In the Matter of: Jianwei Ding, 51 Bukit Batok Crescent, #0828 Unity Centre, Singapore 658077, and Registration #: 29603-050, FCI La Tuna, Federal Correction Institution, P.O. Box 3000, Anthony, TX 88021, Respondent; Order Relating to Jianwei Ding, 47144-47146 [2011-19830]
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<![CDATA[
47144
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application for manufacturing
authority under zone procedures at sites
within FTZ 153, on behalf of Abbott
Cardiovascular Systems, Inc., as
described in the application and
Federal Register notice, is approved,
subject to the FTZ Act and the Board’s
regulations, including Section 400.28.
Signed at Washington, DC, this 26th day of
July 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
Halliburton Energy Services, Inc.,
located in Larose, Louisiana (FTZ
Docket 7–2011, filed 01/18/2011);
Whereas, notice inviting public
comment has been given in the Federal
Register (76 FR 4284, 01/25/2011) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
grants authority for subzone status for
activity related to the manufacturing
and distribution of ground barite at the
facility of Halliburton Energy Services,
Inc., located in Larose, Louisiana
(Subzone 124O), as described in the
application and Federal Register notice,
subject to the FTZ Act and the Board’s
regulations, including Section 400.28.
Signed at Washington, DC, this 26th day of
July 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
[FR Doc. 2011–19814 Filed 8–3–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
Attest:
Andrew McGilvray,
Executive Secretary.
[Order No. 1769]
[FR Doc. 2011–19709 Filed 8–3–11; 8:45 am]
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
sroberts on DSK5SPTVN1PROD with NOTICES
Grant of Authority for Subzone Status
Halliburton Energy Services, Inc.
(Barite Milling); Larose, LA
DEPARTMENT OF COMMERCE
Whereas, the Foreign-Trade Zones Act
provides for ‘‘* * * the establishment
* * * of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the Port of South Louisiana,
grantee of Foreign-Trade Zone 124, has
made application to the Board for
authority to establish a special-purpose
subzone at the barite milling facility of
Reorganization of Foreign-Trade Zone
47 Under Alternative Site Framework;
Boone County, KY
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BILLING CODE 3510–DS–P
Foreign-Trade Zones Board
[Order No. 1774]
Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the
following Order:
Whereas, the Board adopted the
alternative site framework (ASF) (74 FR
1170, 01/12/09; correction 74 FR 3987,
01/22/09; 75 FR 71069–71070, 11/22/
10) as an option for the establishment or
reorganization of general-purpose zones;
Whereas, the Greater Cincinnati
Foreign Trade Zone, Inc., grantee of FTZ
47, submitted an application to the
Board (FTZ Docket 21–2011, filed 3/15/
2011) for authority to reorganize under
the ASF with a service area of Boone,
Kenton and Campbell Counties,
Kentucky, adjacent to the Cincinnati
Customs and Border Protection port of
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entry, and FTZ 47’s existing Site 2
would be categorized as a magnet site
and existing Site 1 would be reduced by
15 acres and categorized as a usagedriven site;
Whereas, notice inviting public
comment was given in the Federal
Register (76 FR 14901, 3/18/2011) and
the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, Therefore, the Board hereby
orders:
The application to reorganize FTZ 47
under the alternative site framework is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.28, to the Board’s standard
2,000-acre activation limit for the
overall general-purpose zone project,
and to a five-year ASF sunset provision
for magnet sites that would terminate
authority for Site 2 if not activated by
July 31, 2016, and to a three-year ASF
sunset provision for usage-driven sites
that would terminate authority for Site
1 if no foreign-status merchandise is
admitted for a bona fide customs
purpose by July 31, 2014.
Signed at Washington, DC, this 26th day of
July 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2011–19706 Filed 8–3–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jianwei Ding, 51 Bukit
Batok Crescent, #0828 Unity Centre,
Singapore 658077, and Registration #:
29603–050, FCI La Tuna, Federal
Correction Institution, P.O. Box 3000,
Anthony, TX 88021, Respondent; Order
Relating to Jianwei Ding
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Jianwei Ding (‘‘Ding’’), in
his individual capacity, of its intention
to initiate an administrative proceeding
against him pursuant to Section 766.3 of
the Export Administration Regulations
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Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
(the ‘‘Regulations’’),1 and Section 13(c)
of the Export Administration Act of
1979, as amended (the ‘‘Act’’),2 through
the issuance of a proposed charging
letter to Ding that alleges that he
committed one violation of the
Regulations. Specifically, the allegations
are:
Charge 1 15 CFR 764.2(d)—Conspiracy
to Export Items From the United States
to China Without the Required Licenses
sroberts on DSK5SPTVN1PROD with NOTICES
Beginning at least in or around February
2007, and continuing through at least in or
around April 2008, Ding conspired or acted
in concert with others, known and unknown,
to violate the Regulations or to bring about
an act that constitutes a violation of the
Regulations. The purpose of the conspiracy
was to export items subject to the Regulations
from the United States to the People’s
Republic of China (‘‘China’’), without the
required U.S. Government authorization.
