Action Affecting Export Privileges; Corezing International; Kow Seng Lim; Zhenyong Zhou; Jie Luo; Insight Electronics Pte Ltd.; Action Global Co., Limited, 62560-62563 [E9-28605]
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DEPARTMENT OF COMMERCE
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Bureau of Industry and Security
Action Affecting Export Privileges;
Corezing International; Kow Seng Lim;
Zhenyong Zhou; Jie Luo; Insight
Electronics Pte Ltd.; Action Global Co.,
Limited
In the Matter of:
Corezing International
a/k/a Corezing Technology Pte Ltd
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17:31 Nov 27, 2009
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a/k/a Corezing International Pte Ltd
a/k/a Core Zing
a/k/a CoreZing Electronics
a/k/a Corezing International Group Company
2021 Butik Batok Street 23, #02–212,
Singapore 659626;
111 North Bridge Road, #27–01 Peninsula
Plaza, Singapore 179098;
50 East Coast Road, #2–70 Roxy Square,
Singapore 428769;
Block 1057 Eunos, Avenue 3 #02–81,
Singapore 409848;
G/F, No. 89, Fuyan Street, Kwun Tong, Hong
Kong;
Flat 12, 9F Po Hong Kong, 2 Wang Tung
Street, Kowloon Bay, Hong Kong;
Flat/RM B 8/F, Chong Ming Bldg., 72 Cheung
Sha Wan Road, KL, Hong Kong;
Flat/RM 2309, 23/F, Ho King COMM Center
2–16 Fa Yuen Street, Mongkok KLN, Hong
Kong
Room 1007, Block C2, Galaxy Century Bldg.,
CaiTian Rd., FuTian District, Shenzhen,
China;
Room 1702, Tower B, Honesty Building,
Humen, Dongguan, Guangdong, China.
Kow Seng Lim
a/k/a Eric Lim
a/k/a James Wong
a/k/a Alvin Stanley
2021 Butik Batok Street 23, #02–212,
Singapore 659626; Block 751 Woodlands
Circle, #10–592, Singapore 730751.
Zhenyong Zhou
a/k/a Benny Zhou
Flat/RM B 8/F, Chong Ming Bldg., 72 Cheung
Sha Wan Road KL, Hong Kong;
Room 502, Block 3, Huzhong Emporium,
Humen Town, Dongguang City Guangdong,
China.
Jie Luo
a/k/a Ivy Luo
G/F, No. 89, Fuyan Street, Kwun Tong, Hong
Kong;
Flat 12, 9F Po Hong Kong, 2 Wang Tung
Street, Kowloon Bay, Hong Kong;
Flat/RM B 8/F, Chong Ming Bldg., 72 Cheung
Sha Wan Road, KL, Hong Kong;
Flat/RM 2309, 23/F, Ho King COMM Center
2–16 Fa Yuen Street, Mongkok KLN, Hong
Kong;
RenCai ShiChang DaSha (Building, Baoanbei
Road, Luohu Qu, Shenzhen City,
Guangdong, China.
Insight Electronics Pte Ltd.,
20 Ang Mo Kio Industrial Park 2A, #04–28,
AMK Tech Link Singapore 555854;
54 Serangoon North Ave 4, Unit 06–31,
Cyberhub North Singapore 555854.
Action Global Co., Limited
C/O Win Sino
Flat 12, 9/F, PO Hong Centre, 2 Wang Tung
Street, Kowloon Bay KLN, Hong Kong;
Flat/RM 1510A, 15/F Ho King COMM Ctr, 2–
16 Fa Yuen Street Mongkok, KL, Hong
Kong;
520 Sims Avenue, #02–04, Singapore 387580.
Respondents.
Order Temporarily Denying Export
Privileges
Pursuant to Section 766.24 of the
Export Administration Regulations
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(‘‘EAR’’ or the ‘‘Regulations’’),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 denying, for a period
of 180 days, the export privileges under
the EAR of:
1. Corezing International, also known as
(‘‘a/k/a’’) Corezing Technology Pte
Ltd., a/k/a Corezing International
Pte Ltd., a/k/a Core Zing, a/k/a
CoreZing Electronics, and a/k/a
Corezing International Group
Company (collectively referred to
herein as ‘‘Corezing’’): 2021 Butik
Batok Street 23, #02–212, Singapore
659626; 111 North Bridge Road,
#27–01 Peninsula Plaza, Singapore
179098 50 East Coast Road, #2–70
Roxy Square, Singapore 428769;
Block 1057 Eunos, Avenue 3#02–
81, Singapore 409848; G/F, No. 89,
Fuyan Street, Kwun Tong, Hong
Kong; Flat 12, 9F Po Hong Kong, 2
Wang Tung Street, Kowloon Bay,
Hong Kong; Flat/RM B 8/F, Chong
Ming Bldg., 72 Cheung Sha Wan
Road, KL, Hong Kong; Flat/RM
2309, 23/F, Ho King COMM Center
2–16 Fa Yuen Street, Mongkok KLN
Hong Kong; Room 1007, Block C2,
Galaxy Century Bldg., CaiTian Rd.,
FuTian District, Shenzhen, China;
Room 1702, Tower B, Honesty
Building, Humen, Dongguan,
Guangdong, China
2. Kow Seng Lim a/k/a Eric Lim, a/k/a
James Wong and a/k/a Alvin
Stanley: 2021 Butik Batok Street 23,
#02–212, Singapore 659626; Block
751 Woodlands Circle, #10–592,
Singapore 730751
3. Zhenyoug Zhou a/k/a Benny Zhou:
Flat/RM B 8/F, Chong Ming Bldg.,
72 Cheung Sha Wan Road, KL,
Hong Kong; Room 502, Block 3,
Huzhong Emporium, Humen Town,
Dongguang City, Guangdong, China
4. Jie Luo a/k/a Ivy Luo: G/F, No. 89,
Fuyan Street, Kwun Tong, Hong
Kong Flat 12, 9F Po Hong Kong, 2
Wang Tung Street, Kowloon Bay,
Hong Kong Flat/RM B 8/F, Chong
Ming Bldg., 72 Cheung Sha Wan
Road, KL, Hong Kong Flat/RM
2309, 23/F, Ho King COMM Center
1 The EAR is currently codified at 15 CFR Parts
730–774 (2009). The EAR are issued under the
Export Administration Act of 1979, as amended (50
U.S.C. app. sections 2401–2420 (2000)) (‘‘EAA’’).
