In the Matter of: Humane Restraint, Inc., 912 Bethel Circle, Waunakee, WI 53597, Respondent; Order Relating To Humane Restraint, Inc, 41742-41744 [2012-17236]
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Notices
advanced indicator programs will also
be discussed during the first day of the
hearing.
The second day will include a
presentation by CSB staff on
preliminary findings of the agency’s
Macondo incident investigation on the
use of safety indicators and major
accident prevention. Evidence will be
presented on the way safety was
managed at Macondo and the influence
of the regulator in driving safety
performance offshore.
All staff presentations are preliminary
and are intended solely to allow the
Board to consider in a public forum the
issues and factors involved in this case.
No factual analyses, conclusions or
findings presented by staff should be
considered final until approved by the
Board.
Please notify CSB if a translator or
interpreter is needed, at least 5 business
days prior to the public meeting. For
more information, please contact Hillary
J. Cohen at hillary.cohen@csb.gov at the
Chemical Safety and Hazard
Investigation Board at (202)–261–7600,
or visit our Web site at: www.csb.gov.
The CSB is an independent Federal
agency charged with investigating
industrial accidents that result in the
release of extremely hazardous
substances. The agency’s board
members are appointed by the President
and confirmed by the Senate. CSB
investigations look into all aspects of
accidents, including physical causes
such as equipment failure as well as
inadequacies in regulations, industry
standards, and safety management
systems.
Daniel Horowitz,
Managing Director.
[FR Doc. 2012–17304 Filed 7–12–12; 11:15 am]
BILLING CODE 6350–01–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1838]
srobinson on DSK4SPTVN1PROD with NOTICES
Reorganization and Expansion of
Foreign-Trade Zone 202 Under
Alternative Site Framework Los
Angeles, CA
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, 01/12/2009; correction 74 FR
3987, 01/22/2009; 75 FR 71069–71070,
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16:32 Jul 13, 2012
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11/22/2010) as an option for the
establishment or reorganization of
general-purpose zones;
Whereas, the Board of Harbor
Commissioners of the City of Los
Angeles, grantee of Foreign-Trade Zone
202, submitted an application to the
Board (FTZ Docket 9–2012, filed 02/09/
2012) for authority to reorganize and
expand under the ASF with a service
area of Orange County and portions of
Los Angeles and San Bernardino
Counties, California, within and
adjacent to the Los Angeles-Long Beach
U.S. Customs and Border Protection
port of entry, FTZ 202’s Site 9 would be
renumbered to create new Sites 30 and
31, Sites 1, 4, 7, 10–11, 14, 20 and 22
would be categorized as magnet sites,
Sites 2, 5, 9, 12, 15, 19, 25, 27–28 and
30–31 would be categorized as usage
driven sites, Sites 16, 24 and 26 would
be removed from the zone project, and
the grantee proposes one new usagedriven site (Site 29);
Whereas, notice inviting public
comment was given in the Federal
Register (77 FR 8804–8805, 02/15/2012)
and the application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendation of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
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 202
under the alternative site framework is
approved, subject to the FTZ Act and
the Board’s regulations, including
Section 400.13, to the Board’s standard
2,000-acre activation limit for the
overall general-purpose zone project, to
a five-year ASF sunset provision for
magnet sites that would terminate
authority for Sites 4, 7, 10–11, 14, 20
and 22 if not activated by July 31, 2017,
and to a three-year ASF sunset
provision for usage-driven sites that
would terminate authority for Sites 2, 5,
9, 12, 15, 19, 25, 27–31 if no foreignstatus merchandise is admitted for a
bona fide customs purpose by July 31,
2015.
Signed at Washington, DC, this 5th day of
July 2012.