Specifically, Ding and others conspired to
export Toray M40JB–6000–50B carbon fiber
(‘‘Toray M40’’) and Toray M60JB–6000–50B
carbon fiber (‘‘Toray M60’’) from the United
States to China without a license. The Toray
M40 was subject to the Regulations,
classified under Export Control Classification
Number (‘‘ECCN’’) 1C010.b, controlled for
export to China for nuclear proliferation and
national security reasons, and valued at
approximately $91,800. The Toray M60 was
an item subject to the Regulations, classified
under ECCN 1C210.a, controlled for export to
China for nuclear proliferation reasons, and
valued at approximately $223,600. These
exports required a license pursuant to
Sections 742.3 and 742.4 of the Regulations.
In furtherance of the conspiracy, Ding, as
the manager of Jowa Globaltech Pte. Ltd.,
a.k.a. FirmSpace Pte. Ltd. (‘‘FirmSpace’’), and
Far Eastron Co. Pte. Ltd., Singapore-based
companies that acquired items for customers
including the China Academy of Space
Technology (‘‘CAST’’), participated in a
scheme whereby he directed activities in
Singapore and the United States to obtain the
Toray materials for CAST, maintained a
relationship with CAST, and provided the
money required to purchase Toray material
for export to CAST.
In furtherance of the conspiracy, Ding,
knowing that his Singapore companies were
arranging for the purchase of Toray materials
1 The violation alleged to have been committed
occurred in 2007 and 2008. The Regulations
governing the violation at issue are found in the
2007 through 2008 versions of the Code of Federal
Regulations (15 CFR parts 730–774 (2007, 2008)).
The 2011 Regulations set forth the procedures that
apply to this matter.
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 13,222 of
August 17, 2001 (3 CFR, part 2001 Comp. 783
(2002)) which has been extended by successive
Presidential Notices, the most recent being that of
August 12, 2010 (75 FR 50,681 (Aug. 16, 2010)), has
continued the Regulations in effect under the
International Emergency Economic Powers Act (50
U.S.C. 1701, et seq.). The Act and the Regulations
are available on the Government Printing Office
Web site at: https://www.access.gpo.gov/bis/.
VerDate Mar<15>2010
17:29 Aug 03, 2011
Jkt 223001
from what Ding believed to be a U.S. supplier
of Toray materials, instructed co-conspirator
Ping Cheng, a U.S. individual, to inspect the
merchandise and determine its authenticity.
On or about April 17, 2007, Ding sent an
email to Cheng requesting that Cheng fly to
Minnesota from New York to inspect a lot of
104 kilograms of Toray M60 material. On or
about June 29, 2007, Ding directed Cheng to
travel to Minnesota to inspect a lot of 211
kilograms of Toray M40 material. Upon
receiving reports and pictures of the items
from Cheng, Ding then instructed FirmSpace
to issue purchase orders to the apparent U.S.
supplier and authorized wire transfers for
payment for the Toray M60 and Toray M40
materials in FirmSpace’s name, thereby
obscuring CAST’s role in the transaction.
Ding took these actions despite repeated
warnings that an export license was required
for the Toray material. Specifically, on or
about March 28, 2007, and again on or about
April 5, 2007, Ding received two e-mails from
an individual he believed to be a U.S.
supplier of the Toray materials that informed
him of licensing requirements for the Toray
M60 material. Again, on or about May 7,
2007, Ding received an e-mail from an
individual he believed to be a U.S. supplier
of the Toray materials that informed him of
licensing requirements for the Toray M40
material. Nevertheless, Ding instructed his
co-conspirators to go forward with this
transaction and to export the Toray materials,
which were destined for CAST.
Following the completion of these
purchases, the materials were moved to New
York for storage in anticipation of export.