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)),
which has been extended by successive presidential
notices, the most recent being that of August 13,
2009 (74 FR 41,325 (August 14, 2009)), has
continued the Regulations in effect under the
International Emergency Economic Powers Act (50
U.S.C. 1701, et seq.) (‘‘IEEPA’’).
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2–16 Fa Yuen Street, Mongkok
KLN, Hong Kong RenCai ShiChang
DaSha (Building), Baoanbei Road,
Luohu Qu, Shenzhen City
Guangdong, China
5. Insight Electronics Pte Ltd: 20 Ang
Mo Kio Industrial Park 2A, #04–28,
AMK TECH LINK, Singapore
555854 54 Serangoon North Ave 4,
Unit 06–31, Cyberhub North,
Singapore 555854
6. Action Global Co., Limited: C/O Win
Sino. Flat 12, 9/F, PO Hong Centre,
2 Wang Tung Street, Kowloon Bay
KLN, Hong Kong Flat/RM 1510A,
15/F Ho King COMM Ctr, 2–16 Fa
Yuen Street, Mongkok, KL, Hong
Kong 520 Sims Avenue, #02–04,
Singapore 387580
Pursuant to Section 766.24(b) of the
Regulations, BIS may issue a TDO upon
a showing that the order is necessary in
the public interest to prevent an
‘‘imminent violation’’ of the
Regulations. 15 CFR 766.24(b)(1). ‘‘A
violation may be ‘imminent’ either in
time or degree of likelihood.’’ 15 CFR
766.24(b)(3). BIS may show ‘‘either that
a violation 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. As to the likelihood of
future violations, BIS may show that
‘‘the violation under investigation or
charges is significant, deliberate, covert
and/or likely to occur again, rather than
technical or negligent [.]’’ 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.
BIS has presented evidence that on
multiple occasions between March 2008
and October 2009, Corezing, its
directors, officers and employees, and
companies that conspired with Corezing
have procured and attempted to procure
U.S.-origin semiconductor power
amplifiers, digital signal processors, and
related components for export from the
United States to the People’s Republic
of China (‘‘China’’), via transshipment
through Singapore and Hong Kong,
without the licenses required under the
Regulations. The power amplifiers,
digital signal processors, and
components are subject to the
Regulations and are classified under
Export Control Classification Numbers
(‘‘ECCN’’) 3A001b.2.c and 3A001.b.2.d
and 3A001.a.2.c. These items are
controlled for National Security reasons
and required a BIS license for export to
China in accordance with Section 742.4
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14:58 Nov 27, 2009
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of the Regulations. No BIS licenses were
obtained for any of these transactions.
OEE, through its investigation, has
provided evidence that Corezing
directors, officers and/or employees,
including Kow Seng Lim (shareholder
and a Singapore Director), Zhenyong
Zhou (a Hong Kong Director) and Jie
Luo (a Hong Kong Director and
Manager), have been directly involved
in the procurement of the items from the
United States and have provided
suppliers, exporters and distributors
with false information regarding the
ultimate destination and end-user of the
items.
Evidence obtained from Corezing
Directors Kow Seng Lim and Zhenyong
Zhou indicates that all Triquint brand
power amplifiers and components
procured by Corezing were for
customers in China, rather than Hong
Kong or Singapore. To conceal that the
country of ultimate destination for the
items was China, Corezing has used
various tactics or stratagems, including
providing, both directly and through
others, false end-user statements to U.S.
exporters and suppliers. By
intentionally providing such false
information to U.S. exporters, Corezing
caused false statements to be made on
shipper’s export declarations (‘‘SED’s’’)
filed with the U.S. Government
concerning the ultimate consignee and
the country of ultimate destination.
These actions were deliberately taken by
Corezing, acting through Kow Seng Lim,
Zhenyong Zhou, and Jie Luo, in order to
avoid detection by law enforcement
authorities, and are evidence of the
covert nature of the Respondents’
conduct.
