Action Affecting Export Privileges; Credit International Trading Co. Ltd; In the Matter of: Credit International Trading Co, Ltd (11th Institute), No. 2 Zhong Guan Cun Nan Street, Haidian District, Beijing 100039, People's Republic of China and No 9A Dongtucheng Road, Heping Street, Chaoyang District, Beijing, People's Republic of China;, 19033-19034 [2011-8194]
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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices
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[FR Doc. 2011–8192 Filed 4–5–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges;
Credit International Trading Co. Ltd; In
the Matter of: Credit International
Trading Co, Ltd (11th Institute), No. 2
Zhong Guan Cun Nan Street, Haidian
District, Beijing 100039, People’s
Republic of China and No 9A
Dongtucheng Road, Heping Street,
Chaoyang District, Beijing, People’s
Republic of China;
mstockstill on DSKH9S0YB1PROD with NOTICES
Order Making Order Denying Export
Privileges of Ruo Ling Wang Applicable
to Related Person Credit International
Trading Company
Pursuant to Sections 766.25(h) and
766.23 of the Export Administration
Regulations 1 (‘‘EAR’’), the Bureau of
Industry and Security (‘‘BIS’’), U.S.
Department of Commerce, through its
1 The EAR are currently codified at 15 CFR parts
730–774 (2010).
VerDate Mar<15>2010
16:52 Apr 05, 2011
Jkt 223001
Office of Export Enforcement (‘‘OEE’’),
has requested that I make the Denial
Order that was imposed against the
individual Ruo Ling Wang (‘‘Wang’’) on
April 18, 2006 (71 Fed. Reg. 23897,
April 25, 2006) applicable to Credit
International Trading Co, Ltd (11th
Institute), (‘‘Credit International’’), with
addresses at: No. 2 Zhong Guan Cun
Nan Street, Haidian District, Beijing
100039, People’s Republic of China, and
No 9A Dongtucheng Road, Heping
Street, Chaoyang District, Beijing,
People’s Republic of China, (hereinafter,
the ‘‘Related Person’’), as a person
related to Wang.
Section 766.23 of the EAR provides
that ‘‘[i]n order to prevent evasion,
certain types of orders under this part
may be made applicable not only to the
respondent, but also to other persons
then or thereafter related to the
respondent by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business. Orders that may be made
applicable to related persons include
those that deny or affect export
privileges * * *.’’ 15 CFR 766.23(a).
On April 18, 2006, then Director of
Office of Exporter Services issued an
Order pursuant to Section 11(h) of the
Export Administration Act of 1979, as
amended (currently codified at 50
U.S.C. app. §§ 2401–2420 (2000))
(‘‘Act’’) 2 and Section 766.25 of the EAR
denying the export privileges under the
Regulations of Wang for 10 years. The
Order was based on Wang’s conviction
of violating the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq. (2000)) (‘‘IEEPA’’). Wang was
convicted of knowingly and willfully
making a false statement and concealing
a material fact from the Bureau of
Industry Security (‘‘BIS’’) and the former
U.S. Customs Service.
BIS has presented evidence that
indicates that Credit International is
related to Wang by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business, and that it is necessary to
add this entity to the Wang Denial Order
in order to avoid evasion of that Order.
The basis for naming Credit
International to the Wang Denial Order
is that Wang acting for, as, or on behalf
of Credit International, is actively
2 50 U.S.C. app. §§ 2401–2420 (2000). 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 12,
2010 (75 FR 50681 (Aug. 16, 2010)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701
et seq. (2000)).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
19033
involved in attempting to procure items
for export from the United States.
As provided in Section 766.23 of the
EAR, I gave notice to Credit
International that its export privileges
under the EAR could be denied for up
to 10 years due to its relationship with
Wang and that BIS believes naming
Credit International as a related party to
Wang would be necessary to prevent
evasion of a denial order imposed
against Wang. In providing such notice,
I gave Credit International an
opportunity to oppose its addition to the
Wang Denial Order as a related party.
