Action Affecting Export Privileges; Data Physics Corporation, Data Physics China, SRI Welranta, Bill Chen; In the Matter of: Data Physics Corporation, 2025 Gateway Place, Suite 260, San Jose, California, 95110; Data Physics China, 1605B Westgate Tower, 1038 Nanjing Road West, Shanghai, P.R. China 200041; Data Physics China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian District, Beijing, P.R. China, 100089; Sri Welranta, President, Data Physics Corporation, 2025 Gateway Place, Suite 260, San Jose, California, 95110; Bill Chen, Manager, AKA: Yuequan Chen, Data Physics China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian District, Beijing, P.R. China, 100089; Respondents; Order Temporarily Denying Export Privileges, 29613-29615 [E6-7733]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Notices
Signed at Washington, DC, this 15th day of
May 2006.
Signed at Washington, DC, this 15th day of
May 2006.
David M. Spooner,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Dennis Puccinelli,
Executive Secretary.
[FR Doc. E6–7839 Filed 5–22–06; 8:45 am]
David M. Spooner,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Dennis Puccinelli,
Executive Secretary.
[FR Doc. E6–7838 Filed 5–22–06; 8:45 am]
BILLING CODE 3510–DS–S
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
Foreign–Trade Zones Board
[Order No. 1451]
[Order No. 1449]
Grant of Authority for Subzone Status,
Tiffany & Co., (Jewelry and Consumer
Goods), Parsippany and Whippany,
New Jersey
Pursuant to its authority under the
Foreign–Trade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the Foreign–
Trade Zones Board (the Board) adopts the
following Order:
rmajette on PROD1PC67 with NOTICES
Expansion of Foreign–Trade Zone 104,
Savannah, Georgia
Pursuant to its authority under the
Foreign–Trade Zones Act, of June 18, 1934,
as amended (19 U.S.C. 81a–81u), the
Foreign–Trade Zones Board (the Board)
adopts the following Order:
Whereas, the Savannah Airport
Commission, grantee of Foreign–Trade
Zone 104, submitted an application to
the Board for authority to expand FTZ
104 to include a site (1,592 acres, Site
7) within the Tradeport Business Center
industrial park located in Midway
(Liberty County), Georgia, adjacent to
the Savannah Customs port of entry
(FTZ Docket 54–2005; filed 10/24/05);
Whereas, notice inviting public
comment was given in the Federal
Register (70 FR 65882, 11/1/05) and the
application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application to expand FTZ 104 is
approved, subject to the Act and the
Board’s regulations, including Section
400.28, and further subject to the
Board’s standard 2,000–acre activation
limit for the overall general–purpose
zone project.
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16:41 May 22, 2006
Jkt 208001
Whereas, the Foreign–Trade Zones
Act provides for ‘‘...the establishment...
of foreign–trade zones in ports of entry
of the United States, to expedite and
encourage foreign commerce, and for
other purposes,’’ and authorizes the
Foreign–Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign–trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR Part 400) provide for the
establishment of special–purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the New Jersey Commerce,
Economic Growth & Tourism
Commission, grantee of Foreign–Trade
Zone 44, has made application to the
Board for authority to establish special–
purpose subzone at the jewelry and
consumer goods distribution and
packaging facility of Tiffany & Co.,
located in Parsippany and Whippany,
New Jersey (FTZ Docket 34–2005, filed
7/19/05);
Whereas, notice inviting public
comment was given in the Federal
Register (70 FR 43395, 7/27/05); and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that approval of the application is in the
public interest;
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Fmt 4703
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29613
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to jewelry and consumer
goods packaging and distribution at the
facilities of Tiffany & Co., located in
Parsippany and Whippany, New Jersey
(Subzone 44F), as described in the
application and Federal Register notice,
and subject to the FTZ Act and the
Board’s regulations, including § 400.28
Signed at Washington, DC, this 15th day of
May 2006.
David M. Spooner,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Dennis Puccinelli,
Executive Secretary.