Paul Piquado,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2012–17294 Filed 7–13–12; 8:45 am]
BILLING CODE P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Humane Restraint,
Inc., 912 Bethel Circle, Waunakee, WI
53597, Respondent; Order Relating To
Humane Restraint, Inc
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Humane Restraint, Inc. of
Wanakee, WI (‘‘HR’’), of its intention to
initiate an administrative proceeding
against HR pursuant to Section 766.3 of
the Export Administration Regulations
(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 HR that alleged that HR
committed 32 violations of the
Regulations. Specifically, these charges
are:
Charges 1–27 15 CFR 764.2(a)—
Engaging in Prohibited Conduct by
Exporting Various Restraint Devices
Without the Required Government
Authorizations
On 27 occasions between on or about
April 10, 2006 and on or about August
8, 2008, HR engaged in conduct
prohibited by the Regulations by
exporting various restraint devices,
including, but not limited to, strait
jackets, bed restraints, and wrist and
ankle restraints, items subject to the
Regulations, classified under Export
Control Classification Number
(‘‘ECCN’’) 0A982, controlled for Crime
Control reasons, and valued at
approximately $14,697, from the United
States to Germany, Greece, Hungary,
Ireland, New Zealand, South Korea,
Taiwan, and the United Kingdom
without the Department of Commerce
licenses required by Section 742.7(a) of
the Regulations. In so doing, HR
committed 27 violations of Section
764.2(a) of the Regulations.
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR Parts 730–
774 (2012). The charged violations occurred in
2006–2008. The Regulations governing the
violations at issue are found in the 2006–2008
versions of the Code of Federal Regulations (15 CFR
Parts 730–774 (2006–2008)). The 2012 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 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 (Aug. 16, 2011)), continues the
Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq.).
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Notices
Charge 28 15 CFR 764.2(c)—
Attempting To Export a Strait Jacket
Without the Required Government
Authorization
On or about November 28, 2007, HR
attempted a violation of the Regulations.
Specifically, HR attempted to export a
strait jacket, an item subject to the
Regulations, classified under ECCN
0A982, controlled for Crime Control
reasons, and valued at approximately
$112, from the United States to the
United Kingdom without the
Department of Commerce license
required by Section 742.7(a) of the
Regulations. The item was seized by
U.S. Customs and Border Patrol (‘‘CBP’’)
prior to leaving the United States. In so
doing, HR committed one violation of
Section 764.2(c) of the Regulations.
srobinson on DSK4SPTVN1PROD with NOTICES
Charges 29–32 15 CFR 764.2(e)—
Acting With Knowledge of a Violation
On four occasions between on or
about January 2, 2008 and on or about
August 7, 2008, HR sold items exported
or to be exported from the United States
with knowledge that a violation of the
Regulations was about to occur or was
intended to occur in connection with
the items. Specifically, on four
occasions HR sold strait jackets and an
ambulatory restraint kit, items classified
under ECCN 0A982, controlled for
Crime Control reasons, and valued at
approximately $1,818. These items were
exported or to be exported from the
United States to Australia, Germany,
and Taiwan. HR knew or should have
known that a Department of Commerce
export license was required to export
these items because, inter alia, on or
about December 10, 2007, before these
violations occurred, HR was informed of
licensing requirements by CBP, which
had stopped and later seized HR’s
November 28, 2007 attempted
unlicensed export, described in Charge
28, above. In so doing, HR committed
four violations of Section 764.2(e) of the
Regulations.
Whereas, BIS and HR 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, HR shall be assessed a civil
penalty in the amount of $465,000. HR
shall pay the U.S. Department of
Commerce in four installments of:
$12,500 not later than August 1, 2012;
$12,500 not later than February 1, 2013;
$12,500 not later than August 1, 2013;
and $12,500 not later than February 1,
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2014. If any of the four installment
payments is not fully and timely made,
any remaining scheduled installment
payments and any suspended penalty
shall become due and owing
immediately. Payment of the remaining
$415,000 shall be suspended for a
period of two years from the date of
issuance of the Order, and thereafter
shall be waived, provided that during
this two-year payment probationary
period under the Order, HR has
committed no violation of the Act, or
any regulation, order, or license issued
thereunder and has made full and
timely payment of $50,000 as set forth
above.
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 payment is not
made in by the due date specified
herein, HR 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, that the full and timely
payment of the civil penalty in
accordance with the payment schedule
set forth above is hereby made a
condition to the granting, restoration, or
continuing validity of any export
license, license exception, permission,
or privilege granted, or to be granted, to
HR. Accordingly, if HR should fail to
pay the civil penalty in a full and timely
manner, the undersigned may issue an
Order denying all of HR’s export
privileges under the Regulations for a
period of one year from the date of
failure to make such payment.
