In the Matter of: Kok Tong Lim, a/k/a Thomas Lim Blk 258A Compassvale Road #07-551 Singapore 541258; Order Denying Export Privileges, 6782-6783 [2012-2959]
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Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Notices
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mstockstill on DSK4VPTVN1PROD with NOTICES
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VerDate Mar<15>2010
18:04 Feb 08, 2012
Jkt 226001
Authority: 7 U.S.C. 71–87k.
Alan R. Christian,
Acting Administrator, Grain Inspection,
Packers and Stockyards Administration.
[FR Doc. 2012–2995 Filed 2–8–12; 8:45 am]
BILLING CODE 3410–KD–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Kok Tong Lim, a/k/a
Thomas Lim Blk 258A Compassvale
Road #07–551 Singapore 541258;
Order Denying Export Privileges
On October 9, 2009, in the U.S.
District Court, District of Minnesota,
Kok Tong Lim, a/k/a Thomas Lim,
(‘‘Lim’’) of Singapore, pled guilty to one
count of violating the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq. (2000)) (‘‘IEEPA’’).
Specifically, Lim conspired to illegally
export wound carbon fiber, an item
subject to the Regulations and
controlled under Export Control
Classification Numbers (‘‘ECCN’’) 1C010
and 1C210, to the China Academy of
Space Technology. Lim was sentenced
for a prison term of time served, which
amounted to one year imprisonment,
and ordered to serve two years of
supervised release.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
part, that ‘‘[t]he Director of the Office of
Exporter Services, in consultation with
the Director of the Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of the [Export
Administration Act (‘‘EAA’’)], the EAR,
or any order, license or authorization
issued thereunder; any regulation,
license, or order issued under the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706); 18
U.S.C. 793, 794 or 798; section 4(b) of
the Internal Security Act of 1950 (50
U.S.C. 783(b)), or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).’’ 15
CFR 766.25(a); see also Section 11(h) of
the EAA, 50 U.S.C. app. § 2410(h). The
denial of export privileges under this
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2011). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. app. §§ 2401–
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the
EAA has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended
by successive Presidential Notices, the most recent
being that of August 12, 2011 (76 FR 50661 (August
16, 2011)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq. (2000)).
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Fmt 4703
Sfmt 4703
provision may be for a period of up to
10 years from the date of the conviction.
15 CFR 766.25(d); see also 50 U.S.C.
app. § 2410(h). In addition, Section
750.8 of the Regulations states that the
Bureau of Industry and Security’s Office
of Exporter Services may revoke any
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued in which the
person had an interest in at the time of
his conviction.
I have received notice of Lim’s
conviction for violating IEEPA, and
have provided notices and opportunities
for Lim to make a written submission to
BIS, as provided in Section 766.25 of
the Regulations. I have not received a
submission from Lim. Based upon my
review and consultations with BIS’s
Office of Export Enforcement, including
its Director, and the facts available to
BIS, I have decided to deny Lim’s export
privileges under the Regulations for a
period of ten years from the date of
Lim’s conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which Lim
had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until October 9, 2019, Kok Tong
Lim, a/k/a Thomas Lim, with the last
known address at: Blk
258A,Compassvale Road #07–551,
Singapore 541258, and when acting for
or on behalf of Lim, his representatives,
assigns, agents or employees (the
‘‘Denied Person’’), may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
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.
E:\FR\FM\09FEN1.SGM
09FEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 27 / Thursday, February 9, 2012 / Notices
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
III. After notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Lim by
affiliation, ownership, control or
position of responsibility in the conduct
of trade or related services may also be
subject to the provisions of this Order if
necessary to prevent evasion of the
Order.
IV. 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 foreignproduced direct product of U.S.-origin
technology.
V. This Order is effective immediately
and shall remain in effect until October
9, 2019.
VI. In accordance with Part 756 of the
Regulations, Lim may file an appeal of
this Order with the Under Secretary of
Commerce for Industry and Security.
The appeal must be filed within 45 days
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18:04 Feb 08, 2012
Jkt 226001
from the date of this Order and must
comply with the provisions of Part 756
of the Regulations.
VII. A copy of this Order shall be
delivered to the Lim. This Order shall
be published in the Federal Register.
Issued this 2nd day, of February 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–2959 Filed 2–8–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–905]
Certain Polyester Staple Fiber From
the People’s Republic of China:
Extension of Preliminary Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is extending the time
limit for the preliminary results of the
administrative review of certain
polyester staple fiber from the People’s
Republic of China (‘‘PRC’’). This review
covers the period June 1, 2010, through
May 31, 2011.
DATES: Effective Date: February 9, 2012.
FOR FURTHER INFORMATION CONTACT:
Steven Hampton, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0116.
AGENCY:
Background
On July 28, 2011, the Department
published a notice of initiation of the
administrative review of the
antidumping duty order on certain
polyester staple fiber from the PRC. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, Requests for Revocations in
Part and Deferral of Administrative
Reviews, 76 FR 45227 (July 28, 2011).