Having received no submission, I have
decided, following consultations with
BIS’s Office of Export Enforcement,
including its Director, to name Credit
International as a Related Person to the
Wang Denial Order, thereby denying
Credit International export privileges for
10 years from the date of Wang’s
conviction.
I have also decided to revoke all
licenses issued pursuant to the Act or
EAR in which Credit International had
an interest at the time of Wang’s
conviction. The 10-year denial period
will end on May 2, 2015.
Accordingly, it is hereby
Ordered
First, that having been provided
notice and opportunity for comment as
provided in Sections 766.25 and 766.23
of the Export Administration
Regulations (the ‘‘Regulations’’), the
following entity, Credit International
Trading Co., Ltd. (11th Institute)
(‘‘Credit International’’), with last known
addresses at No. 2 Zhong Guan Cun Nan
Street, Haidian District, Beijing 100039,
People’s Republic of China, and No 9A
Dongtucheng Road, Heping Street,
Chaoyang District, Beijing, People’s
Republic of China has been determined
to be related to Wang by affiliation,
ownership, control, or position of
responsibility in the conduct of trade or
related services, and it has been deemed
necessary to make the Order denying
the export privileges of Wang applicable
to Credit International in order to
prevent evasion of the Wang Denial
Order.
Second, that the denial of export
privileges described in the Wang Denial
Order, which was published in the
Federal Register on April 25, 2006 at 71
FR 23896, shall be made applicable to
Credit International until its expiration
on May 2, 2015, as follows:
I. Credit International, with last
known addresses at No. 2 Zhong Guan
Cun Nan Street, Haidian District, Beijing
100039, People’s Republic of China, and
No 9A Dongtucheng Road, Heping
Street, Chaoyang District, Beijing,
People’s Republic of China, and when
E:\FR\FM\06APN1.SGM
06APN1
mstockstill on DSKH9S0YB1PROD with NOTICES
19034
Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices
acting for or on behalf of Credit
International, its representatives, agents,
officers or employees (collectively,
‘‘Related 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.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Related Person any item subject
to the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Related 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 Related 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 Related Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Related 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 Related
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Related Person if such
VerDate Mar<15>2010
16:52 Apr 05, 2011
Jkt 223001
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.
Third, that in accordance with the
provisions of Section 766.23(c) of the
Regulations, the Related Person may, at
any time, make an appeal related to 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.
Fourth, 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.
Fifth, that this Order is effective
immediately and shall remain in effect
until May 2, 2015.
Sixth, that this Order shall be
published in the Federal Register and a
copy served on the Related Person.
Issued this 30 day of March 2011.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2011–8194 Filed 4–5–11; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–971]
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
preliminarily determines that
countervailable subsidies are being
provided to producers and exporters of
multilayered wood flooring from the
People’s Republic of China. For
information on the estimated subsidy
rates, see the ‘‘Suspension of
Liquidation’’ section of this notice.
DATES: Effective Date: April 6, 2011.
FOR FURTHER INFORMATION CONTACT:
Shane Subler, Matthew Jordan, Patricia
Tran, or Joshua Morris, AD/CVD
Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
AGENCY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
telephone: (202) 482–0189, (202) 482–
1540, (202) 482–1503, and (202) 482–
1779, respectively.
SUPPLEMENTARY INFORMATION:
Case History
The following events have occurred
since the publication of the Department
of Commerce’s (‘‘Department’’) notice of
initiation in the Federal Register. See
Multilayered Wood Flooring from the
People’s Republic of China: Initiation of
Countervailing Duty Investigation, 75 FR
70719 (November 18, 2010) (‘‘Initiation
Notice’’), and the accompanying
Initiation Checklist.