[FR Doc. E6–7840 Filed 5–22–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Data Physics Corporation, Data
Physics China, SRI Welranta, Bill
Chen; In the Matter of: Data Physics
Corporation, 2025 Gateway Place,
Suite 260, San Jose, California, 95110;
Data Physics China, 1605B Westgate
Tower, 1038 Nanjing Road West,
Shanghai, P.R. China 200041; Data
Physics China, RM. 1509, Building 2,
Xinquduan Jiayan, No. 5
Changchunquia Road, Haidian District,
Beijing, P.R. China, 100089; Sri
Welranta, President, Data Physics
Corporation, 2025 Gateway Place,
Suite 260, San Jose, California, 95110;
Bill Chen, Manager, AKA: Yuequan
Chen, Data Physics China, RM. 1509,
Building 2, Xinquduan Jiayan, No. 5
Changchunquia Road, Haidian District,
Beijing, P.R. China, 100089;
Respondents; Order Temporarily
Denying Export Privileges
Pursuant to Section 766.24 of the
Export Administration Regulations
(‘‘EAR’’),1 the Bureau of Industry and
Security (‘‘BIS’’), U.S. Department of
Commerce, through its Office of Export
Enforcement (‘‘OEE’’), has requested
that I issue an Order temporarily
1 15 CFR parts 730–774 (2006). The EAR are
issued under the Export Administration Act of
1979, as amended (50 U.S.C. app. 2401–2420
(2000)) (‘‘EAA’’). Since August 21, 2001, the EAA
has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 C.F.R.,
2001 Comp. 783 (2002)), as extended by the Notice
of August 2, 2005 (70 FR 45,273, (August 5, 2005)),
has continued the EAR in effect under the
International Emergency Economic Powers Act (50
U.S.C. 1701–1706 (2000)) (‘‘IEEPA’’).
E:\FR\FM\23MYN1.SGM
23MYN1
rmajette on PROD1PC67 with NOTICES
29614
Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Notices
denying the export privileges under the
EAR of:
(1) Data Physics Corporation, 2025
Gateway Place, Suite 260, San Jose,
California, 95110.
(2) Data Physics China (Shanghai
Office), 1605B Westgate Tower, 1038
Nanjing Road West, Shanghai, P.R.
China, 200041.
(3) Data Physics China (Beijing
Office), RM. 1509, Building 2,
Xinquduan Jiayan, No. 5
Changchunquia Road, Haidian District,
Beijing, P.R. China, 100089.
(4) Sri Welranta, President, Data
Physics Corporation, 2025 Gateway
Place, Suite 260, San Jose, California,
95110.
(5) Bill Chen, Manager, AKA:
Yuequan Chen, Data Physics China, RM.
1509, Building 2, Xinquduan Jiayan, No.
5 Changchunquia Road, Haidian
District, Beijing, P.R. China, 100089
(hereinafter collectively referred to as
the ‘‘Respondents’’) for 180 days.
In its request, BIS has presented
evidence that shows that Data Physics
Corporation (‘‘Data Physics’’) and its
Beijing and Shanghai offices, with the
knowledge of company president Sri
Welranta (‘‘Welranta’’) and manager Bill
Chen (‘‘Chen’’), engaged in conduct
prohibited by the EAR. Specifically,
Data Physics sold and shipped items
subject to the EAR to an end-user in
China, who is engaged in the design,
development, production and use of
cruise missile systems without an
export license as required by Section
744.3 of the EAR.
Specifically, the evidence shows that,
on or about June 12, 2002, Respondents
sold and later shipped spherical
couplings, items subject to the EAR,
from the United States to China
HaiYang Electro Mechanical
Technology Academy (‘‘3rd Academy’’)
in China, an end-user involved in the
development of cruise missiles. The
evidence shows that Data Physics
attempted to conceal the identity of the
end-user by using a false customer name
‘‘27th Locomotive Factory.’’ Data
Physics would also attempt to evade the
licensing requirements by breaking
down the items into smaller
components and separate shipments in
order to avoid raising suspicion.
Installation reports seized from Data
Physics show that after the items would
arrive at the 3rd Academy, employees
from the Chinese offices of Data Physics
would go reassemble and install the
equipment.
There is also evidence that on or
about June 23, 2005, Data Physics
exported a Test Shaker to the 3rd
Academy again using the false customer
name ‘‘27th Locomotive Factory.’’
VerDate Aug<31>2005
15:14 May 22, 2006
Jkt 208001
Specifically, Data Physics filed a
Shipper’s Export Declaration (‘‘SED’’)
for the item stating it was being shipped
to China National Instruments in
Beijing, China. Further investigation
reveals that the Data Physics’ contract
summary for the Test Shaker lists the
‘‘27th Locomotive Factory’’ as the enduser. China National Instruments acted
as the trading company.
