Action Affecting Export Privileges; Bill Chen, aka Yueqiang Chen; In the Matter of: Bill Chen, AKA Yueqiang Chen, Manager, Data Physics China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia Road, Haidian District, Beijing, P.R. China, 100089 and 615 Blossom Hill Road, #17, Los Gatos, CA 95032, Respondent: Order Temporarily Denying Export Privileges, 28674-28675 [07-2525]
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28674
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices
OMB Desk Officer: David Rostker,
(202) 395–3897.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to David Rostker, OMB Desk
Officer, FAX number (202) 395–7285, or
David_Rostker@omb.eop.gov.
Dated: May 16, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–9770 Filed 5–21–07; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
jlentini on PROD1PC65 with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Highly Migratory Species Dealer
Reporting Family of Forms.
Form Number(s): None.
OMB Approval Number: 0648–0040.
Type of Request: Regular submission.
Burden Hours: 6,148.
Number of Respondents: 1,751.
Average Hours Per Response:
Biweekly reports, 15 minutes (3 minutes
for negative reporting); application for
nongovernmental validation
authorization, 2 hours; daily landing
reports, 2 minutes; daily tagging, 1
minute; and statistical documents and
re-export certificates, 18 minutes.
Needs and Uses: This information
collection consists of a mandatory
dealer reporting program for domestic
landings and international trade of
highly migratory species. The catch and
trade monitoring is required under
provisions of the Atlantic Tunas
Convention Act, Tunas Convention Act,
and the Magnuson-Stevens Fishery
Conservation and Management Act.
Information collected through this
program is essential for the United
States to meet its reporting obligations
to the International Commission for the
VerDate Aug<31>2005
18:21 May 21, 2007
Jkt 211001
Conservation of Atlantic Tunas and the
Inter-American Tropical Tuna
Commission.
Affected Public: Business or other forprofit organizations.
Frequency: Daily, biweekly, on
occasion and annually.
Respondent’s Obligation: Mandatory.
OMB Desk Officer: David Rostker,
(202) 395–3897.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to David Rostker, OMB Desk
Officer, FAX number (202) 395–7285, or
David_Rostker@omb.eop.gov.
Dated: May 16, 2007.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E7–9772 Filed 5–21–07; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Bill
Chen, aka Yueqiang Chen; In the
Matter of: Bill Chen, AKA Yueqiang
Chen, Manager, Data Physics China,
RM. 1509, Building 2, Xinquduan
Jiayan, No. 5 Changchunquia Road,
Haidian District, Beijing, P.R. China,
100089 and 615 Blossom Hill Road,
#17, Los Gatos, CA 95032,
Respondent: Order Temporarily
Denying Export Privileges
Pursuant to Section 766.24 of the
Export Administration Regulations
(‘‘EAR’’),1 I hereby grant the Bureau of
Industry and Security’s request for an
Order Temporarily Denying the Export
Privileges of Respondent, Bill Chen aka
Yueqiang Chen, for 180 days as I find
that the TDO is necessary in the public
1 15 CFR Parts 730–774 (2007). 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 CFR
2001 Comp. 783 (2002)), as extended most recently
by the Notice of August 3, 2006 (71 FR 44551,
(August 7, 2006)), has continued the EAR in effect
under the International Emergency Economic
Powers Act (50 U.S.C. § 1701–1706 (2000))
(‘‘IEEPA’’).
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
interest to prevent an imminent
violation of the EAR.
I. Legal Standard
Pursuant to § 766.24(b) of the EAR,
the Assistant Secretary may issue a TDO
‘‘upon a showing by BIS that the order
is necessary in the public interest to
prevent an imminent violation of the
* * * EAR.’’ ‘‘A violation may be
‘imminent’ either in time or in degree of
likelihood.’’ 15 CFR 766.24(b)(3). This
includes a violation that ‘‘is about to
occur, or that the general circumstances
of the matter under investigation or case
under criminal or administrative
charges demonstrate a likelihood of
future violations.’’ Id. Significant,
deliberate, and covert violations are
more probative of imminence and the
likelihood of future violations than
lesser technical ones. Id. A ‘‘lack of
information establishing the precise
time a violation may occur does not
preclude a finding that a violation is
imminent, so long as there is sufficient
reason to believe the likelihood of a
violation.’’ Id.