Evidence obtained by BIS also
indicates that Corezing had actual
knowledge that the items were subject
to export controls and required a license
for export to China. Corezing made
statements to U.S. exporters and
suppliers in connection with these
transactions and attempted transactions
indicating its knowledge of the
Regulations and applicable licensing
requirements. Corezing also had direct
knowledge of the Regulations based
upon a post-shipment verification visit
from BIS officials in January 2007.
Corezing officials, including its owner,
were instructed by BIS on issues such
as the transshipment of U.S. items and
commodities to third countries.
Moreover, Kow Seng Lim’s
correspondence with a U.S. supplier
indicated that he would not travel to the
U.S. for fear of being arrested and
prosecuted for his dealings in sensitive
items. Such awareness by Respondents
that their actions were contrary to U.S.
export control law provides additional
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62561
support for the need to issue a
temporary denial order.
Corezing’s acquisition of U.S.-origin
items include its March 28, 2008 receipt
of two Triquint power amplifiers,
controlled under ECCN 3A001, from the
United States. The SED improperly
listed Corezing as the ultimate
consignee and falsely described the
items as ‘‘phosphides,’’ rather than the
controlled amplifiers. In December
2008, Corezing issued a purchase order
with another U.S. exporter for
additional Triquint amplifiers. Corezing
Director Zhenyong Zhou instructed the
U.S. exporter not to tell Triquint (the
manufacturer) that the power amplifiers
were for Corezing and to be careful in
dealing with Triquint since ‘‘they are
very smart’’ and will ask questions on
the end-use and end-user of the items.
Jie Luo, whom Zhenyong Zhou
describes as his boss, was personally
involved in the negotiations and was
told by the U.S. exporter that the items
sought by Corezing were controlled for
export by the United States
Government. Jie Luo also confirmed
statements made by Kow Seng Lim and
Zhenyong Zhou that the items were
destined for China.
In the months leading up to April
2009, Corezing conspired with Insight
Electronics Pte Ltd. (‘‘Insight’’) to obtain
U.S.-origin digital signal processors
from the United States by providing
false information regarding the end-user
and destination for the items. Corezing
originally sought the items, which are
controlled under ECCN 3A001, from the
U.S. manufacturer’s distributor in
Singapore, stating that the items were
for the ‘‘Chinese Market.’’ Shortly after
an employee of the distributor in
Singapore informed Corezing Director
Kow Seng Lim that they would not sell
the items to Corezing directly, a
purchase order for the same exact items
was submitted inserting Insight as the
party to be billed and to receive the
items in Singapore. The end-use/enduser certificate also falsely listed Insight
as the ‘‘end-customer.’’
Evidence shows that on or about June
25, 2009, Zhenyong Zhou, acting on
behalf of Corezing, continued to seek
Triquint power amplifiers controlled
under ECCN 3A001 without providing
end-user statements or acquiring an
export license. Correspondence with the
U.S. exporter shows that Zhenyong
Zhou and Kow Seng Lim made
statements confirming that the
destination of the amplifiers was China
and confirming their knowledge that the
items required an export license. This
shipment was detained in late August
2009 by law enforcement. Subsequent
correspondence from Corezing and its
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Chinese customer to the U.S. exporter
demonstrates that Corezing intended to
evade the Regulations. Specifically,
Corezing instructed the U.S. exporter to
falsely tell U.S. authorities that the
items were for an end-user in Hong
Kong, a fact which further indicates
Respondents’ knowledge of the
Regulations and willingness to evade
their requirements. No export licenses
were obtained for any of the
transactions discussed above.
Evidence uncovered during the
investigation reveals that Corezing
continues to use a variety of tactics or
stratagems to acquire or attempt to
acquire restricted U.S.-origin items.
Corezing has conspired with at least two
additional companies, Insight and
Action Global Co., Limited (‘‘Action
Global’’), in order to circumvent U.S.
export control laws and to make further
efforts to avoid detection by U.S. law
enforcement authorities. In addition to
the transaction involving Insight
described above, on at least three
occasions between August 2009 and
October 2009, requests for the same type
and model of equipment originally
sought by Corezing were shortly
thereafter made in the name of Action
Global and Insight, rather than in
Corezing’s name, after shipments
destined for Corezing had been detained
by U.S. law enforcement or after a U.S.
exporter had stopped doing business
with Corezing.
Moreover, in addition to acting in
concert with Corezing as described
above, Action Global also is related to
Corezing. It shares a common address
with Corezing in Hong Kong, and
Respondent Jie Luo is listed as a
Director of both Corezing and Action
Global.
BIS submits, in sum, that future
violations of the EAR are imminent
based on the evidence of Respondents’
extensive, continued and covert efforts
to obtain restricted, national-security
controlled items from the United States
without the required BIS licenses,
including by providing false
information to U.S. companies in an
effort to prevent U.S. law enforcement
officials from discovering and
ultimately stopping its conduct. I agree
and find that the evidence presented by
BIS demonstrates that a violation of the
Regulations by Respondents is
imminent in both time and degree of
likelihood. The conduct in this case is
deliberate, significant and likely to
occur again absent the issuance of a
TDO. As such, a 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
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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 Corezing International, Kow
Seng Lim, Zhenyong Zhou, Jie Luo,
Insight Electronics Pte Ltd. and Action
Global Co., Limited is necessary, in the
public interest, to prevent an imminent
violation of the EAR.