The evidence also demonstrates that
the Respondents were aware of
restrictions on the shipment of U.S.
commodities that can be used for the
design, development, production or use
of rocket systems or unmanned aerial
vehicles to end-users in Country Group
D.2 Specifically, copies of EAR Section
744.3 were found during a search of
Data Physics with the applicable
portions highlighted. Additionally,
numerous Data Physics employees
including Welranta attended BIS
training involving exports to China and
end-use restrictions.
I find that the evidence presented by
BIS demonstrates that the Respondents
have violated the EAR, that such
violations have been deliberate and
covert, and that there is a likelihood of
future violations, particularly given the
nature of the transactions. As such, a
Temporary Denial Order (‘‘TDO’’) is
needed to give notice to persons and
companies in the United States and
abroad that they should cease dealing
with the Respondents in export
transactions involving items subject to
the EAR. Such a TDO is consistent with
the public interest to preclude future
violations of the EAR.
Accordingly, I find that a TDO
naming Data Physics Corporation, its
two offices in China, Sri Welranta and
Bill Chen Respondents is necessary, in
the public interest, to prevent an
imminent violation of the EAR. This
Order is issued on an ex parte basis
without a hearing based upon BIS’s
showing of an imminent violation.
It is therefore ordered: First, that the
Respondents, Data Physics Corporation,
2025 Gateway Place, Suite 260, San
Jose, California, 95110, and Data Physics
China, 1605B Westgate Tower, 1038
Nanjing Road West, Shanghai, P.R.
China, 200041, and Data Physics China,
RM. 1509, Building 2, Xinquduan
Jiayan, No. 5 Changchunquia Road,
Haidian District, Beijing, P.R. China,
100089, Sri Welranta, President, Data
Physics Corporation, 2025 Gateway
Place, Suite 260, San Jose, California,
95110, and Bill Chen, Manager, AKA:
Yuequan Chen, Data Physics China, RM.
1509, Building 2, Xinquduan Jiayan, No.
2 15 CFR part 740, Supplement 1 for countries in
Group D.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
5 Changchunquia Road, Haidian
District, Beijing, P.R. China, 100089
(collectively the ‘‘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. Benefiting 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 Persons any item subject
to the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Persons 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 Persons 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 Persons of
any item subject to the EAR that has
been exported from the United States;
D. Obtain from the Denied Persons 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
been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Persons, or service any item, of
whatever origin, that is owned,
possessed or controlled by the Denied
Persons if such service involves the use
of any item subject to the EAR that has
been or will be exported from the
E:\FR\FM\23MYN1.SGM
23MYN1
Federal Register / Vol. 71, No. 99 / Tuesday, May 23, 2006 / Notices
United States. For purposes of this
paragraph, servicing means installation,
maintenance, repair, modification or
testing.
Third, 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
Denied Persons 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.
Fourth, 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 766.24(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
of Commerce 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 shall be
published in the Federal Register.
This Order is effective upon date of
publication in the Federal Register and
shall remain in effect for 180 days.
Entered this 12th day of May, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. E6–7733 Filed 5–22–06; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
rmajette on PROD1PC67 with NOTICES
[A–475 818]
Certain Pasta from Italy: Extension of
Time Limits for the Preliminary Results
of the Antidumping Duty
Administrative Review
EFFECTIVE DATE: May 23, 2006.
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
VerDate Aug<31>2005
15:14 May 22, 2006
Jkt 208001
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Preeti Tolani (202)
482–5973 or (202) 482–0395,
respectively, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Ave., NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
29615
This notice is published in
accordance with sections 751(a)(3)(A)
and 777(I) of the Act.
Dated: May 17, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–7841 Filed 5–22–06; 8:45 am]
BILLING CODE: 3510–DS–P
Background
On August 29, 2005, the U.S.
Department of Commerce (‘‘the
Department’’) published a notice of
initiation of the administrative review of
the antidumping duty order on certain
pasta from Italy, covering the period
from July 1, 2004, to June 30, 2005. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 70 FR 51009 (August 29, 2005). On
March 16, 2006, the Department
published a notice of extension of time
limits for the preliminary results of the
administrative review. See Notice of
Extension of Time Limits for the
Preliminary Results of Antidumping
Duty Administrative Review of Certain
Pasta from Italy, 71 FR 13584 (March
16, 2006). The preliminary results of
this review are currently due no later
than May 18, 2006.
