Action Affecting Export Privileges; Fiber Materials, Inc., 13082-13083 [07-1337]
Download as PDF
<![CDATA[
pwalker on PROD1PC71 with NOTICES
13082
Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Notices
Foreign–Trade Zones Act, as amended
(19 U.S.C. 81a–81u), and the regulations
of the Board (15 CFR part 400). It was
formally filed on February 28, 2007.
Subzone 183B (1,348 employees) was
approved by the Board in 2005 for the
manufacture of semiconductor memory
devices for export (Board Order 1421, 70
FR 72293, 12/2/05). The subzone
consists of three sites (192.1 acres total;
876,453 sq. ft. of enclosed space): Site
1--Samsung Austin Semiconductor
facilities (186.1 acres; 764,453 sq. ft.)-located at 12100 Samsung Boulevard in
Austin, Texas; Site 2--HISCO facilities
(4.1 acres; 62,000 sq. ft.)--located at 8330
Cross Park Drive in Austin; and Site 3-Three Way Inc. facilities (1.9 acres;
50,000 sq. ft.)--located at 4009
Commercial Center Drive in Austin.
The current request involves an
increase in capacity due to the
construction of a new fabrication unit
within Site 1 that will add 1,621,482
square feet of enclosed space. No
additional finished products have been
requested; however, Samsung is seeking
to add certain gases used in the
manufacturing process to its scope of
authority. The gases that may be
sourced from abroad include: methane,
xenon, tetrachlorosilane, boron
trichloride/nitrogen, methyl floride,
aluminum borohydride trimethylamine
and tetrakis (ethylmethylamido)
zirconium (HTS 2711.29, 2804.29,
2812.10, 2903.03, 2921.11 and 2931.00,
duty rate ranges from 3.7–5.5%). The
company is requesting export only
authority for the expanded capacity and
additional inputs, and the scope
otherwise would remain unchanged.
Zone procedures for the expanded
facilities and inputs would exempt
Samsung from customs duty payments
on the foreign components used in
export production. Currently, foreign
inputs account for approximately 7
percent of the value of the finished
semiconductor memory devices.
Samsung would also be able to avoid
duty on foreign inputs that become
scrap/waste. Samsung may also realize
logistical/procedural and other benefits
from subzone status. The application
indicates that the savings from zone
procedures help improve the plant’s
international competitiveness.
In accordance with the Board’s
regulations, a member of the FTZ staff
has been appointed examiner to
investigate the application and report to
the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is May 21, 2007. Rebuttal
VerDate Aug<31>2005
15:08 Mar 19, 2007
Jkt 211001
comments in response to material
submitted during the foregoing period
may be submitted during the subsequent
15-day period to June 4, 2007.
A copy of the application and
accompanying exhibits will be available
for public inspection at each of the
following locations:
U.S. Department of Commerce Export
Assistance Center, 221 E. 11th St., 4th
Floor, Austin, Texas 78701.
Office of the Executive Secretary,
Foreign–Trade Zones Board, U.S.
Department of Commerce, Room 2814B,
1401 Constitution Ave., NW,
Washington, DC 20230.
For further information, contact
Elizabeth Whiteman at
ElizabethlWhiteman@ita.doc.gov or
(202) 482–0473.
Dated: February 28, 2007.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E7–5067 Filed 3–19–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Fiber Materials, Inc.
In the Matter of: Fiber Materials, Inc.,
5 Morin Street, Biddeford, ME 04005,
Respondent; Order Denying Export
Privileges
A. Denial of Export Privileges of Fiber
Materials, Inc.
On November 18, 2005, in the U.S.
District Court in the District of
Massachusetts, Fiber Materials, Inc.
(‘‘FMI’’) was convicted of violating the
Export Administration Act of 1979, as
amended (currently codified at 50
U.S.C. app. 2401–2420 (2000)) (the
‘‘Act’’). 1 Specifically, FMI was
convicted of knowingly exporting and
causing to be exported from the United
States to India, a controlled commodity,
to wit, a component, accessory and
controls for an isostatic press, that is, a
control panel which consisted of, among
other things, an operating control
cabinet, a power/pressure control
cabinet, and digital controllers and
recorder, without having first obtained
the required export license from the
U.S. Department of Commerce.
1 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 3, 2006 (71 FR
44551, Aug. 7, 2006), has continued the Regulations
in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701–1706 (2000))
(‘‘IEEPA’’).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
In addition to the violation of the Act,
the FMI was convicted of conspiring to
violate the Act in violation of 18 U.S.C.
371 (2000). FMI was ordered to pay a
fine of $250,000.
Section 11(h) of the Act 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 of * * * Act,’’
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
his conviction.
I have received notice of the FMI’s
conviction for violating the Act, and I,
following consultations with the Export
Enforcement, including the Director,
Office of Export Enforcement, have
decided to deny the FMI’s export
privileges under the Regulations for a
period of 10 years from the date of its
conviction. Due to exceptional
circumstances, this Order is being
issued without prior notice or
opportunity to respond.
Accordingly, it is hereby
Ordered
I. Until November 18, 2015, Fiber
Materials, Inc., 5 Morin Street,
Biddeford, ME 04005, its successors or
assigns, and when acting for or on
behalf of FMI, its officers,
representatives, agents, or employees
(‘‘Denied Person’’) 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
2 The Regulations are currently codified at 15 CFR
Parts 730–774 (2006).
E:\FR\FM\20MRN1.SGM
20MRN1
pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Notices
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.
II. 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.
III. After notice and opportunity for
comment as provided in § 766.23 of the
Regulations, any other person, firm,
corporation, or business organization
related to FMI 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.