This Order is being issued on an ex
parte basis without a hearing based
upon BIS’s showing of an imminent
violation.
It is therefore ordered:
FIRST, that, Corezing International
also known as (‘‘a/k/a’’) Corezing
Technology Pte Ltd., a/k/a Corezing
International Pte Ltd.., a/k/a Core Zing,
a/k/a CoreZing Electronics, and a/k/a
Corezing International Group Company,
2021 Butik Batok Street 23, #02–212,
Singapore 659626, 111 North Bridge
Road, #27–01 Peninsula Plaza,
Singapore 179098, 50 East Coast Road,
#2–70 Roxy Square, Singapore 428769,
Block 1057 Eunos, Avenue 3#02–85,
Singapore 409848, G/F, No. 89, Fuyan
Street, Kwun Tong, Hong Kong, Flat 12,
9F Po Hong Kong, 2 Wang Tung Street,
Kowloon Bay, Hong Kong, Flat/RM B 8/
F, Chong Ming Bldg., 72 Cheung Sha
Wan Road, KL, Hong Kong, Flat/RM
2309, 23/F, Ho King COMM Center 2–
16 Fa Yuen Street, Mongkok KLN, Hong
Kong, Room 1007, Block C2, Galaxy
Century Bldg., CaiTian Rd., FuTian
District, Shenzhen, China, Room1702,
Tower B, Honesty Building, Humen,
Dongguan, Guangdong, China; Kow
Seng Lim a/k/a Eric Lim, a/k/a James
Wong, and a/k/a Alvin Stanley, 2021
Butik Batok Street 23, #02–212,
Singapore 659626, Block 751
Woodlands Circle, #10–592, Singapore
730751; Zhenyong Zhou a/k/a Benny
Zhou, Flat/RM B 8/F, Chong Ming Bldg.,
72 Cheung Sha Wan Road, KL, Hong
Kong, Room 502, Block 3, Huzhong
Emporium, Humen Town, Dongguang
City, Guangdong, China ; Jie Luo a/k/a
Ivy Luo, G/F, No. 89, Fuyan Street,
Kwun Tong, Hong Kong,, Flat 12, 9F Po
Hong Kong, 2 Wang Tung Street,
Kowloon Bay, Hong Kong, Flat/RM B 8/
F, Chong Ming Bldg., 72 Cheung Sha
Wan Road, KL, Hong Kong, Flat/RM
2309, 23/F, Ho King COMM Center 2–
16 Fa Yuen Street, Mongkok KLN, Hong
Kong, RenCai ShiChang DaSha
(Building), Baoanbei Road, Luohu Qu,
Shenzhen City, Guangdong, China;
Insight Electronics Pte Ltd, 20 Ang Mo
Kio Industrial Park 2A, #04–28, AMK
TECH LINK, Singapore 555854, 54
Serangoon North Ave 4, Unit 06–31,
Cyberhub North, Singapore 555854;
Action Global Co., Limited, C/O Win
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Sino. Flat 12, 9/F, PO Hong Centre, 2
Wang Tung Street, Kowloon Bay KLN,
Hong Kong, Flat/RM 1510A, 15/F Ho
King COMM Ctr, 2–16 Fa Yuen Street,
Mongkok, KL, Hong Kong, 520 Sims
Avenue, #02–04, Singapore 387580
(each a ‘‘Denied Person’’ and
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 any Denied Person any item subject
to the EAR;
B. Take any action that facilitates the
acquisition or attempted acquisition by
any Denied Person 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 any 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 any Denied Person of
any item subject to the EAR that has
been exported from the United States;
D. Obtain from any Denied Person 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 any Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by any Denied Person if such
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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
Respondents 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
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 20th day of November 2009.
Kevin Delli-Colli,
Deputy Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. E9–28605 Filed 11–27–09; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
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Bureau of Industry and Security
Materials Processing Equipment
Technical Advisory Committee; Notice
of Partially Closed Meeting
The Materials Processing Equipment
Technical Advisory Committee
(MPETAC) will meet on December 17,
2009, 9 a.m., Room 3884, in the Herbert
C. Hoover Building, 14th Street between
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14:58 Nov 27, 2009
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Pennsylvania and Constitution
Avenues, NW., Washington, DC. The
Committee advises the Office of the
Assistant Secretary for Export
Administration with respect to technical
questions that affect the level of export
controls applicable to materials
processing equipment and related
technology.
Dated: November 24, 2009.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. E9–28602 Filed 11–27–09; 8:45 am]
Agenda
Office of the Secretary
Open Session
1. Opening Remarks and
Introductions.
2. Presentation of Papers and
Comments by the Public.
3. Report on September 2009
Wassenaar Expert Group Meeting.
4. Discussion on MPETAC proposals
for 2010.
5. Report on proposed changes to the
Export Administration Regulation.
6. Other Business.
[Docket No. DoD–2009–OS–0110]
Closed Session
7. Discussion of matters determined to
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yspringer@bis.doc.gov no later than
December 10, 2009.
A limited number of seats will be
available for the public session.
