Action Affecting Export Privileges; EHI Group, USA, Inc.; In the Matter of: EHI Group USA, Inc., 10677 C Rosewood Road, Cupertino, CA 95014, Respondent: Order Relating to EHI Group, USA, Inc., 46209-46210 [07-4036]
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Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Notices
air duster removes dust, dirt and other
contaminants from computers,
keyboards, printers, electronic and photo
equipment.
NPA: Lighthouse for the Blind, St. Louis,
MO.
Coverage: A–List—for the total Government
requirement as specified by the General
Services Administration.
Contracting Activity: General Services
Administration, Southwest Supply
Center, Fort Worth, TX.
Spices
NSN: 8950–00–NSH–0080—Chili Powder
Blend, 10 lb.
NSN: 8950–00–NSH–0081—Cinnamon,
Ground 10 lb.
NSN: 8950–00–NSH–0082—Garlic Powder,
10 lb.
NSN: 8950–00–NSH–0083—Paprika 10 lb.
NSN: 8950–00–NSH–0084—Pepper, Black,
Ground, 10 lb.
NPA: Continuing Developmental Services,
Inc., Fairport, NY.
Coverage: C–List—for the requirements of the
Federal Correctional Institution, Bureau
of Prisons, Elkton, OH.
Contracting Activity: Federal Correctional
Institution, Bureau of Prisons, Elkton,
OH.
Undershirt, Man’s, Blue
NSN: 8420–01–540–0611—XX Small.
NSN: 8420–01–540–0612—X Small.
NSN: 8420–01–540–0614—Small.
NSN: 8420–01–540–1758—Medium.
NSN: 8420–01–540–1759—Large.
NSN: 8420–01–540–1760—X Large.
NSN: 8420–01–540–1761—XX Large.
NSN: 8420–01–540–1762—XXX Large.
NPA: The Arkansas Lighthouse for the Blind,
Little Rock, AR.
Coverage: C–List—for the requirements of the
Defense Supply Center Philadelphia,
Philadelphia PA.
Contracting Activity: Defense Supply Center
Philadelphia, Philadelphia, PA.
ebenthall on PRODPC61 with NOTICES
Service
Service Type/Location: Vehicle Washing
Service, U.S. Customs and Border
Protection, Puerto Rico and Virgin
Islands, San Juan, PR.
NPA: The Corporate Source, Inc., New York,
NY.
Contracting Activity: Department of
Homeland Security, U.S. Customs and
Border Protection, Indianapolis, IN.
Deletion
On June 22, 2007, the Committee for
Purchase From People Who Are Blind
or Severely Disabled published notice
(72 FR 34434) of proposed deletions to
the Procurement List.
After consideration of the relevant
matter presented, the Committee has
determined that the service listed below
are no longer suitable for procurement
by the Federal Government under 41
U.S.C. 46–48c and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
VerDate Aug<31>2005
15:36 Aug 16, 2007
Jkt 211001
substantial number of small entities.
The major factors considered for this
certification were:
1. The action may result in additional
reporting, recordkeeping or other
compliance requirements for small
entities.
2. The action may result in
authorizing small entities to furnish the
service to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the service deleted
from the Procurement List.
End of Certification
Accordingly, the following service is
deleted from the Procurement List:
Service
Service Type/Location: Family Housing
Maintenance, Sheppard Air Force Base,
Sheppard AFB, TX.
NPA: Work Services Corporation, Wichita
Falls, TX.
Contracting Activity: U.S. Air Force—Air
Education and Training Command,
Sheppard AFB, TX.
Kimberly M. Zeich,
Director, Program Operations.
[FR Doc. E7–16221 Filed 8–16–07; 8:45 am]
BILLING CODE 6353–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No.: 06–BIS–18]
Action Affecting Export Privileges; EHI
Group, USA, Inc.; In the Matter of: EHI
Group USA, Inc., 10677 C Rosewood
Road, Cupertino, CA 95014,
Respondent: Order Relating to EHI
Group, USA, Inc.