Thereafter on or about October 12, 2007, Ding
requested that Cheng make a test export of
one box of the Toray M40 materials from the
United States, and Ding provided to Cheng
the name of a specific individual at a specific
company that would facilitate the export.
When the efforts of Cheng to reach the
specific individual provided by Ding were
unsuccessful, on or about November 17,
2007, Cheng asked Ding to provide additional
instructions and informed Ding that he ‘‘had
to make up the story [when] I call for [a] rate
quote.’’ On or about November 22, 2007, Ding
advised Cheng to try again and to ‘‘only say
‘a customer do[es] have one box goods ship
to Taiwan’ she will know.’’
Finally, in furtherance of the conspiracy,
on or about April 7, 2008, Ding sent Cheng
an e-mail directing the export from the
United States of the 104 kilograms of Toray
M60 material to Jowa Globaltech Pte. Ltd.,
a.k.a. FirmSpace, in Singapore and of the 211
kilograms of Toray M40 material to New
Bluesky Technology Co. Ltd. in Hong Kong.
These exports were destined for CAST in
China. In so doing, Ding committed one
violation of Section 764.2(d) of the
Regulations.
Whereas, Bis and Ding have entered
into a Settlement Agreement pursuant to
Section 766.18(a) 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:
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47145
First, Ding shall be assessed a civil
penalty in the amount of $100,000,
which shall be paid to the U.S.
Department of Commerce in two
installments of $50,000. The first
installment of $50,000 shall be paid
within 30 days from the date of this
Order, and the second installment of
$50,000 shall be paid within six months
from the date of this Order.
Second, that, pursuant to the Debt
Collection Act of 1982, as amended (31
U.S.C. 3701–3720E (2000)), the civil
penalty owed under this Order accrues
interest as more fully described in the
attached Notice, and if any payment is
not made in full by the due date set
forth herein, Ding will be assessed, in
addition to the full amount of the civil
penalty and interest, a penalty charge
and an administrative charge, as more
fully described in the attached Notice.
Third, for a period of twenty-five (25)
years from the date of this Order,
Jianwei Ding, 51 Bukit Batok Crescent,
#0828 Unity Centre, Singapore 658077;
Registration #: 29603–050, FCI La Tuna,
Federal Correction Institution, P.O. Box
3000, Anthony, TX 88021, and when
acting for or on behalf of Ding, his
representatives, agents, assigns or
employees (hereinafter collectively
referred to as ‘‘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. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
Fourth, 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
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04AUN1
47146
Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices
sroberts on DSK5SPTVN1PROD with NOTICES
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.
Fifth, 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 the Denied
Person by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of the Order.
Sixth, that the proposed charging
letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Seventh, that this Order shall be
served on Ding and published in the
Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Issued this 27th day of July 2011.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2011–19830 Filed 8–3–11; 8:45 am]
BILLING CODE 3510–DT–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–909]
Certain Steel Nails From the Peoples’
Republic of China: Notice of Extension
of Time Limits for the Preliminary
Results of the Second Antidumping
Duty Administrative Review and New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 4, 2011.
FOR FURTHER INFORMATION CONTACT:
Alexis Polovina, Office 9, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–3927.
AGENCY:
Background
On August 2, 2010, the Department
published a notice of opportunity to
request an administrative review on the
antidumping order on certain steel nails
from the People’s Republic of China
(‘‘PRC’’) for the period of review
(‘‘POR’’) August 1, 2009, through July
31, 2010. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 75
FR 45094 (August 2, 2010). Based upon
requests for review from various parties,
on September 29, 2010, the Department
initiated the first antidumping duty
administrative review on certain steel
nails from the PRC, covering 222
companies. See Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Request for
Revocation in Part, 75 FR 60076
(September 29, 2010) (‘‘Initiation
Notice’’). On April 28, 2011, the
Department published a notice of a
partial rescission and an extension of
the time period for issuing the
preliminary results by 90 days, to
August 1, 2011. See Certain Steel Nails
From the Peoples’ Republic of China:
Notice of Extension of Time Limits and
Partial Rescission of the Second
Antidumping Duty Administrative
Review, 76 FR 23788 (April 28, 2011).
On July 11, 2011, in accordance with 19
CFR 351.214(j), we aligned the
concurrent new shipper review of
Shanghai Colour Nail Co., Ltd. with the
second administrative review.
Statutory Time Limits
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘Act’’), requires
the Department to make a preliminary
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determination within 245 days after the
last day of the anniversary month of an
order for which a review is requested
and a final determination within 120
days after the date on which the
preliminary results are published.