Reservations are not accepted. To the
extent that time permits, members of the
public may present oral statements to
the Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
the distribution of public presentation
materials to the Committee members,
the Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer via e-mail.
The Assistant Secretary for
Administration, with the concurrence of
the delegate of the General Counsel,
formally determined on November 23,
2009, pursuant to Section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. app. 2 §§ (10)(d)),
that the portion of the meeting dealing
with matters the disclosure of which
would be likely to frustrate significantly
implementation of an agency action as
described in 5 U.S.C. 552b(c)(9)(B) shall
be exempt from the provisions relating
to public meetings found in 5 U.S.C.
app. 2 §§ 10(a)1 and 10(a)(3). The
remaining portions of the meeting will
be open to the public.
For more information, call Yvette
Springer at (202) 482–2813.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
BILLING CODE 3510–JT–P
DEPARTMENT OF DEFENSE
Submission for OMB review; comment
request
ACTION:
Notice.
The Department of Defense has
submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
DATES: Consideration will be given to all
comments received by December 30,
2009.
Title and OMB Number: SMART
Information Management System
(SIMS); Application Form Number TBD;
OMB Control Number 0704–TBD.
Type of Request: New.
Number of Respondents: 1,000.
Responses per Respondent: 4.
Annual Responses: 4,000.
Average Burden per Response: 15
minutes.
Annual Burden Hours: 1,000 hours.
Needs and Uses: Respondents are
SMART Program participants and their
advisors, future employers, and mentors
who provide contact, Program progress,
and student status information for the
purpose of monitoring student
participants’ progress and position in
the SMART Program as part of their
agreement as Program participants. All
information is collected by direct entry
during secure logon sessions and/or by
electronic or paper forms collected by
SMART Program staff performing
official duties.
Affected Public: Individuals or
households; not-for-profit institutions;
Federal Government.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
OMB Desk Officer: Ms. Jasmeet
Seehra.
Written comments and
recommendations on the proposed
information collection should be sent to
Ms. Seehra at the Office of Management
and Budget, Desk Officer for DoD, Room
10236, New Executive Office Building,
Washington, DC 20503.
You may also submit comments,
identified by docket number and title,
by the following method:
E:\FR\FM\30NON1.SGM
30NON1
Agencies
[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Notices]
[Pages 62560-62563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28605]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Corezing International; Kow
Seng Lim; Zhenyong Zhou; Jie Luo; Insight Electronics Pte Ltd.; Action
Global Co., Limited
In the Matter of:
Corezing International
a/k/a Corezing Technology Pte Ltd
a/k/a Corezing International Pte Ltd
a/k/a Core Zing
a/k/a CoreZing Electronics
a/k/a Corezing International Group Company
2021 Butik Batok Street 23, 02-212, Singapore 659626;
111 North Bridge Road, 27-01 Peninsula Plaza, Singapore
179098;
50 East Coast Road, 2-70 Roxy Square, Singapore 428769;
Block 1057 Eunos, Avenue 3 02-81, Singapore 409848;
G/F, No. 89, Fuyan Street, Kwun Tong, Hong Kong;
Flat 12, 9F Po Hong Kong, 2 Wang Tung Street, Kowloon Bay, Hong
Kong;
Flat/RM B 8/F, Chong Ming Bldg., 72 Cheung Sha Wan Road, KL, Hong
Kong;
Flat/RM 2309, 23/F, Ho King COMM Center 2-16 Fa Yuen Street, Mongkok
KLN, Hong Kong
Room 1007, Block C2, Galaxy Century Bldg., CaiTian Rd., FuTian
District, Shenzhen, China;
Room 1702, Tower B, Honesty Building, Humen, Dongguan, Guangdong,
China.
Kow Seng Lim
a/k/a Eric Lim
a/k/a James Wong
a/k/a Alvin Stanley
2021 Butik Batok Street 23, 02-212, Singapore 659626; Block
751 Woodlands Circle, 10-592, Singapore 730751.
Zhenyong Zhou
a/k/a Benny Zhou
Flat/RM B 8/F, Chong Ming Bldg., 72 Cheung Sha Wan Road KL, Hong
Kong;
Room 502, Block 3, Huzhong Emporium, Humen Town, Dongguang City
Guangdong, China.
Jie Luo
a/k/a Ivy Luo
G/F, No. 89, Fuyan Street, Kwun Tong, Hong Kong;
Flat 12, 9F Po Hong Kong, 2 Wang Tung Street, Kowloon Bay, Hong
Kong;
Flat/RM B 8/F, Chong Ming Bldg., 72 Cheung Sha Wan Road, KL, Hong
Kong;
Flat/RM 2309, 23/F, Ho King COMM Center 2-16 Fa Yuen Street, Mongkok
KLN, Hong Kong;
RenCai ShiChang DaSha (Building, Baoanbei Road, Luohu Qu, Shenzhen
City, Guangdong, China.
Insight Electronics Pte Ltd.,
20 Ang Mo Kio Industrial Park 2A, 04-28, AMK Tech Link
Singapore 555854;
54 Serangoon North Ave 4, Unit 06-31, Cyberhub North Singapore
555854.