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has initiated an administrative
proceeding against EHI Group, USA,
Inc. (‘‘EhI’’) pursuant to section 766.3 of
the Export Administration Regulations
(currently codified at 15 CFR parts 730–
774 (2207)) (the ‘‘Regulations’’),1 and
section 13(c) of the Export
Administration Act of 1979, as amended
(50 U.S.C. app. section 2401–2420
(2000)) (the ‘‘Act’’),2 through issuance of
1 The violations alleged to have been committed
occurred in 2001 and 2002. The Regulations
governing the violations at issue are found in the
2001–2002 versions of the Code of Federal
Regulations (15 CFR parts 730–774 (2001–2002)).
The 2007 Regulations establish the procedures that
apply to this matter.
2 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)),
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
46209
a charging letter to EHI that alleged that
EHI committed 3 violations of the
Regulations. Specifically, the charges
are:
Charge 1: 15 CFR 764.2(d)—Conspiracy to
Export Microwave Amplifiers to China
without the required Department of
Commerce License.
Beginning in or about September 2001 and
continuing into or about May 2002, EHI
conspired and acted in concert with others,
known and unknown, to bring about or do to
an act that constitutes a violation of the
Regulations. Specifically, EHI conspired to
export microwave amplifiers from the United
States to the People’s Republic of China
(‘‘China’’) without the required Department
of Commerce license. The goal of the
conspiracy was to obtain microwave
amplifiers on behalf of a Chinese end-user
and to export those microwave amplifiers to
China. In furtherance of the conspiracy, EHI
acquired the microwave amplifiers from a
U.S. company and then exported them from
the United States to China. The microwave
amplifiers were items subject to the
Regulations and were classified under export
control classification number (‘‘ECCN’’)
3A001. Contrary to section 742.4 of the
Regulations, no Department of Commerce
license was obtained for the export of the
amplifiers from the United States to China.
In so doing, EHI committed one violation of
section 764.4 of the Regulations.
Charge 2: 15 CFR section 764.2(a):
Exporting Microwave Amplifiers Without the
Required Department of Commerce License.
On or about May 22, 2002, EHI engaged in
conduct prohibited by the Regulations by
exporting microwave amplifiers, items
subject to the Regulations and classified
under ECCN 3A001, from the United States
to China, without obtaining a license from
the Department of Commerce as required by
section 742.4 of the Regulations. In so doing,
EHI committed one violation of section
764.2(a) of the Regulations.
Charge 3: 15 CFR section 764.2(e): Acting
With Knowledge That a Violation of the
Regulations Would Occur.
In connection with the transaction
referenced above, EHI ordered or transferred
microwave amplifiers that were to be
exported from the United States with
knowledge that a violation of the Regulations
would occur. Specifically, EHI had
knowledge that a license was required for the
export as EHI was advised by an individual
in China that the items in question were
classified as ECCN 3A001 and subject to U.S.
export regulations. Furthermore, EHI had
knowledge of the Regulations, as Mr. Qing
Chang Jiang, President of EHI, had met with
officials from BIS on several occasions to
discuss the Regulations and the export of
microwave amplifiers to China. In addition,
EHI submitted an export application to the
Department of Commerce for the microwave
amplifiers described above and exported
as extended by successive Presidential Notices, the
most recent being that of August 3, 2006 (71 FR
44,551 (Aug. 7, 2006)), has continued the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. section
1701–1706 (2000)).
E:\FR\FM\17AUN1.SGM
17AUN1
46210
Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Notices
ebenthall on PRODPC61 with NOTICES
those amplifiers during the pendency of that
application. As such, EHI, at all relevant
times, knew that the items required a license
if exported to China and that no such license
would be obtained. In so doing, EHI
committed one violation of section 764.2(e)
of the Regulations.
Whereas, BIS and EHI have entered
into a Settlement Agreement pursuant to
section 766.18(b) of the Regulations
whereby they agreed to settle this matter
in accordance with the terms and
conditions set forth therein, and
Whereas, I have approved of the terms
of such Settlement Agreement; It is
Therefore Ordered:
First, that a civil penalty of $17,000 is
assessed against EHI, of which $500
shall be paid to the U.S. Department of
Commerce not later than November 1,
2007; $500 shall be paid to the U.S.
Department of Commerce not later than
February 1, 2008; $5,000 shall be paid
to the U.S. Department of Commerce not
later than May 1, 2008; and the balance
of $11,000 shall be paid to the U.S.
Department of Commerce not later than
August 1, 2008. Payment shall be made
in the manner specified in the attached
instructions.