On November 18, 2010, the
Department released the U.S. Customs
and Border Protection (‘‘CBP’’) data for
the instant investigation under
administrative protective order (‘‘APO’’)
to all parties with APO access. See
Memorandum to File from Matthew
Jordan, International Trade Compliance
Analyst, ‘‘Release of Customs and
Border Protection Entry Data to
Interested Parties for Comment’’
(November 18, 2010) at Attachment 1.
This memorandum is on file in the
Department’s Central Records Unit
(‘‘CRU’’) in Room 7046 of the main
Department building. We received
comments on this CBP data from Fine
Furniture (Shanghai) Ltd. (‘‘Fine
Furniture’’) on November 19, 2010, and
Dun Hua City Jisen Wood Industry Co.,
Ltd. and Chinafloors Timber (China)
Co., Ltd. on November 24, 2010. We
received comments from Shanghai
Lizhong Wood Product Co., Ltd. and the
Coalition for American Hardwood Parity
(Anderson Hardwood Floors, LLC;
Award Hardwood Floors; Baker’s Creek
Wood Floors, Inc.; From the Forest;
Howell Hardwood Flooring;
Mannington Mills, Inc.; Nydree
Flooring; Shaw Industries Group, Inc.)
(collectively, ‘‘Petitioner’’) on November
26, 2010.
In their comments, the interested
parties unanimously requested that the
Department forgo using CBP data for its
selection of mandatory respondents.
Instead, the parties stated, the
Department should issue quantity and
value (‘‘Q&V’’) questionnaires to the
companies identified by Petitioner as
potential producers/exporters of the
subject merchandise. After examining
the CBP data, the Department agreed
that the data did not provide a basis for
selecting respondents and determined it
was necessary to issue Q&Vs.
On December 2, 2010, and December
3, 2010, the Department issued Q&Vs to
the 174 companies listed in the Petition,
plus two additional companies that
identified themselves via requests for
E:\FR\FM\06APN1.SGM
06APN1
Agencies
[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Notices]
[Pages 19033-19034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8194]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Action Affecting Export Privileges; Credit International Trading
Co. Ltd; In the Matter of: Credit International Trading Co, Ltd (11th
Institute), No. 2 Zhong Guan Cun Nan Street, Haidian District, Beijing
100039, People's Republic of China and No 9A Dongtucheng Road, Heping
Street, Chaoyang District, Beijing, People's Republic of China;
Order Making Order Denying Export Privileges of Ruo Ling Wang
Applicable to Related Person Credit International Trading Company
Pursuant to Sections 766.25(h) and 766.23 of the Export
Administration Regulations \1\ (``EAR''), the Bureau of Industry and
Security (``BIS''), U.S. Department of Commerce, through its Office of
Export Enforcement (``OEE''), has requested that I make the Denial
Order that was imposed against the individual Ruo Ling Wang (``Wang'')
on April 18, 2006 (71 Fed. Reg. 23897, April 25, 2006) applicable to
Credit International Trading Co, Ltd (11th Institute), (``Credit
International''), with addresses at: No. 2 Zhong Guan Cun Nan Street,
Haidian District, Beijing 100039, People's Republic of China, and No 9A
Dongtucheng Road, Heping Street, Chaoyang District, Beijing, People's
Republic of China, (hereinafter, the ``Related Person''), as a person
related to Wang.
---------------------------------------------------------------------------
\1\ The EAR are currently codified at 15 CFR parts 730-774
(2010).
---------------------------------------------------------------------------
Section 766.23 of the EAR provides that ``[i]n order to prevent
evasion, certain types of orders under this part may be made applicable
not only to the respondent, but also to other persons then or
thereafter related to the respondent by ownership, control, position of
responsibility, affiliation, or other connection in the conduct of
trade or business. Orders that may be made applicable to related
persons include those that deny or affect export privileges * * *.'' 15
CFR 766.23(a).
On April 18, 2006, then Director of Office of Exporter Services
issued an Order pursuant to Section 11(h) of the Export Administration
Act of 1979, as amended (currently codified at 50 U.S.C. app.