Action Global Co., Limited
C/O Win Sino
Flat 12, 9/F, PO Hong Centre, 2 Wang Tung Street, Kowloon Bay KLN,
Hong Kong;
Flat/RM 1510A, 15/F Ho King COMM Ctr, 2-16 Fa Yuen Street Mongkok,
KL, Hong Kong;
520 Sims Avenue, 02-04, Singapore 387580.
Respondents.
Order Temporarily Denying Export Privileges
Pursuant to Section 766.24 of the Export Administration Regulations
(``EAR'' or the ``Regulations''),\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 denying, for a period of 180 days, the export privileges
under the EAR of:
\1\ The EAR is currently codified at 15 CFR Parts 730-774
(2009). The EAR are issued under the Export Administration Act of
1979, as amended (50 U.S.C. app. sections 2401-2420 (2000))
(``EAA''). 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)), which has been extended by successive
presidential notices, the most recent being that of August 13, 2009
(74 FR 41,325 (August 14, 2009)), has continued the Regulations in
effect under the International Emergency Economic Powers Act (50
U.S.C. 1701, et seq.) (``IEEPA'').
---------------------------------------------------------------------------
1. Corezing International, also known as (``a/k/a'') Corezing
Technology Pte Ltd., a/k/a Corezing International Pte Ltd., a/k/a Core
Zing, a/k/a CoreZing Electronics, and a/k/a Corezing International
Group Company (collectively referred to herein as ``Corezing''): 2021
Butik Batok Street 23, 02-212, Singapore 659626; 111 North
Bridge Road, 27-01 Peninsula Plaza, Singapore 179098 50 East
Coast Road, 2-70 Roxy Square, Singapore 428769; Block 1057
Eunos, Avenue 302-81, Singapore 409848; G/F, No. 89, Fuyan
Street, Kwun Tong, Hong Kong; Flat 12, 9F Po Hong Kong, 2 Wang Tung
Street, Kowloon Bay, Hong Kong; Flat/RM B 8/F, Chong Ming Bldg., 72
Cheung Sha Wan Road, KL, Hong Kong; Flat/RM 2309, 23/F, Ho King COMM
Center 2-16 Fa Yuen Street, Mongkok KLN Hong Kong; Room 1007, Block C2,
Galaxy Century Bldg., CaiTian Rd., FuTian District, Shenzhen, China;
Room 1702, Tower B, Honesty Building, Humen, Dongguan, Guangdong, China
2. Kow Seng Lim a/k/a Eric Lim, a/k/a James Wong and a/k/a Alvin
Stanley: 2021 Butik Batok Street 23, 02-212, Singapore 659626;
Block 751 Woodlands Circle, 10-592, Singapore 730751
3. Zhenyoug Zhou a/k/a Benny Zhou: Flat/RM B 8/F, Chong Ming Bldg., 72
Cheung Sha Wan Road, KL, Hong Kong; Room 502, Block 3, Huzhong
Emporium, Humen Town, Dongguang City, Guangdong, China
4. Jie Luo a/k/a Ivy Luo: G/F, No. 89, Fuyan Street, Kwun Tong, Hong
Kong Flat 12, 9F Po Hong Kong, 2 Wang Tung Street, Kowloon Bay, Hong
Kong Flat/RM B 8/F, Chong Ming Bldg., 72 Cheung Sha Wan Road, KL, Hong
Kong Flat/RM 2309, 23/F, Ho King COMM Center
[[Page 62561]]
2-16 Fa Yuen Street, Mongkok KLN, Hong Kong RenCai ShiChang DaSha
(Building), Baoanbei Road, Luohu Qu, Shenzhen City Guangdong, China
5. Insight Electronics Pte Ltd: 20 Ang Mo Kio Industrial Park 2A,
04-28, AMK TECH LINK, Singapore 555854 54 Serangoon North Ave
4, Unit 06-31, Cyberhub North, Singapore 555854
6. Action Global Co., Limited: C/O Win Sino. Flat 12, 9/F, PO Hong
Centre, 2 Wang Tung Street, Kowloon Bay KLN, Hong Kong Flat/RM 1510A,
15/F Ho King COMM Ctr, 2-16 Fa Yuen Street, Mongkok, KL, Hong Kong 520
Sims Avenue, 02-04, Singapore 387580
Pursuant to Section 766.24(b) of the Regulations, BIS may issue a
TDO upon a showing that the order is necessary in the public interest
to prevent an ``imminent violation'' of the Regulations. 15 CFR
766.24(b)(1). ``A violation may be `imminent' either in time or degree
of likelihood.'' 15 CFR 766.24(b)(3). BIS may show ``either that a
violation 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. As to the
likelihood of future violations, BIS may show that ``the violation
under investigation or charges is significant, deliberate, covert and/
or likely to occur again, rather than technical or negligent [.]'' 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.
BIS has presented evidence that on multiple occasions between March
2008 and October 2009, Corezing, its directors, officers and employees,
and companies that conspired with Corezing have procured and attempted
to procure U.S.-origin semiconductor power amplifiers, digital signal
processors, and related components for export from the United States to
the People's Republic of China (``China''), via transshipment through
Singapore and Hong Kong, without the licenses required under the
Regulations. The power amplifiers, digital signal processors, and
components are subject to the Regulations and are classified under
Export Control Classification Numbers (``ECCN'') 3A001b.2.c and
3A001.b.2.d and 3A001.a.2.c. These items are controlled for National
Security reasons and required a BIS license for export to China in
accordance with Section 742.4 of the Regulations. No BIS licenses were
obtained for any of these transactions.