Extension of Time Limit of Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to make a
preliminary determination within 245
days after the last day of the anniversary
month of an order or finding for which
a review is requested. Consistent with
section 751(a)(3)(A) of the Act, the
Department may extend the 245–day
period to 365 days if it is not practicable
to complete the review within a 245–
day period.
We determine that completion of the
preliminary results of this review by
May 18, 2006, is not practicable because
additional time is needed by the
Department to consider all comments
filed by the petitioners and respondents
participating in this review, including
the comments filed shortly before the
May 18, 2006, deadline. In order to
analyze necessary additional
information, and in accordance with
section 751(a)(3)(A) of the Act, we are
extending the time period for issuing
the preliminary results to the full 365–
day period. Therefore, the preliminary
results are now due no later than July
31, 2006. The final results continue to
be due 120 days after publication of the
preliminary results.
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Fmt 4703
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0159]
Federal Acquisition Regulation;
Submission for OMB Review; Central
Contractor Registration
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding an extension to an
existing OMB clearance.
AGENCIES:
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Federal
Acquisition Regulation (FAR)
Secretariat has submitted to the Office
of Management and Budget (OMB) a
request to review and approve an
extension of a currently approved
information collection requirement
concerning the Central Contractor
Registration database. A request for
public comments was published in the
Federal Register at 71 FR 6762,
February 9, 2006. No comments were
received.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and whether it will have practical
utility; whether our estimate of the
public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways in which we can
minimize the burden of the collection of
information on those who are to
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
June 22, 2006.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
E:\FR\FM\23MYN1.SGM
23MYN1
]]>Agencies
[Federal Register Volume 71, Number 99 (Tuesday, May 23, 2006)]
[Notices]
[Pages 29613-29615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7733]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Data Physics Corporation,
Data Physics China, SRI Welranta, Bill Chen; In the Matter of: Data
Physics Corporation, 2025 Gateway Place, Suite 260, San Jose,
California, 95110; Data Physics China, 1605B Westgate Tower, 1038
Nanjing Road West, Shanghai, P.R. China 200041; Data Physics China, RM.
1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian
District, Beijing, P.R. China, 100089; Sri Welranta, President, Data
Physics Corporation, 2025 Gateway Place, Suite 260, San Jose,
California, 95110; Bill Chen, Manager, AKA: Yuequan Chen, Data Physics
China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia
Road, Haidian District, Beijing, P.R. China, 100089; Respondents; Order
Temporarily Denying Export Privileges
Pursuant to Section 766.24 of the Export Administration Regulations
(``EAR''),\1\ the Bureau of Industry and Security (``BIS''), U.S.
Department of Commerce, through its Office of Export Enforcement
(``OEE''), has requested that I issue an Order temporarily
[[Page 29614]]
denying the export privileges under the EAR of:
---------------------------------------------------------------------------
\1\ 15 CFR parts 730-774 (2006). The EAR are issued under the
Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-
2420 (2000)) (``EAA''). Since August 21, 2001, the EAA has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 C.F.R., 2001 Comp. 783 (2002)), as extended by the Notice of
August 2, 2005 (70 FR 45,273, (August 5, 2005)), has continued the
EAR in effect under the International Emergency Economic Powers Act
(50 U.S.C. 1701-1706 (2000)) (``IEEPA'').
---------------------------------------------------------------------------
(1) Data Physics Corporation, 2025 Gateway Place, Suite 260, San
Jose, California, 95110.
(2) Data Physics China (Shanghai Office), 1605B Westgate Tower,
1038 Nanjing Road West, Shanghai, P.R. China, 200041.
(3) Data Physics China (Beijing Office), RM. 1509, Building 2,
Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian District, Beijing,
P.R. China, 100089.
(4) Sri Welranta, President, Data Physics Corporation, 2025 Gateway
Place, Suite 260, San Jose, California, 95110.
(5) Bill Chen, Manager, AKA: Yuequan Chen, Data Physics China, RM.
1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian
District, Beijing, P.R. China, 100089 (hereinafter collectively
referred to as the ``Respondents'') for 180 days.