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.
VerDate Aug<31>2005
15:08 Mar 19, 2007
Jkt 211001
V. This Order is effective immediately
and shall remain in effect until
November 18, 2015.
VI. In accordance with part 756 of the
Regulations, FMI 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 FMI. This Order shall be
published in the Federal Register.
Dated: March 12, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07–1337 Filed 3–19–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Walter L. Lachman
In the Matter of: Walter L. Lachman,
1159 Old Marlboro Road, Concord, MA
01742, Respondent; Order Denying
Export Privileges
A. Denial of Export Privileges of Walter
L. Lachman
On November 18, 2005, in the U.S.
District Court in the District of
Massachusetts, Walter L. Lachman
(‘‘Lachman’’) was convicted of violating
the Export Administration Act of 1979,
as amended (currently codified at 50
U.S.C. app. 2401–2420 (2000)) (the
‘‘Act’’).1 Specifically, Lachman was
convicted of knowingly exporting and
causing to be exported from the United
States to India, a controlled commodity,
to wit, a component, accessory and
controls for an isostatic press, that is, a
control panel which consisted of, among
other things, an operating control
cabinet, a power/pressure control
cabinet, and digital controllers and
recorder, without having first obtained
the required export license from the
U.S. Department of Commerce.
In addition to the violation of the Act,
Lachman was convicted of conspiring to
violate the Act in violation of 18 U.S.C.
371 (2000) and aiding and abetting in
violation of 18 U.S.C. 2 (2000). Lachman
was ordered to serve 36 months
1 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 3, 2006 (71 FR
44551, Aug. 7, 2006), has continued the Regulations
in effect under the International Emergency
Economic Powers Act (50 U.S.C. 1701–1706 (2000))
(‘‘IEEPA’’).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
13083
probation with the first year in home
confinement and a fine of $250,000.
Section 11(h) of the Act 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 of * * * Act,’’
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 at the time of his
conviction.
I have received notice of Lachman’s
conviction for violating the Act, and I,
following consultations with Export
Enforcement, including the Director,
Office of Export Enforcement, have
decided to deny Lachman’s export
privileges under the Regulations for a
period of 10 years from the date of his
conviction. Due to exceptional
circumstances, this Order is being
issued without prior notice or
opportunity to respond.
Accordingly, it is hereby
Ordered
I. Until November 18, 2015, Walter L.
Lachman, 1159 Old Marlboro Road,
Concord, MA 01742, his successors or
assigns, and when acting for or on
behalf of Lachman, his officers,
representatives, agents, or employees
(‘‘Denied Person’’) 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
2 The Regulations are currently codified at 15 CFR
Parts 730–774 (2006).
E:\FR\FM\20MRN1.SGM
20MRN1
]]>Agencies
[Federal Register Volume 72, Number 53 (Tuesday, March 20, 2007)]
[Notices]
[Pages 13082-13083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1337]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Fiber Materials, Inc.
In the Matter of: Fiber Materials, Inc., 5 Morin Street, Biddeford, ME
04005, Respondent; Order Denying Export Privileges
A. Denial of Export Privileges of Fiber Materials, Inc.
On November 18, 2005, in the U.S. District Court in the District of
Massachusetts, Fiber Materials, Inc. (``FMI'') was convicted of
violating the Export Administration Act of 1979, as amended (currently
codified at 50 U.S.C. app. 2401-2420 (2000)) (the ``Act''). \1\
Specifically, FMI was convicted of knowingly exporting and causing to
be exported from the United States to India, a controlled commodity, to
wit, a component, accessory and controls for an isostatic press, that
is, a control panel which consisted of, among other things, an
operating control cabinet, a power/pressure control cabinet, and
digital controllers and recorder, without having first obtained the
required export license from the U.S. Department of Commerce.
---------------------------------------------------------------------------
\1\ 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 3, 2006
(71 FR 44551, Aug. 7, 2006), has continued the Regulations in effect
under the International Emergency Economic Powers Act (50 U.S.C.
1701-1706 (2000)) (``IEEPA'').
---------------------------------------------------------------------------
In addition to the violation of the Act, the FMI was convicted of
conspiring to violate the Act in violation of 18 U.S.C. 371 (2000). FMI
was ordered to pay a fine of $250,000.
Section 11(h) of the Act 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 of * * *
Act,'' 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 his conviction.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified at 15 CFR Parts 730-
774 (2006).
---------------------------------------------------------------------------
I have received notice of the FMI's conviction for violating the
Act, and I, following consultations with the Export Enforcement,
including the Director, Office of Export Enforcement, have decided to
deny the FMI's export privileges under the Regulations for a period of
10 years from the date of its conviction. Due to exceptional
circumstances, this Order is being issued without prior notice or
opportunity to respond.
Accordingly, it is hereby
Ordered
I. Until November 18, 2015, Fiber Materials, Inc., 5 Morin Street,
Biddeford, ME 04005, its successors or assigns, and when acting for or
on behalf of FMI, its officers, representatives, agents, or employees
(``Denied Person'') 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
[[Page 13083]]
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.
II. 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.
III. After notice and opportunity for comment as provided in Sec.
766.23 of the Regulations, any other person, firm, corporation, or
business organization related to FMI 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.
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 November 18, 2015.
VI. In accordance with part 756 of the Regulations, FMI 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 FMI. This Order
shall be published in the Federal Register.
Dated: March 12, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 07-1337 Filed 3-19-07; 8:45 am]
BILLING CODE 3510-DT-M
