Order Denying Export Privileges, 34342-34343 [2012-14090]
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34342
Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Notices
Subject to this Order, or service any
item, of whatever origin, that is owned,
possessed or controlled by the Persons
Subject to this Order 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. In addition to the Related Persons
named above, 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 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 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 January
28, 2021.
VI. In accordance with Part 756 of the
Regulations, Chitron-US 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. In accordance with Part 756 of the
Regulations, the Related Persons may
also 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.
VIII. A copy of this Order shall be
delivered to the Denied Person and the
Related Persons. This Order shall be
published in the Federal Register.
Issued this 4th day of June, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–14109 Filed 6–8–12; 8:45 am]
srobinson on DSK4SPTVN1PROD with NOTICES
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of:
Zhen Zhou Wu,
VerDate Mar<15>2010
20:21 Jun 08, 2012
Jkt 226001
a/k/a Alex Wu,
Currently Incarcerated at:
Inmate Number: 40887–424
FMC Devens,
Federal Medical Center,
P.O. Box 879,
Ayer, MA 01432,
and with an Address at:
2127 Sungang Building 19/F,
Luohu District, Shenzhen, 518001,
China.
On January 26, 2011, in the U.S.
District Court, District of Massachusetts,
Zhen Zhou Wu, a/k/a Alex Wu (‘‘Wu’’)
was convicted of violating the
International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.
(2000)) (‘‘IEEPA’’) and violating Section
38 of the Arms Export Control Act (22
U.S.C. 2778 (2000)) (‘‘AECA’’).
Specifically, Wu was convicted of
illegally exporting various electronic
components and other items subject to
the Export Administration Regulations
(the ‘‘Regulations’’) to end-users in
China between 2004 and 2007,
including to entities on the BIS Entity
List, and for military end-uses. Wu was
also convicted of illegally exporting
military electronic components
designated on the U.S. Munitions List to
China through Hong Kong between 2004
and 2007. In addition, Wu was
convicted of conspiring over a period of
10 years to violate IEEPA and AECA (18
U.S.C. 371); aiding and abetting (18
U.S.C. 2); and filing false shipping
documents with the Department of
Commerce (18 U.S.C. 1001). Wu was
sentenced to 97 months in prison, 24
months of supervised release, a $1,700
Special Assessment and a $15,000 fine.
Wu is also listed on the Department of
State’s Debarred List.
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
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)).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
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
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 Wu’s
conviction for violating IEEPA and the
AECA, and have provided notice and an
opportunity for Wu to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
not received a submission from Wu.
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 Wu’s export
privileges under the Regulations for a
period of 10 years from the date of Wu’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which Wu had
an interest at the time of his conviction.
Accordingly, it is hereby ordered:
I. Until January 26, 2021, Zhen Zhou
Wu, a/k/a Alex Wu, with last known
addresses at: Inmate Number: 40887–
424, FMC Devens, Federal Medical
Center, P.O. Box 879, Ayer, MA 01432
and 2127 Sungang Road, Huatong
Building 19/F, Luohu District,
Shenzhen, 518001, China, and when
acting for or on behalf of Wu, 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
E:\FR\FM\11JNN1.SGM
11JNN1
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 112 / Monday, June 11, 2012 / Notices
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.
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 Wu 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.
VerDate Mar<15>2010
20:21 Jun 08, 2012
Jkt 226001
V. This Order is effective immediately
and shall remain in effect until January
26, 2021.
VI. In accordance with Part 756 of the
Regulations, Wu 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 Wu. This Order shall be
published in the Federal Register.
Issued this 4th day of June, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012–14090 Filed 6–8–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey From the People’s Republic of
China: Final Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On January 3, 2012, the
Department of Commerce
(‘‘Department’’) published in the
Federal Register the preliminary
rescission of the ninth administrative
review, covering the period December 1,
2009, through November 30, 2010, of
the antidumping duty order on honey
from the People’s Republic of China
(‘‘PRC’’).1 We gave interested parties an
opportunity to comment on the
Preliminary Rescission. After reviewing
interested parties’ comments, we made
no changes for the final rescission of
this review.
AGENCY:
DATES:
Effective Date: June 11, 2012.
Josh
Startup or Catherine Bertrand, 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) 482–5260 or (202) 482–
3207, respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
1 See Honey from the People’s Republic of China:
Preliminary Rescission of the Administrative
Review, 77 FR 79 (January 3, 2012) (‘‘Preliminary
Rescission’’).