Sec. Sec. 2401-2420 (2000)) (``Act'') \2\ and Section 766.25 of the
EAR denying the export privileges under the Regulations of Wang for 10
years. The Order was based on Wang's conviction of violating the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.
(2000)) (``IEEPA''). Wang was convicted of knowingly and willfully
making a false statement and concealing a material fact from the Bureau
of Industry Security (``BIS'') and the former U.S. Customs Service.
---------------------------------------------------------------------------
\2\ 50 U.S.C. app. Sec. Sec. 2401-2420 (2000). 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 12, 2010 (75 FR 50681 (Aug. 16, 2010)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)).
---------------------------------------------------------------------------
BIS has presented evidence that indicates that Credit International
is related to Wang by ownership, control, position of responsibility,
affiliation, or other connection in the conduct of trade or business,
and that it is necessary to add this entity to the Wang Denial Order in
order to avoid evasion of that Order. The basis for naming Credit
International to the Wang Denial Order is that Wang acting for, as, or
on behalf of Credit International, is actively involved in attempting
to procure items for export from the United States.
As provided in Section 766.23 of the EAR, I gave notice to Credit
International that its export privileges under the EAR could be denied
for up to 10 years due to its relationship with Wang and that BIS
believes naming Credit International as a related party to Wang would
be necessary to prevent evasion of a denial order imposed against Wang.
In providing such notice, I gave Credit International an opportunity to
oppose its addition to the Wang Denial Order as a related party. Having
received no submission, I have decided, following consultations with
BIS's Office of Export Enforcement, including its Director, to name
Credit International as a Related Person to the Wang Denial Order,
thereby denying Credit International export privileges for 10 years
from the date of Wang's conviction.
I have also decided to revoke all licenses issued pursuant to the
Act or EAR in which Credit International had an interest at the time of
Wang's conviction. The 10-year denial period will end on May 2, 2015.
Accordingly, it is hereby
Ordered
First, that having been provided notice and opportunity for comment
as provided in Sections 766.25 and 766.23 of the Export Administration
Regulations (the ``Regulations''), the following entity, Credit
International Trading Co., Ltd. (11th Institute) (``Credit
International''), with last known addresses at No. 2 Zhong Guan Cun Nan
Street, Haidian District, Beijing 100039, People's Republic of China,
and No 9A Dongtucheng Road, Heping Street, Chaoyang District, Beijing,
People's Republic of China has been determined to be related to Wang by
affiliation, ownership, control, or position of responsibility in the
conduct of trade or related services, and it has been deemed necessary
to make the Order denying the export privileges of Wang applicable to
Credit International in order to prevent evasion of the Wang Denial
Order.
Second, that the denial of export privileges described in the Wang
Denial Order, which was published in the Federal Register on April 25,
2006 at 71 FR 23896, shall be made applicable to Credit International
until its expiration on May 2, 2015, as follows:
I. Credit International, with last known addresses at No. 2 Zhong
Guan Cun Nan Street, Haidian District, Beijing 100039, People's
Republic of China, and No 9A Dongtucheng Road, Heping Street, Chaoyang
District, Beijing, People's Republic of China, and when
[[Page 19034]]
acting for or on behalf of Credit International, its representatives,
agents, officers or employees (collectively, ``Related 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.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Related Person any
item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Related 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 Related 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 Related Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Related 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 Related Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Related 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.
Third, that in accordance with the provisions of Section 766.23(c)
of the Regulations, the Related Person may, at any time, make an appeal
related to 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.
Fourth, 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.
Fifth, that this Order is effective immediately and shall remain in
effect until May 2, 2015.
Sixth, that this Order shall be published in the Federal Register
and a copy served on the Related Person.
Issued this 30 day of March 2011.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2011-8194 Filed 4-5-11; 8:45 am]
BILLING CODE 3510-DT-P