Fourth, that, except as provided in
paragraph SIXTH of this Order, for a
period of two (2) years from the date of
issuance of the Order, Humane
Restraint, Inc., with a last known
address of 912 Bethel Circle, Waunakee,
WI 53597, and when acting for or on its
behalf, its successors, assigns, directors,
officers, employees, representatives, or
agents (hereinafter collectively referred
to as ‘‘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 to any destination
other than Canada that is subject to the
Regulations, or in any other activity
subject to the Regulations that involves
a destination other than Canada,
including, but not limited to:
A. Applying for or obtaining any
license, or License Exception that
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41743
involves an export to any destination
other than Canada;
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 to any
destination other than Canada that is
subject to the Regulations, or in any
other activity subject to the Regulations
that involves a destination other than
Canada; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
to any destination other than Canada
that is subject to the Regulations, or in
any other activity subject to the
Regulations that involves a destination
other than Canada.
Fifth, that, except as provided in
paragraph SEVENTH of this Order, 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 to any destination other
than Canada;
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 to any destination other than
Canada, 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 to any destination other than
Canada;
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 to any destination other
than Canada; 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 to any destination other
than Canada 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
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Federal Register / Vol. 77, No. 136 / Monday, July 16, 2012 / Notices
States to any destination other than
Canada. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Sixth, that this Order does not
prohibit HR from exporting items from
the United States under a previously
approved U.S. Department of Commerce
export license that is valid as of the date
of this Order. Any exports made under
this provision shall be subject to all
terms, conditions and expiration dates
contained in the underlying export
license.
Seventh, that this Order does not
prohibit freight forwarders, carriers,
consignees or end users from
participating in export transactions
authorized by a previously approved
U.S. Department of Commerce export
license issued to HR that is valid as of
the date of this Order. Any actions taken
under this provision shall be subject to
all terms and conditions of the
underlying export license.
Eighth, 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.
Ninth, that the Proposed Charging
Letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Tenth, that this Order shall be served
on HR, and shall be published in the
Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Issued this 9th day of July, 2012.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2012–17236 Filed 7–13–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
srobinson on DSK4SPTVN1PROD with NOTICES
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Effective Date: July 16, 2012.
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Jkt 226001
On January 10, 2012, the
Department of Commerce (the
Department) published in the Federal
Register the preliminary results of
administrative review of the
antidumping duty order on hand trucks
and certain parts thereof from the
People’s Republic of China (PRC).1
Based upon our analysis of the
comments, we made changes to the
margin calculations for the final results.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–4947 or (202) 482–
0649, respectively.
SUMMARY:
SUPPLEMENTARY INFORMATION
Background
On January 10, 2012, the Department
published the preliminary results of
administrative review of the
antidumping duty order on hand trucks
and certain parts thereof from the PRC.
On February 3, 2012, Gleason Industrial
Products, Inc., and Precision Products,
Inc. (petitioners) submitted additional
surrogate value (SV) information. On
February 28, 2012, New-Tec submitted
factual information to rebut, clarify, or
correct the factual information
submitted by the petitioners on
February 17, 2012.
In the preliminary results, the
Department invited interested parties to
submit case briefs within 30 days of
publication of the preliminary results
and rebuttal briefs within five days after
the due date for filing case briefs. See
Preliminary Results at 1469. We
received a case brief from petitioners
and a joint case brief from two
interested parties, Welcom Products,
Inc. (Welcom) and Yangjiang Shunhe
Industrial Co., Ltd. (Shunhe) on
February 22, 2012, and rebuttal briefs
from New-Tec and Cosco Home and
Office Products, a U.S. importer, on
March 1, 2012.
On February 8, 2012, petitioners
requested the Department hold a public
hearing to discuss the preliminary
results. The Department held a public
hearing on March 28, 2012.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this review
are addressed in the memorandum
1 See Hand Trucks and Certain Parts Thereof
from the People’s Republic of China: Preliminary
Results of Antidumping Duty Administrative
Review, 77 FR 1464 (January 10, 2012) (Preliminary
Results).
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entitled, ‘‘Issues and Decision
Memorandum for the Final Results in
the Administrative Review of Hand
Trucks and Certain Parts Thereof from
the People’s Republic of China,’’ which
is dated concurrently with and adopted
by this notice (Decision Memorandum).