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Fmt 4703
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34343
Background
The Department received timely
requests from Petitioners 2 and Dongtai
Peak Honey Industry Co., Ltd. (‘‘Dongtai
Peak’’), a Chinese producer and exporter
of honey, in accordance with 19 CFR
351.213(b), during the anniversary
month of December, to conduct a review
of honey exporters from the PRC. On
January 28, 2011, the Department
initiated this review with respect to all
60 requested companies.3
On February 7, 2011, Mongolia Altin
Bee-Keeping Co., Ltd., Suzhou Shanding
Honey Product Co., Ltd., and Wuhu
Fenglian Co., Ltd. submitted a letter
certifying they had no shipments during
the POR and requesting the Department
rescind this review with respect to each
of them.4 On February 24, 2011,
Petitioners withdrew the request for
review for all companies requested
except for Dongtai Peak. On March 9,
2011, the Department published a notice
of partial rescission in the Federal
Register for all of the companies for
which the request for review was
withdrawn.5 Dongtai Peak remains the
only company subject to this review. On
August 4, 2011, the Department
published a notice extending the time
period for issuing the preliminary
results by 120 days to December 31,
2011.6
As noted above, on January 3, 2012,
the Department published the
Preliminary Rescission of this
administrative review. We set the
deadline for interested parties to submit
case briefs and rebuttal briefs to
February 8, 2012, and February 13,
2012, respectively.7 On February 13,
2012, we extended the deadline for
parties to submit rebuttal briefs to
February 21, 2012. On February 8, 2012,
Dongtai Peak and Petitioners both filed
case briefs. On February 21, 2012, both
2 The American Honey Producers Association and
Sioux Honey Association, collectively
‘‘Petitioners.’’
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 76 FR
5137 (January 28, 2011) (‘‘Initiation Notice’’).
4 Companies have the opportunity to submit
statements certifying that they did not ship the
subject merchandise to the United States during the
POR.
5 See Honey from the People’s Republic of China:
Partial Rescission of Antidumping Duty
Administrative Review, 76 FR 12940 (March 9,
2011).
6 See Ninth Administrative Review of Honey
From the People’s Republic of China: Extension of
Time Limit for the Preliminary Results, 76 FR 47238
(August 4, 2011).
7 See Memo to the File From Josh Startup Re:
Honey from the People’s Republic of China
(‘‘PRC’’): Case Brief Schedule, dated January 9,
2012.
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]]>Agencies
[Federal Register Volume 77, Number 112 (Monday, June 11, 2012)]
[Notices]
[Pages 34342-34343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14090]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of:
Zhen Zhou Wu,
a/k/a Alex Wu,
Currently Incarcerated at:
Inmate Number: 40887-424
FMC Devens,
Federal Medical Center,
P.O. Box 879,
Ayer, MA 01432,
and with an Address at:
2127 Sungang Building 19/F,
Luohu District, Shenzhen, 518001, China.
On January 26, 2011, in the U.S. District Court, District of
Massachusetts, Zhen Zhou Wu, a/k/a Alex Wu (``Wu'') was convicted of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq. (2000)) (``IEEPA'') and violating Section 38 of the Arms
Export Control Act (22 U.S.C. 2778 (2000)) (``AECA''). Specifically, Wu
was convicted of illegally exporting various electronic components and
other items subject to the Export Administration Regulations (the
``Regulations'') to end-users in China between 2004 and 2007, including
to entities on the BIS Entity List, and for military end-uses. Wu was
also convicted of illegally exporting military electronic components
designated on the U.S. Munitions List to China through Hong Kong
between 2004 and 2007. In addition, Wu was convicted of conspiring over
a period of 10 years to violate IEEPA and AECA (18 U.S.C. 371); aiding
and abetting (18 U.S.C. 2); and filing false shipping documents with
the Department of Commerce (18 U.S.C. 1001). Wu was sentenced to 97
months in prison, 24 months of supervised release, a $1,700 Special
Assessment and a $15,000 fine. Wu is also listed on the Department of
State's Debarred List.
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 Wu's conviction for violating IEEPA and
the AECA, and have provided notice and an opportunity for Wu to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. I have not received a submission from Wu. 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 Wu's export privileges under the Regulations for a period of 10
years from the date of Wu's conviction. I have also decided to revoke
all licenses issued pursuant to the Act or Regulations in which Wu had
an interest at the time of his conviction.
Accordingly, it is hereby ordered:
I. Until January 26, 2021, Zhen Zhou Wu, a/k/a Alex Wu, with last
known addresses at: Inmate Number: 40887-424, FMC Devens, Federal
Medical Center, P.O. Box 879, Ayer, MA 01432 and 2127 Sungang Road,
Huatong Building 19/F, Luohu District, Shenzhen, 518001, China, and
when acting for or on behalf of Wu, 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
[[Page 34343]]
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.
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 Wu 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 January 26, 2021.
VI. In accordance with Part 756 of the Regulations, Wu 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 Wu. This Order
shall be published in the Federal Register.
Issued this 4th day of June, 2012.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2012-14090 Filed 6-8-12; 8:45 am]
BILLING CODE P