OEE, through its investigation, has provided evidence that Corezing
directors, officers and/or employees, including Kow Seng Lim
(shareholder and a Singapore Director), Zhenyong Zhou (a Hong Kong
Director) and Jie Luo (a Hong Kong Director and Manager), have been
directly involved in the procurement of the items from the United
States and have provided suppliers, exporters and distributors with
false information regarding the ultimate destination and end-user of
the items.
Evidence obtained from Corezing Directors Kow Seng Lim and Zhenyong
Zhou indicates that all Triquint brand power amplifiers and components
procured by Corezing were for customers in China, rather than Hong Kong
or Singapore. To conceal that the country of ultimate destination for
the items was China, Corezing has used various tactics or stratagems,
including providing, both directly and through others, false end-user
statements to U.S. exporters and suppliers. By intentionally providing
such false information to U.S. exporters, Corezing caused false
statements to be made on shipper's export declarations (``SED's'')
filed with the U.S. Government concerning the ultimate consignee and
the country of ultimate destination. These actions were deliberately
taken by Corezing, acting through Kow Seng Lim, Zhenyong Zhou, and Jie
Luo, in order to avoid detection by law enforcement authorities, and
are evidence of the covert nature of the Respondents' conduct.
Evidence obtained by BIS also indicates that Corezing had actual
knowledge that the items were subject to export controls and required a
license for export to China. Corezing made statements to U.S. exporters
and suppliers in connection with these transactions and attempted
transactions indicating its knowledge of the Regulations and applicable
licensing requirements. Corezing also had direct knowledge of the
Regulations based upon a post-shipment verification visit from BIS
officials in January 2007. Corezing officials, including its owner,
were instructed by BIS on issues such as the transshipment of U.S.
items and commodities to third countries. Moreover, Kow Seng Lim's
correspondence with a U.S. supplier indicated that he would not travel
to the U.S. for fear of being arrested and prosecuted for his dealings
in sensitive items. Such awareness by Respondents that their actions
were contrary to U.S. export control law provides additional support
for the need to issue a temporary denial order.
Corezing's acquisition of U.S.-origin items include its March 28,
2008 receipt of two Triquint power amplifiers, controlled under ECCN
3A001, from the United States. The SED improperly listed Corezing as
the ultimate consignee and falsely described the items as
``phosphides,'' rather than the controlled amplifiers. In December
2008, Corezing issued a purchase order with another U.S. exporter for
additional Triquint amplifiers. Corezing Director Zhenyong Zhou
instructed the U.S. exporter not to tell Triquint (the manufacturer)
that the power amplifiers were for Corezing and to be careful in
dealing with Triquint since ``they are very smart'' and will ask
questions on the end-use and end-user of the items. Jie Luo, whom
Zhenyong Zhou describes as his boss, was personally involved in the
negotiations and was told by the U.S. exporter that the items sought by
Corezing were controlled for export by the United States Government.
Jie Luo also confirmed statements made by Kow Seng Lim and Zhenyong
Zhou that the items were destined for China.
In the months leading up to April 2009, Corezing conspired with
Insight Electronics Pte Ltd. (``Insight'') to obtain U.S.-origin
digital signal processors from the United States by providing false
information regarding the end-user and destination for the items.
Corezing originally sought the items, which are controlled under ECCN
3A001, from the U.S. manufacturer's distributor in Singapore, stating
that the items were for the ``Chinese Market.'' Shortly after an
employee of the distributor in Singapore informed Corezing Director Kow
Seng Lim that they would not sell the items to Corezing directly, a
purchase order for the same exact items was submitted inserting Insight
as the party to be billed and to receive the items in Singapore. The
end-use/end-user certificate also falsely listed Insight as the ``end-
customer.''
Evidence shows that on or about June 25, 2009, Zhenyong Zhou,
acting on behalf of Corezing, continued to seek Triquint power
amplifiers controlled under ECCN 3A001 without providing end-user
statements or acquiring an export license. Correspondence with the U.S.
exporter shows that Zhenyong Zhou and Kow Seng Lim made statements
confirming that the destination of the amplifiers was China and
confirming their knowledge that the items required an export license.
This shipment was detained in late August 2009 by law enforcement.
Subsequent correspondence from Corezing and its
[[Page 62562]]
Chinese customer to the U.S. exporter demonstrates that Corezing
intended to evade the Regulations. Specifically, Corezing instructed
the U.S. exporter to falsely tell U.S. authorities that the items were
for an end-user in Hong Kong, a fact which further indicates
Respondents' knowledge of the Regulations and willingness to evade
their requirements. No export licenses were obtained for any of the
transactions discussed above.
Evidence uncovered during the investigation reveals that Corezing
continues to use a variety of tactics or stratagems to acquire or
attempt to acquire restricted U.S.-origin items. Corezing has conspired
with at least two additional companies, Insight and Action Global Co.,
Limited (``Action Global''), in order to circumvent U.S. export control
laws and to make further efforts to avoid detection by U.S. law
enforcement authorities. In addition to the transaction involving
Insight described above, on at least three occasions between August
2009 and October 2009, requests for the same type and model of
equipment originally sought by Corezing were shortly thereafter made in
the name of Action Global and Insight, rather than in Corezing's name,
after shipments destined for Corezing had been detained by U.S. law
enforcement or after a U.S. exporter had stopped doing business with
Corezing.