II. Findings
Respondent has been under a
temporary denial order since May 12,
2006 for his role in selling and shipping
items subject to the EAR to end-users in
China who are engaged in the design,
development, production and use of
cruise missile systems without the
required export licenses. On May 24,
2006, the Respondent was indicated by
a federal grand in the Northern District
of California for violating the EAR in
connection with five unlicensed
exports, occurring as early as January
22, 2003 and as recently as July 3, 2005,
to end-users in China knowing that such
items would be used in the design,
development, production, and use of
missiles. On April 6, 2007, Mr. Chen
submitted a declaration that he would
assert his Fifth Amendment privilege
against self incrimination in connection
with any questions that would be raised
during his deposition in a related
administrative proceeding. Then, on
April 30, 2007, a U.S. Magistrate Judge
granted Respondent’s request to travel
to China to visit ailing family members
while the indictment is pending against
him. Based upon this authorization, Mr.
Chen has departed for China and is
scheduled return in late May 2007.
While Mr. Chen has been placed on
administrative leave, he remains an
employee of Data Physics. Additionally,
BIS has submitted evidence to me that
shows that Respondent has played a
role in selling items subject to the EAR
E:\FR\FM\22MYN1.SGM
22MYN1
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices
to entities in China on BIS’s Entity List
without the required export licenses.2
I find that the evidence presented by
BIS demonstrates that the Respondent
has violated the EAR, that such
violations have been significant,
deliberate and covert, and that there is
a likelihood of future violations.
Accordingly, I find that issuing a TDO
against Bill Chen for 180 days is
necessary in the public interest to
prevent an imminent violation of the
EAR.
jlentini on PROD1PC65 with NOTICES
III. Order
It is Therefore Ordered:
First, that the Respondent, BILL
CHEN, AKA Yueqiang Chen, of Data
Physics China, RM. 1509, Building 2,
Xinquduan Jiayan, No. 5
Changchunquia Road, Haidian District,
Beijing, P.R. China, 100089 and of 615
Blossom Hill Road, #17, Los Gatos,
California 95032 (the ‘‘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
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 Person any item subject to
the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control 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 Person
2 15
CFR 744 Supplement No. 4.
VerDate Aug<31>2005
18:21 May 21, 2007
Jkt 211001
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 EAR that has
been exported from the United States;
D. Obtain from the Denied Person in
the Untied 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
Person, or service any item, or whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the EAR that has been or will
be exported from the 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 Person 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
Respondent 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
Respondent 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 Respondent and shall be
published in the Federal Register.
This Order is effective immediately
and shall remain in effect for 180 days.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
28675
Entered this 16th day of May, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 07–2525 Filed 5–21–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE.
International Trade Administration
[A–122–840]
Carbon and Certain Alloy Steel Wire
Rod From Canada: Extension of Time
Limit for Preliminary Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: May 22, 2007.
FOR FURTHER INFORMATION CONTACT:
Shane Subler, AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–0189.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 27, 2006, the
Department of Commerce (the
Department) published its notice of
initiation of an antidumping duty
administrative review on carbon and
certain alloy steel wire rod from Canada.
See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 71 FR 68535 (November 27, 2006).
The preliminary results of this
administrative review are currently due
on July 3, 2007.
Extension of Time Limit 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
antidumping duty order within 245
days after the last day of the anniversary
month of the date of publication of the
order for which a review is requested
and the final results within 120 days
after the date on which the preliminary
results are published. However, if it is
not practicable to complete the review
within the specified time periods,
section 751(a)(3)(A) of the Act allows
the Department to extend these
deadlines to a maximum of 365 days
and 180 days, respectively.
Completion of the preliminary results
within the originally anticipated time
E:\FR\FM\22MYN1.SGM
22MYN1
]]>Agencies
[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Notices]
[Pages 28674-28675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2525]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Bill Chen, aka Yueqiang Chen;
In the Matter of: Bill Chen, AKA Yueqiang Chen, Manager, Data Physics
China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5 Changchunquia
Road, Haidian District, Beijing, P.R. China, 100089 and 615 Blossom
Hill Road, 17, Los Gatos, CA 95032, Respondent: Order
Temporarily Denying Export Privileges
Pursuant to Section 766.24 of the Export Administration Regulations
(``EAR''),\1\ I hereby grant the Bureau of Industry and Security's
request for an Order Temporarily Denying the Export Privileges of
Respondent, Bill Chen aka Yueqiang Chen, for 180 days as I find that
the TDO is necessary in the public interest to prevent an imminent
violation of the EAR.