Second, for a period of five years from
the date of entry of this Order, EHI
Group USA, Inc., 10677 C Rosewood
Road, Cupertino, CA 95014, its
successors or assigns, and when acting
for or on behalf of EHI, its
representatives, agents, officers or
employees (‘‘Denied Person’’) may not
participate, directly or indirectly, 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. Benefiting 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.
Third, that no person may, directly or
indirectly, do any of the following:
VerDate Aug<31>2005
15:36 Aug 16, 2007
Jkt 211001
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.
Fourth, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to EHI 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.
Fifth, that 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.
Sixth, that the charging letter, the
Settlement Agreement, this Order, and
the record of this case as defined by
Section 766.20 of the Regulations shall
be made available to the public.
Seventh, that the administrative law
judge shall be notified that this case is
withdrawn from adjudication.
Eighth, that this Order shall be served
on the Denied Person and on BIS, and
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
shall be published in the Federal
Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Entered this 6th day of August, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 07–4036 Filed 8–16–07; 8:45 am]
BILLING CODE 3510–DT–M
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No.: 06–BIS–17]
Action Affecting Export Privileges; Mr.
Qing Chang Jiang; In the Matter of:
Mr. Qing Chang Jiang, 10677 C
Rosewood Road, Cupertino, CA 95014,
Respondent; Order Relating to Qing
Chang Jiang
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’)
has initiated an administrative
proceeding against Qing Chang Jiang
(‘‘Jiang’’) pursuant to Section 766.3 of
the Export Administration Regulations
(currently codified at 15 CFR Parts 730–
774 (2007)) (the ‘‘Regulations’’),1 and
Section 13(c) of the Export
Administration Act of 1979, as amended
(50 U.S.C. app. 2401–2420 (2000)) (the
‘‘Act’’),2 through issuance of a charging
letter to Jiang that alleged that Jiang
committed 3 violations of the
Regulations. Specifically, the charges
are:
Charge 1: 15 CFR 764.2(d)—Conspiracy to
Export Microwave Amplifiers to China
without the required Department of
Commerce License.
Beginning in or about September 2001 and
continuing into or about May 2002, Jiang
conspired and acted in concert with others,
known and unknown, to bring about or to do
an act that constitutes a violation of the
Regulations. Specifically, Jiang conspired to
export microwave amplifiers from the United
States to the People’s Republic of China
(‘‘China’’) without the required Department
of Commerce license. The goal of the
1 The violations alleged to have been committed
occurred in 2001 and 2002. The Regulations
governing the violations at issue are found in the
2001–2002 versions of the Code of Federal
Regulations (15 CFR parts 730–774 (2001–2002)).
The 2007 Regulations establish the procedures that
apply to this matter.
2 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 successive Presidential Notices, the
most recent being that of August 3, 2006 (71 FR
44,551 (Aug. 7, 2006)), has continued the
Regulations in effect under the International
Emergency Economic Power Act (50 U.S.C. 1701–
1706 (2000)).
E:\FR\FM\17AUN1.SGM
17AUN1
]]>Agencies
[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Notices]
[Pages 46209-46210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4036]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No.: 06-BIS-18]
Action Affecting Export Privileges; EHI Group, USA, Inc.; In the
Matter of: EHI Group USA, Inc., 10677 C Rosewood Road, Cupertino, CA
95014, Respondent: Order Relating to EHI Group, USA, Inc.
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS'') has initiated an administrative proceeding against EHI Group,
USA, Inc. (``EhI'') pursuant to section 766.3 of the Export
Administration Regulations (currently codified at 15 CFR parts 730-774
(2207)) (the ``Regulations''),\1\ and section 13(c) of the Export
Administration Act of 1979, as amended (50 U.S.C. app. section 2401-
2420 (2000)) (the ``Act''),\2\ through issuance of a charging letter to
EHI that alleged that EHI committed 3 violations of the Regulations.
Specifically, the charges are:
\1\ The violations alleged to have been committed occurred in
2001 and 2002. The Regulations governing the violations at issue are
found in the 2001-2002 versions of the Code of Federal Regulations
(15 CFR parts 730-774 (2001-2002)). The 2007 Regulations establish
the procedures that apply to this matter.
\2\ 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 successive Presidential
Notices, the most recent being that of August 3, 2006 (71 FR 44,551
(Aug. 7, 2006)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. section 1701-
1706 (2000)).