Moreover, in addition to acting in concert with Corezing as
described above, Action Global also is related to Corezing. It shares a
common address with Corezing in Hong Kong, and Respondent Jie Luo is
listed as a Director of both Corezing and Action Global.
BIS submits, in sum, that future violations of the EAR are imminent
based on the evidence of Respondents' extensive, continued and covert
efforts to obtain restricted, national-security controlled items from
the United States without the required BIS licenses, including by
providing false information to U.S. companies in an effort to prevent
U.S. law enforcement officials from discovering and ultimately stopping
its conduct. I agree and find that the evidence presented by BIS
demonstrates that a violation of the Regulations by Respondents is
imminent in both time and degree of likelihood. The conduct in this
case is deliberate, significant and likely to occur again absent the
issuance of a TDO. As such, a 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 Corezing International, Kow
Seng Lim, Zhenyong Zhou, Jie Luo, Insight Electronics Pte Ltd. and
Action Global Co., Limited is necessary, in the public interest, to
prevent an imminent violation of the EAR.
This Order is being issued on an ex parte basis without a hearing
based upon BIS's showing of an imminent violation.
It is therefore ordered:
FIRST, that, Corezing International also known as (``a/k/a'')
Corezing Technology Pte Ltd., a/k/a Corezing International Pte Ltd..,
a/k/a Core Zing, a/k/a CoreZing Electronics, and a/k/a Corezing
International Group Company, 2021 Butik Batok Street 23, 02-
212, Singapore 659626, 111 North Bridge Road, 27-01 Peninsula
Plaza, Singapore 179098, 50 East Coast Road, 2-70 Roxy Square,
Singapore 428769, Block 1057 Eunos, Avenue 302-85, Singapore
409848, G/F, No. 89, Fuyan Street, Kwun Tong, Hong Kong, Flat 12, 9F Po
Hong Kong, 2 Wang Tung Street, Kowloon Bay, Hong Kong, Flat/RM B 8/F,
Chong Ming Bldg., 72 Cheung Sha Wan Road, KL, Hong Kong, Flat/RM 2309,
23/F, Ho King COMM Center 2-16 Fa Yuen Street, Mongkok KLN, Hong Kong,
Room 1007, Block C2, Galaxy Century Bldg., CaiTian Rd., FuTian
District, Shenzhen, China, Room1702, Tower B, Honesty Building, Humen,
Dongguan, Guangdong, China; Kow Seng Lim a/k/a Eric Lim, a/k/a James
Wong, and a/k/a Alvin Stanley, 2021 Butik Batok Street 23, 02-
212, Singapore 659626, Block 751 Woodlands Circle, 10-592,
Singapore 730751; Zhenyong Zhou a/k/a Benny Zhou, Flat/RM B 8/F, Chong
Ming Bldg., 72 Cheung Sha Wan Road, KL, Hong Kong, Room 502, Block 3,
Huzhong Emporium, Humen Town, Dongguang City, Guangdong, China ; Jie
Luo a/k/a Ivy Luo, G/F, No. 89, Fuyan Street, Kwun Tong, Hong Kong,,
Flat 12, 9F Po Hong Kong, 2 Wang Tung Street, Kowloon Bay, Hong Kong,
Flat/RM B 8/F, Chong Ming Bldg., 72 Cheung Sha Wan Road, KL, Hong Kong,
Flat/RM 2309, 23/F, Ho King COMM Center 2-16 Fa Yuen Street, Mongkok
KLN, Hong Kong, RenCai ShiChang DaSha (Building), Baoanbei Road, Luohu
Qu, Shenzhen City, Guangdong, China; Insight Electronics Pte Ltd, 20
Ang Mo Kio Industrial Park 2A, 04-28, AMK TECH LINK, Singapore
555854, 54 Serangoon North Ave 4, Unit 06-31, Cyberhub North, Singapore
555854; Action Global Co., Limited, C/O Win Sino. Flat 12, 9/F, PO Hong
Centre, 2 Wang Tung Street, Kowloon Bay KLN, Hong Kong, Flat/RM 1510A,
15/F Ho King COMM Ctr, 2-16 Fa Yuen Street, Mongkok, KL, Hong Kong, 520
Sims Avenue, 02-04, Singapore 387580 (each a ``Denied Person''
and 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 any Denied Person any item
subject to the EAR;
B. Take any action that facilitates the acquisition or attempted
acquisition by any Denied Person 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 any 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 any Denied Person of any item subject to
the EAR that has been exported from the United States;
D. Obtain from any Denied Person 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 any Denied Person, or service any
item, of whatever origin, that is owned, possessed or controlled by any
Denied Person if such
[[Page 62563]]
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 Respondents 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 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 20th day of November 2009.
Kevin Delli-Colli,
Deputy Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. E9-28605 Filed 11-27-09; 8:45 am]
BILLING CODE 3510-DT-P