director, Office of Exporter Service. [FR Doc. 06–3895 Filed 4–24–06; 8:45am] BILLING CODE 3510–DT–M DEPARTMENT OF COMMERCE International Trade Administration [A–580–825] Oil Country Tubular Goods from Korea: Notice of Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 25, 2006. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Dara Iserson, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone: (202) 482–1395 or (202) 482– 4052, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 31, 2005, the Department of Commerce (the Department) received timely requests for an administrative review of the antidumping duty order on oil country tubular goods (OCTG) from Korea, with respect to SeAH Steel Corporation and Husteel Co., Ltd. On September 28, 2005, the Department published a notice of initiation of this administrative review for the period of August 1, 2004, through July 31, 2005. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part, 70 FR 56631 (September 28, 2005). Extension of Time Limits for Preliminary Results Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), the Department shall issue preliminary results in an administrative review of an E:\FR\FM\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Notices]
[Pages 23896-23897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3895]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Action Affecting Export Privileges; Ruo Ling Wang, Respondent and 
Beijing Rich Linscience Electronics Company; Related Person; Order 
Denying Export Privileges

A. Denial of Export Privileges of Ruo Ling Wang

    On May 2, 2005, in the U.S. District Court in the Eastern District 
of Wisconsin, Ruo Ling Wang (``Wang'') was convicted of violating the 
International Emergency Economic Powers Act (50 U.S.C. 1701-1706 
(2000)) (``IEEPA''). Wang was found guilty of knowingly and willfully 
making a false statement and concealing a material fact from the Bureau 
of Industry and Security and the former U.S. Customs Service. Wang was 
sentenced to a term of ``time served'' (of approximately 6\1/2\ 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.  2401-2420 (2000)) 
(``Act'') \1\ and section 766.25 of the Export Administration 
Regulations (``Regulations'') \2\ 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 * * * 
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, 200 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 21, 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 (2006).
---------------------------------------------------------------------------

    I have received notice of Wang's conviction for violating the 
IEEPA, and have provided notice and an opportunity for Wang to make a 
written submission to the Bureau of Industry and Security as provided 
in section 766.25 of the Regulations. On February 15, 2006, BIS mailed 
the notice letter to Wang by registered mail at her last known address 
in Beijing, China. To date, BIS has not received the registered mail 
receipt. However, pursuant to section 766.25(b) of the Regulations, BIS 
has met the legal requirements and this action constitutes providing 
notice under the Regulations.
    Having received no submission from Wang, I, following consultations 
with the Export Enforcement, including the Director, Office of Export 
Enforcement, have decided to deny Wang's export privileges under the 
Regulations for a period of 10 years from the date of Wang'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 February 
15, 2006, I gave notice to Beijing Rich Linscience Electronics Company 
(``BRLE''), by registered mail at its last known addresses in Beijing, 
China, notifying BRLE that its export privileges under the Regulations 
could be denied for up to 10 years as BIS believes that BRLE is related 
to Wang and including BRLE in the Wang Order is necessary to prevent 
evasion. The basis for naming BRLE to the Wang order include the facts 
that Wang is one of the owners of BRLE and BRLE has been receiving 
unlicensed exports from the United States of electronic components and 
semiconductor chips, items subject to the Regulations. To date, BIS has 
not

[[Page 23897]]

received the registered mail receipt. However, pursuant to section 
766.25(b) of the Regulations, BIS has met the legal requirements and 
these actions constitute providing notice under the Regulations.
    Having received no submission from BRLE, I, following consultations 
with the Export Enforcement, including the Director, Office of Export 
Enforcement, have decided to name BRLE as a related person to the Wang 
Denial Order, thereby denying BRLE's export privileges from 10 years 
from the date of Wang's conviction.
    I have also decided to revoke all licenses issued pursuant to the 
Act or Regulations in which Wang and BRLE had an interest at the time 
of Wang's conviction. The 10-year denial period ends on May 2, 2015.
    Accordingly, it is hereby ordered:
    I. Until May 2, 2015, Ruo Ling Wang, No. 2 Zhong Guan Cun South 
Avenue, Cyber Mode Room 1001, Haidian District, Beijing, China 100086, 
and when acting for or on her behalf, her employees, agents or 
representatives, (``the Denied Person'') and the following person 
related to the Denied Person as defined by section 766.23 of the 
Regulations, Beijing Rich Linscience Electronics Company, Services, No. 
2 Zhiong Guan Cun South Avenue, Cyber Mode Room 1001, Haidian District, 
Beijing, China 100086, and when acting for or on its behalf, its 
employees, agents or representatives, (``the Related Persons'') 
(together, the Denied Person and the Related Persons are ``Persons 
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 a 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 
Regulations, or in any other activity subject to the Regulations.
     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 form the United States. For purposes of 
this paragraph, servicing means installation, maintenance, repair, 
modification or testing.
     III. In addition to the Related Person 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 Wang 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 May 2, 2015.
     VI. In accordance with part 756 of the Regulations, Wang 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. In accordance with section 766.23(c), BRLE may file an appeal 
with the Administrative Law Judge.
     VIII. A copy of this Order shall be delivered to Wang and BRLE. 
This Order shall be published in the Federal Register.

    Dated: April 18, 2006.
Eileen M. Albanese,
Director, Office of Exporter Service.
[FR Doc. 06-3895 Filed 4-24-06; 8:45am]
BILLING CODE 3510-DT-M
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