However, if it is not practicable to
complete the review within these time
periods, section 751(a)(3)(A) of the Act
allows the Department to extend the
time limit for the preliminary
determination to a maximum of 365
days after the last day of the anniversary
month.
Extension of Time Limit for Preliminary
Results of Review
We determine that it is not practicable
to complete the preliminary results of
these reviews within the current time
limits. The Department requires
additional time to analyze recently
submitted supplemental questionnaire
responses, which contained a significant
amount of new sales and factors of
production data. The additional time is
needed to consider these data and their
incorporation into the margin
calculations for the individuallyreviewed respondents, as well as to
consider all of the issues raised by
parties during the course of these
proceedings. Therefore, the Department
is hereby fully extending the time limits
for completion of the preliminary
results by 30 days. The preliminary
results will now be due no later than
August 31, 2011. The final results
continue to be due 120 days after the
publication of the preliminary results.
This notice is published in
accordance with section 777(i)(1) of the
Act.
Dated: July 28, 2011.
Gary Taverman,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2011–19704 Filed 8–3–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–937]
Citric Acid and Certain Citrate Salts
From the People’s Republic of China:
Extension of Time Limit for the Final
Results of the Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: August 4, 2011.
AGENCY:
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]]>Agencies
[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47144-47146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19830]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Jianwei Ding, 51 Bukit Batok Crescent,
0828 Unity Centre, Singapore 658077, and Registration
: 29603-050, FCI La Tuna, Federal Correction Institution, P.O.
Box 3000, Anthony, TX 88021, Respondent; Order Relating to Jianwei Ding
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS''), has notified Jianwei Ding (``Ding''), in his individual
capacity, of its intention to initiate an administrative proceeding
against him pursuant to Section 766.3 of the Export Administration
Regulations
[[Page 47145]]
(the ``Regulations''),\1\ and Section 13(c) of the Export
Administration Act of 1979, as amended (the ``Act''),\2\ through the
issuance of a proposed charging letter to Ding that alleges that he
committed one violation of the Regulations. Specifically, the
allegations are:
---------------------------------------------------------------------------
\1\ The violation alleged to have been committed occurred in
2007 and 2008. The Regulations governing the violation at issue are
found in the 2007 through 2008 versions of the Code of Federal
Regulations (15 CFR parts 730-774 (2007, 2008)). The 2011
Regulations set forth the procedures that apply to this matter.
\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
13,222 of August 17, 2001 (3 CFR, part 2001 Comp. 783 (2002)) which
has been extended by successive Presidential Notices, the most
recent being that of August 12, 2010 (75 FR 50,681 (Aug. 16, 2010)),
has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq.). The Act and
the Regulations are available on the Government Printing Office Web
site at: https://www.access.gpo.gov/bis/.
---------------------------------------------------------------------------
Charge 1 15 CFR 764.2(d)--Conspiracy to Export Items From the United
States to China Without the Required Licenses
Beginning at least in or around February 2007, and continuing
through at least in or around April 2008, Ding conspired or acted in
concert with others, known and unknown, to violate the Regulations
or to bring about an act that constitutes a violation of the
Regulations. The purpose of the conspiracy was to export items
subject to the Regulations from the United States to the People's
Republic of China (``China''), without the required U.S. Government
authorization. Specifically, Ding and others conspired to export
Toray M40JB-6000-50B carbon fiber (``Toray M40'') and Toray M60JB-
6000-50B carbon fiber (``Toray M60'') from the United States to
China without a license. The Toray M40 was subject to the
Regulations, classified under Export Control Classification Number
(``ECCN'') 1C010.b, controlled for export to China for nuclear
proliferation and national security reasons, and valued at
approximately $91,800. The Toray M60 was an item subject to the
Regulations, classified under ECCN 1C210.a, controlled for export to
China for nuclear proliferation reasons, and valued at approximately
$223,600. These exports required a license pursuant to Sections
742.3 and 742.4 of the Regulations.
In furtherance of the conspiracy, Ding, as the manager of Jowa
Globaltech Pte. Ltd., a.k.a. FirmSpace Pte. Ltd. (``FirmSpace''),
and Far Eastron Co. Pte. Ltd., Singapore-based companies that
acquired items for customers including the China Academy of Space
Technology (``CAST''), participated in a scheme whereby he directed
activities in Singapore and the United States to obtain the Toray
materials for CAST, maintained a relationship with CAST, and
provided the money required to purchase Toray material for export to
CAST.