A list of the issues which parties raised,
and to which we respond in the
Decision Memorandum is attached to
this notice as an Appendix. The
Decision Memorandum is a public
document, and is on file in the Central
Records Unit (CRU), Main Commerce
Building, Room 7046, and is accessible
on the Department’s web site at https://
www.trade.gov/ia. The paper copy and
electronic version of the memorandum
are identical in content.
Period of Review
The period of review (POR) is
December 31, 2009, through November
30, 2010.
Scope of the Order
The merchandise subject to this
antidumping duty order consists of
hand trucks manufactured from any
material, whether assembled or
unassembled, complete or incomplete,
suitable for any use, and certain parts
thereof, namely the vertical frame, the
handling area and the projecting edges
or toe plate, and any combination
thereof. A complete or fully assembled
hand truck is a hand-propelled barrow
consisting of a vertically disposed frame
having a handle or more than one
handle at or near the upper section of
the vertical frame; at least two wheels at
or near the lower section of the vertical
frame; and a horizontal projecting edge
or edges, or toe plate, perpendicular or
angled to the vertical frame, at or near
the lower section of the vertical frame.
The projecting edge or edges, or toe
plate, slides under a load for purposes
of lifting and/or moving the load.
That the vertical frame can be
converted from a vertical setting to a
horizontal setting, then operated in that
horizontal setting as a platform, is not
a basis for exclusion of the hand truck
from the scope of this petition. That the
vertical frame, handling area, wheels,
projecting edges or other parts of the
hand truck can be collapsed or folded is
not a basis for exclusion of the hand
truck from the scope of the petition.
That other wheels may be connected to
the vertical frame, handling area,
projecting edges, or other parts of the
hand truck, in addition to the two or
more wheels located at or near the lower
section of the vertical frame, is not a
basis for exclusion of the hand truck
from the scope of the petition. Finally,
that the hand truck may exhibit physical
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]]>Agencies
[Federal Register Volume 77, Number 136 (Monday, July 16, 2012)]
[Notices]
[Pages 41742-41744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17236]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Humane Restraint, Inc., 912 Bethel Circle,
Waunakee, WI 53597, Respondent; Order Relating To Humane Restraint, Inc
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS''), has notified Humane Restraint, Inc. of Wanakee, WI (``HR''),
of its intention to initiate an administrative proceeding against HR
pursuant to Section 766.3 of the Export Administration Regulations (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 HR that alleged that HR committed 32
violations of the Regulations. Specifically, these charges are:
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR Parts 730-774 (2012). The charged
violations occurred in 2006-2008. The Regulations governing the
violations at issue are found in the 2006-2008 versions of the Code
of Federal Regulations (15 CFR Parts 730-774 (2006-2008)). The 2012
Regulations set forth the procedures that apply to this matter.
\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, 2011 (76 FR 50661 (Aug. 16, 2011)),
continues the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701, et seq.).
---------------------------------------------------------------------------
Charges 1-27 15 CFR 764.2(a)--Engaging in Prohibited Conduct by
Exporting Various Restraint Devices Without the Required Government
Authorizations
On 27 occasions between on or about April 10, 2006 and on or about
August 8, 2008, HR engaged in conduct prohibited by the Regulations by
exporting various restraint devices, including, but not limited to,
strait jackets, bed restraints, and wrist and ankle restraints, items
subject to the Regulations, classified under Export Control
Classification Number (``ECCN'') 0A982, controlled for Crime Control
reasons, and valued at approximately $14,697, from the United States to
Germany, Greece, Hungary, Ireland, New Zealand, South Korea, Taiwan,
and the United Kingdom without the Department of Commerce licenses
required by Section 742.7(a) of the Regulations. In so doing, HR
committed 27 violations of Section 764.2(a) of the Regulations.
[[Page 41743]]
Charge 28 15 CFR 764.2(c)--Attempting To Export a Strait Jacket Without
the Required Government Authorization
On or about November 28, 2007, HR attempted a violation of the
Regulations. Specifically, HR attempted to export a strait jacket, an
item subject to the Regulations, classified under ECCN 0A982,
controlled for Crime Control reasons, and valued at approximately $112,
from the United States to the United Kingdom without the Department of
Commerce license required by Section 742.7(a) of the Regulations. The
item was seized by U.S. Customs and Border Patrol (``CBP'') prior to
leaving the United States. In so doing, HR committed one violation of
Section 764.2(c) of the Regulations.