---------------------------------------------------------------------------
Charge 1: 15 CFR 764.2(d)--Conspiracy to Export Microwave
Amplifiers to China without the required Department of Commerce
License.
Beginning in or about September 2001 and continuing into or
about May 2002, EHI conspired and acted in concert with others,
known and unknown, to bring about or do to an act that constitutes a
violation of the Regulations. Specifically, EHI conspired to export
microwave amplifiers from the United States to the People's Republic
of China (``China'') without the required Department of Commerce
license. The goal of the conspiracy was to obtain microwave
amplifiers on behalf of a Chinese end-user and to export those
microwave amplifiers to China. In furtherance of the conspiracy, EHI
acquired the microwave amplifiers from a U.S. company and then
exported them from the United States to China. The microwave
amplifiers were items subject to the Regulations and were classified
under export control classification number (``ECCN'') 3A001.
Contrary to section 742.4 of the Regulations, no Department of
Commerce license was obtained for the export of the amplifiers from
the United States to China. In so doing, EHI committed one violation
of section 764.4 of the Regulations.
Charge 2: 15 CFR section 764.2(a): Exporting Microwave
Amplifiers Without the Required Department of Commerce License.
On or about May 22, 2002, EHI engaged in conduct prohibited by
the Regulations by exporting microwave amplifiers, items subject to
the Regulations and classified under ECCN 3A001, from the United
States to China, without obtaining a license from the Department of
Commerce as required by section 742.4 of the Regulations. In so
doing, EHI committed one violation of section 764.2(a) of the
Regulations.
Charge 3: 15 CFR section 764.2(e): Acting With Knowledge That a
Violation of the Regulations Would Occur.
In connection with the transaction referenced above, EHI ordered
or transferred microwave amplifiers that were to be exported from
the United States with knowledge that a violation of the Regulations
would occur. Specifically, EHI had knowledge that a license was
required for the export as EHI was advised by an individual in China
that the items in question were classified as ECCN 3A001 and subject
to U.S. export regulations. Furthermore, EHI had knowledge of the
Regulations, as Mr. Qing Chang Jiang, President of EHI, had met with
officials from BIS on several occasions to discuss the Regulations
and the export of microwave amplifiers to China. In addition, EHI
submitted an export application to the Department of Commerce for
the microwave amplifiers described above and exported
[[Page 46210]]
those amplifiers during the pendency of that application. As such,
EHI, at all relevant times, knew that the items required a license
if exported to China and that no such license would be obtained. In
so doing, EHI committed one violation of section 764.2(e) of the
Regulations.
Whereas, BIS and EHI have entered into a Settlement Agreement
pursuant to section 766.18(b) of the Regulations whereby they agreed to
settle this matter in accordance with the terms and conditions set
forth therein, and
Whereas, I have approved of the terms of such Settlement Agreement;
It is Therefore Ordered:
First, that a civil penalty of $17,000 is assessed against EHI, of
which $500 shall be paid to the U.S. Department of Commerce not later
than November 1, 2007; $500 shall be paid to the U.S. Department of
Commerce not later than February 1, 2008; $5,000 shall be paid to the
U.S. Department of Commerce not later than May 1, 2008; and the balance
of $11,000 shall be paid to the U.S. Department of Commerce not later
than August 1, 2008. Payment shall be made in the manner specified in
the attached instructions.
Second, for a period of five years from the date of entry of this
Order, EHI Group USA, Inc., 10677 C Rosewood Road, Cupertino, CA 95014,
its successors or assigns, and when acting for or on behalf of EHI, its
representatives, agents, officers or employees (``Denied Person'') may
not participate, directly or indirectly, 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. Benefiting 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.
Third, 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 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.
Fourth, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to EHI 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.
Fifth, that 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.
Sixth, that the charging letter, the Settlement Agreement, this
Order, and the record of this case as defined by Section 766.20 of the
Regulations shall be made available to the public.
Seventh, that the administrative law judge shall be notified that
this case is withdrawn from adjudication.
Eighth, that this Order shall be served on the Denied Person and on
BIS, and shall be published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Entered this 6th day of August, 2007.
Darryl W. Jackson,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 07-4036 Filed 8-16-07; 8:45 am]
BILLING CODE 3510-DT-M