In furtherance of the conspiracy, Ding, knowing that his
Singapore companies were arranging for the purchase of Toray
materials from what Ding believed to be a U.S. supplier of Toray
materials, instructed co-conspirator Ping Cheng, a U.S. individual,
to inspect the merchandise and determine its authenticity. On or
about April 17, 2007, Ding sent an email to Cheng requesting that
Cheng fly to Minnesota from New York to inspect a lot of 104
kilograms of Toray M60 material. On or about June 29, 2007, Ding
directed Cheng to travel to Minnesota to inspect a lot of 211
kilograms of Toray M40 material. Upon receiving reports and pictures
of the items from Cheng, Ding then instructed FirmSpace to issue
purchase orders to the apparent U.S. supplier and authorized wire
transfers for payment for the Toray M60 and Toray M40 materials in
FirmSpace's name, thereby obscuring CAST's role in the transaction.
Ding took these actions despite repeated warnings that an export
license was required for the Toray material. Specifically, on or
about March 28, 2007, and again on or about April 5, 2007, Ding
received two e-mails from an individual he believed to be a U.S.
supplier of the Toray materials that informed him of licensing
requirements for the Toray M60 material. Again, on or about May 7,
2007, Ding received an e-mail from an individual he believed to be a
U.S. supplier of the Toray materials that informed him of licensing
requirements for the Toray M40 material. Nevertheless, Ding
instructed his co-conspirators to go forward with this transaction
and to export the Toray materials, which were destined for CAST.
Following the completion of these purchases, the materials were
moved to New York for storage in anticipation of export. Thereafter
on or about October 12, 2007, Ding requested that Cheng make a test
export of one box of the Toray M40 materials from the United States,
and Ding provided to Cheng the name of a specific individual at a
specific company that would facilitate the export. When the efforts
of Cheng to reach the specific individual provided by Ding were
unsuccessful, on or about November 17, 2007, Cheng asked Ding to
provide additional instructions and informed Ding that he ``had to
make up the story [when] I call for [a] rate quote.'' On or about
November 22, 2007, Ding advised Cheng to try again and to ``only say
`a customer do[es] have one box goods ship to Taiwan' she will
know.''
Finally, in furtherance of the conspiracy, on or about April 7,
2008, Ding sent Cheng an e-mail directing the export from the United
States of the 104 kilograms of Toray M60 material to Jowa Globaltech
Pte. Ltd., a.k.a. FirmSpace, in Singapore and of the 211 kilograms
of Toray M40 material to New Bluesky Technology Co. Ltd. in Hong
Kong. These exports were destined for CAST in China. In so doing,
Ding committed one violation of Section 764.2(d) of the Regulations.
Whereas, Bis and Ding have entered into a Settlement Agreement
pursuant to Section 766.18(a) 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, Ding shall be assessed a civil penalty in the amount of
$100,000, which shall be paid to the U.S. Department of Commerce in two
installments of $50,000. The first installment of $50,000 shall be paid
within 30 days from the date of this Order, and the second installment
of $50,000 shall be paid within six months from the date of this Order.
Second, that, pursuant to the Debt Collection Act of 1982, as
amended (31 U.S.C. 3701-3720E (2000)), the civil penalty owed under
this Order accrues interest as more fully described in the attached
Notice, and if any payment is not made in full by the due date set
forth herein, Ding will be assessed, in addition to the full amount of
the civil penalty and interest, a penalty charge and an administrative
charge, as more fully described in the attached Notice.
Third, for a period of twenty-five (25) years from the date of this
Order, Jianwei Ding, 51 Bukit Batok Crescent, 0828 Unity
Centre, Singapore 658077; Registration : 29603-050, FCI La
Tuna, Federal Correction Institution, P.O. Box 3000, Anthony, TX 88021,
and when acting for or on behalf of Ding, his representatives, agents,
assigns or employees (hereinafter collectively referred to as ``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. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
Fourth, 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
[[Page 47146]]
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.
Fifth, 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 the Denied Person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
the Order.
Sixth, that the proposed charging letter, the Settlement Agreement,
and this Order shall be made available to the public.
Seventh, that this Order shall be served on Ding and published in
the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Issued this 27th day of July 2011.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2011-19830 Filed 8-3-11; 8:45 am]
BILLING CODE 3510-DT-P