In its request, BIS has presented evidence that shows that Data
Physics Corporation (``Data Physics'') and its Beijing and Shanghai
offices, with the knowledge of company president Sri Welranta
(``Welranta'') and manager Bill Chen (``Chen''), engaged in conduct
prohibited by the EAR. Specifically, Data Physics sold and shipped
items subject to the EAR to an end-user in China, who is engaged in the
design, development, production and use of cruise missile systems
without an export license as required by Section 744.3 of the EAR.
Specifically, the evidence shows that, on or about June 12, 2002,
Respondents sold and later shipped spherical couplings, items subject
to the EAR, from the United States to China HaiYang Electro Mechanical
Technology Academy (``3rd Academy'') in China, an end-user involved in
the development of cruise missiles. The evidence shows that Data
Physics attempted to conceal the identity of the end-user by using a
false customer name ``27th Locomotive Factory.'' Data Physics would
also attempt to evade the licensing requirements by breaking down the
items into smaller components and separate shipments in order to avoid
raising suspicion. Installation reports seized from Data Physics show
that after the items would arrive at the 3rd Academy, employees from
the Chinese offices of Data Physics would go reassemble and install the
equipment.
There is also evidence that on or about June 23, 2005, Data Physics
exported a Test Shaker to the 3rd Academy again using the false
customer name ``27th Locomotive Factory.'' Specifically, Data Physics
filed a Shipper's Export Declaration (``SED'') for the item stating it
was being shipped to China National Instruments in Beijing, China.
Further investigation reveals that the Data Physics' contract summary
for the Test Shaker lists the ``27th Locomotive Factory'' as the end-
user. China National Instruments acted as the trading company.
The evidence also demonstrates that the Respondents were aware of
restrictions on the shipment of U.S. commodities that can be used for
the design, development, production or use of rocket systems or
unmanned aerial vehicles to end-users in Country Group D.\2\
Specifically, copies of EAR Section 744.3 were found during a search of
Data Physics with the applicable portions highlighted. Additionally,
numerous Data Physics employees including Welranta attended BIS
training involving exports to China and end-use restrictions.
---------------------------------------------------------------------------
\2\ 15 CFR part 740, Supplement 1 for countries in Group D.
---------------------------------------------------------------------------
I find that the evidence presented by BIS demonstrates that the
Respondents have violated the EAR, that such violations have been
deliberate and covert, and that there is a likelihood of future
violations, particularly given the nature of the transactions. As such,
a Temporary Denial Order (``TDO'') is needed to give notice to persons
and companies in the United States and abroad that they should cease
dealing with the Respondents in export transactions involving items
subject to the EAR. Such a TDO is consistent with the public interest
to preclude future violations of the EAR.
Accordingly, I find that a TDO naming Data Physics Corporation, its
two offices in China, Sri Welranta and Bill Chen Respondents is
necessary, in the public interest, to prevent an imminent violation of
the EAR. This Order is issued on an ex parte basis without a hearing
based upon BIS's showing of an imminent violation.
It is therefore ordered: First, that the Respondents, Data Physics
Corporation, 2025 Gateway Place, Suite 260, San Jose, California,
95110, and Data Physics China, 1605B Westgate Tower, 1038 Nanjing Road
West, Shanghai, P.R. China, 200041, and Data Physics China, RM. 1509,
Building 2, Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian
District, Beijing, P.R. China, 100089, Sri Welranta, President, Data
Physics Corporation, 2025 Gateway Place, Suite 260, San Jose,
California, 95110, and Bill Chen, Manager, AKA: Yuequan Chen, Data
Physics China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5
Changchunquia Road, Haidian District, Beijing, P.R. China, 100089
(collectively the ``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. Benefiting 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 Persons any
item subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Persons 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 Persons 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 Persons of any item subject to
the EAR that has been exported from the United States;
D. Obtain from the Denied Persons 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 been or will be exported from the United States and which is
owned, possessed or controlled by the Denied Persons, or service any
item, of whatever origin, that is owned, possessed or controlled by the
Denied Persons if such service involves the use of any item subject to
the EAR that has been or will be exported from the
[[Page 29615]]
United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
Third, 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 Denied Persons 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.
Fourth, 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 766.24(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 of Commerce 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 shall
be published in the Federal Register.
This Order is effective upon date of publication in the Federal
Register and shall remain in effect for 180 days.
Entered this 12th day of May, 2006.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E6-7733 Filed 5-22-06; 8:45 am]
BILLING CODE 3510-DT-P