The preliminary results are currently
due no later than March 1, 2012.
Statutory Time Limits
In antidumping duty administrative
reviews, section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), requires the Department to make
a preliminary 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
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Fmt 4703
Sfmt 4703
6783
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
this administrative review within the
original time limit because the
Department requires additional time to
analyze questionnaire responses, issue
supplemental questionnaires, and
evaluate surrogate value submissions for
purposes of the preliminary results.
Therefore, the Department is extending
the time limit for completion of the
preliminary results of this
administrative review by 30 days. The
preliminary results will now be due no
later than March 31, 2012. As that day
falls on a Saturday, the preliminary
results are due no later than April 2,
2012.1 The final results continue to be
due 120 days after the publication of the
preliminary results.
We are issuing and publishing this
notice in accordance with sections
751(a)(3)(A) and 777(i) of the Act.
Dated: February 3, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–3024 Filed 2–8–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Renewable Energy and Energy
Efficiency Advisory Committee
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The Renewable Energy and
Energy Efficiency Advisory Committee
(RE&EEAC) will hold a meeting to hear
presentations from the Department of
State, Office of the U.S. Trade
Representative, Ex-Im Bank, and
Department of Commerce on efforts to
address issues that affect the
competitiveness of U.S. renewable
SUMMARY:
1 See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant of the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
E:\FR\FM\09FEN1.SGM
09FEN1
Agencies
[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Notices]
[Pages 6782-6783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2959]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Kok Tong Lim, a/k/a Thomas Lim Blk 258A
Compassvale Road 07-551 Singapore 541258; Order Denying Export
Privileges
On October 9, 2009, in the U.S. District Court, District of
Minnesota, Kok Tong Lim, a/k/a Thomas Lim, (``Lim'') of Singapore, pled
guilty to one count of violating the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq. (2000)) (``IEEPA''). Specifically,
Lim conspired to illegally export wound carbon fiber, an item subject
to the Regulations and controlled under Export Control Classification
Numbers (``ECCN'') 1C010 and 1C210, to the China Academy of Space
Technology. Lim was sentenced for a prison term of time served, which
amounted to one year imprisonment, and ordered to serve two years of
supervised release.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the [Export
Administration Act (``EAA'')], the EAR, or any order, license or
authorization issued thereunder; any regulation, license, or order
issued under the International Emergency Economic Powers Act (50 U.S.C.
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also
Section 11(h) of the EAA, 50 U.S.C. app. Sec. 2410(h). The denial of
export privileges under this provision may be for a period of up to 10
years from the date of the conviction. 15 CFR 766.25(d); see also 50
U.S.C. app. Sec. 2410(h). In addition, Section 750.8 of the
Regulations states that the Bureau of Industry and Security's Office of
Exporter Services may revoke any Bureau of Industry and Security
(``BIS'') licenses previously issued in which the person had an
interest in at the time of his conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2011). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. app.
Sec. Sec. 2401-2420 (2000)) (``EAA''). Since August 21, 2001, the
EAA has been in lapse and the President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has
been extended by successive Presidential Notices, the most recent
being that of August 12, 2011 (76 FR 50661 (August 16, 2011)), has
continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq. (2000)).
---------------------------------------------------------------------------
I have received notice of Lim's conviction for violating IEEPA, and
have provided notices and opportunities for Lim to make a written
submission to BIS, as provided in Section 766.25 of the Regulations. I
have not received a submission from Lim. Based upon my review and
consultations with BIS's Office of Export Enforcement, including its
Director, and the facts available to BIS, I have decided to deny Lim's
export privileges under the Regulations for a period of ten years from
the date of Lim's conviction. I have also decided to revoke all
licenses issued pursuant to the Act or Regulations in which Lim had an
interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until October 9, 2019, Kok Tong Lim, a/k/a Thomas Lim, with the
last known address at: Blk 258A,Compassvale Road 07-551,
Singapore 541258, and when acting for or on behalf of Lim, his
representatives, assigns, agents or employees (the ``Denied Person''),
may not, directly or indirectly, participate in any way in any
transaction involving any commodity, software or technology
(hereinafter collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the 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.
[[Page 6783]]
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Denied Person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
III. After notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Lim by affiliation, ownership,
control or position of responsibility in the conduct of trade or
related services may also be subject to the provisions of this Order if
necessary to prevent evasion of the Order.
IV. 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.
V. This Order is effective immediately and shall remain in effect
until October 9, 2019.
VI. In accordance with Part 756 of the Regulations, Lim may file an
appeal of this Order with the Under Secretary of Commerce for Industry
and Security. The appeal must be filed within 45 days from the date of
this Order and must comply with the provisions of Part 756 of the
Regulations.
VII. A copy of this Order shall be delivered to the Lim. This Order
shall be published in the Federal Register.
Issued this 2nd day, of February 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-2959 Filed 2-8-12; 8:45 am]
BILLING CODE P