Charges 29-32 15 CFR 764.2(e)--Acting With Knowledge of a Violation
On four occasions between on or about January 2, 2008 and on or
about August 7, 2008, HR sold items exported or to be exported from the
United States with knowledge that a violation of the Regulations was
about to occur or was intended to occur in connection with the items.
Specifically, on four occasions HR sold strait jackets and an
ambulatory restraint kit, items classified under ECCN 0A982, controlled
for Crime Control reasons, and valued at approximately $1,818. These
items were exported or to be exported from the United States to
Australia, Germany, and Taiwan. HR knew or should have known that a
Department of Commerce export license was required to export these
items because, inter alia, on or about December 10, 2007, before these
violations occurred, HR was informed of licensing requirements by CBP,
which had stopped and later seized HR's November 28, 2007 attempted
unlicensed export, described in Charge 28, above. In so doing, HR
committed four violations of Section 764.2(e) of the Regulations.
Whereas, BIS and HR 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, HR shall be assessed a civil penalty in the amount of
$465,000. HR shall pay the U.S. Department of Commerce in four
installments of: $12,500 not later than August 1, 2012; $12,500 not
later than February 1, 2013; $12,500 not later than August 1, 2013; and
$12,500 not later than February 1, 2014. If any of the four installment
payments is not fully and timely made, any remaining scheduled
installment payments and any suspended penalty shall become due and
owing immediately. Payment of the remaining $415,000 shall be suspended
for a period of two years from the date of issuance of the Order, and
thereafter shall be waived, provided that during this two-year payment
probationary period under the Order, HR has committed no violation of
the Act, or any regulation, order, or license issued thereunder and has
made full and timely payment of $50,000 as set forth above.
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 payment is not made in by the due date specified herein,
HR 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, that the full and timely payment of the civil penalty in
accordance with the payment schedule set forth above is hereby made a
condition to the granting, restoration, or continuing validity of any
export license, license exception, permission, or privilege granted, or
to be granted, to HR. Accordingly, if HR should fail to pay the civil
penalty in a full and timely manner, the undersigned may issue an Order
denying all of HR's export privileges under the Regulations for a
period of one year from the date of failure to make such payment.
Fourth, that, except as provided in paragraph SIXTH of this Order,
for a period of two (2) years from the date of issuance of the Order,
Humane Restraint, Inc., with a last known address of 912 Bethel Circle,
Waunakee, WI 53597, and when acting for or on its behalf, its
successors, assigns, directors, officers, employees, representatives,
or agents (hereinafter collectively referred to as ``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 to any destination other than Canada
that is subject to the Regulations, or in any other activity subject to
the Regulations that involves a destination other than Canada,
including, but not limited to:
A. Applying for or obtaining any license, or License Exception that
involves an export to any destination other than Canada;
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 to any destination other than Canada that is subject to
the Regulations, or in any other activity subject to the Regulations
that involves a destination other than Canada; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States to any destination
other than Canada that is subject to the Regulations, or in any other
activity subject to the Regulations that involves a destination other
than Canada.
Fifth, that, except as provided in paragraph SEVENTH of this Order,
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 to any destination other than Canada;
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 to any destination other than Canada,
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 to any
destination other than Canada;
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 to
any destination other than Canada; 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 to
any destination other than Canada 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
[[Page 41744]]
States to any destination other than Canada. For purposes of this
paragraph, servicing means installation, maintenance, repair,
modification or testing.
Sixth, that this Order does not prohibit HR from exporting items
from the United States under a previously approved U.S. Department of
Commerce export license that is valid as of the date of this Order. Any
exports made under this provision shall be subject to all terms,
conditions and expiration dates contained in the underlying export
license.
Seventh, that this Order does not prohibit freight forwarders,
carriers, consignees or end users from participating in export
transactions authorized by a previously approved U.S. Department of
Commerce export license issued to HR that is valid as of the date of
this Order. Any actions taken under this provision shall be subject to
all terms and conditions of the underlying export license.
Eighth, 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.
Ninth, that the Proposed Charging Letter, the Settlement Agreement,
and this Order shall be made available to the public.
Tenth, that this Order shall be served on HR, and shall be
published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Issued this 9th day of July, 2012.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2012-17236 Filed 7-13-12; 8:45 am]
BILLING CODE P