---------------------------------------------------------------------------
\1\ 15 CFR Parts 730-774 (2007). The EAR are issued under the
Export Administration Act of 1979, as amended (50 U.S.C. app. Sec.
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 CFR 2001 Comp. 783 (2002)), as extended most recently by
the Notice of August 3, 2006 (71 FR 44551, (August 7, 2006)), has
continued the EAR in effect under the International Emergency
Economic Powers Act (50 U.S.C. Sec. 1701-1706 (2000)) (``IEEPA'').
---------------------------------------------------------------------------
I. Legal Standard
Pursuant to Sec. 766.24(b) of the EAR, the Assistant Secretary may
issue a TDO ``upon a showing by BIS that the order is necessary in the
public interest to prevent an imminent violation of the * * * EAR.''
``A violation may be `imminent' either in time or in degree of
likelihood.'' 15 CFR 766.24(b)(3). This includes a violation that ``is
about to occur, or that the general circumstances of the matter under
investigation or case under criminal or administrative charges
demonstrate a likelihood of future violations.'' Id. Significant,
deliberate, and covert violations are more probative of imminence and
the likelihood of future violations than lesser technical ones. Id. A
``lack of information establishing the precise time a violation may
occur does not preclude a finding that a violation is imminent, so long
as there is sufficient reason to believe the likelihood of a
violation.'' Id.
II. Findings
Respondent has been under a temporary denial order since May 12,
2006 for his role in selling and shipping items subject to the EAR to
end-users in China who are engaged in the design, development,
production and use of cruise missile systems without the required
export licenses. On May 24, 2006, the Respondent was indicated by a
federal grand in the Northern District of California for violating the
EAR in connection with five unlicensed exports, occurring as early as
January 22, 2003 and as recently as July 3, 2005, to end-users in China
knowing that such items would be used in the design, development,
production, and use of missiles. On April 6, 2007, Mr. Chen submitted a
declaration that he would assert his Fifth Amendment privilege against
self incrimination in connection with any questions that would be
raised during his deposition in a related administrative proceeding.
Then, on April 30, 2007, a U.S. Magistrate Judge granted Respondent's
request to travel to China to visit ailing family members while the
indictment is pending against him. Based upon this authorization, Mr.
Chen has departed for China and is scheduled return in late May 2007.
While Mr. Chen has been placed on administrative leave, he remains an
employee of Data Physics. Additionally, BIS has submitted evidence to
me that shows that Respondent has played a role in selling items
subject to the EAR
[[Page 28675]]
to entities in China on BIS's Entity List without the required export
licenses.\2\
---------------------------------------------------------------------------
\2\ 15 CFR 744 Supplement No. 4.
---------------------------------------------------------------------------
I find that the evidence presented by BIS demonstrates that the
Respondent has violated the EAR, that such violations have been
significant, deliberate and covert, and that there is a likelihood of
future violations. Accordingly, I find that issuing a TDO against Bill
Chen for 180 days is necessary in the public interest to prevent an
imminent violation of the EAR.
III. Order
It is Therefore Ordered:
First, that the Respondent, BILL CHEN, AKA Yueqiang Chen, of Data
Physics China, RM. 1509, Building 2, Xinquduan Jiayan, No. 5
Changchunquia Road, Haidian District, Beijing, P.R. China, 100089 and
of 615 Blossom Hill Road, 17, Los Gatos, California 95032 (the
``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 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 Person any item
subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control 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 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 EAR that has been exported from the United States;
D. Obtain from the Denied Person in the Untied 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 Person, or service any
item, or whatever origin, that is owned, possessed or controlled by the
Denied Person if such service involves the use of any item subject to
the EAR that has been or will be exported from the 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 Person 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 Respondent 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 Respondent 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 Respondent and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
180 days.
Entered this 16th day of May, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 07-2525 Filed 5-21-07; 8:45 am]
BILLING CODE 3510-DT-M
