Amendments to Existing Validated End User Authorizations: Advanced Micro Devices China, Inc., Lam Research Corporation, SK hynix Semiconductor (China) Ltd., and SK hynix Semiconductor (Wuxi) Ltd. in the People's Republic of China; Clarification of Scope of Entries in Supplement, 3319-3325 [2013-00770]
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Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of January 19, 2012, 77 FR 3067
(January 20, 2012) Notice of August 15, 2012,
77 FR 49699 (August 16, 2012); Notice of
September 11, 2012, 77 FR 56519
(September, 12, 2012); Notice of November 1,
2012, 77 FR 66513 (November 5, 2012).
2. Supplement No. 4 to part 744 is
amended:
■ a. By removing under Finland the
Finnish entity ‘‘Olkerboy Oy/Nurminen
Oy’’, and adding in alphabetical order,
one Finnish entity for Olkebor Oy/
Nurminen Oy’’;
■ b. By removing under France, the two
French entities: ‘‘Laurence Mattiucci, 8
Rue de la Bruyere, 31120 Pinsaguel,
Toulouse, France.’’ and ‘‘Toulouse Air
Spares SAS, 8 Rue de la Bruyere, 31120
Pinsaguel, Toulouse, France.’’;
■ c. By removing under Russia, the
Russian entity: ‘‘Bolshaya
■
Semenovskaya, 40/505, Moscow, Russia
107023; and Ulitsa Metallurgov, 29, Str.
1, Komnata Pravleni, Moscow, Russia
111401.’’; and
■ d. By removing under United Arab
Emirates, the two Emirati entities:
‘‘Abubakr Abuelazm, Dubai, U.A.E.,
500100.’’ and ‘‘Advanced Technology
General Trading Company, a.k.a,
Advanced Technologies Emirates FZ–
LLC, Office #124 1st Floor, Building #3,
Dell Building, Sheikh Zayed Road,
Dubai Internet City, Dubai, U.A.E.’’
The addition reads as follows:
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
Country
Entity
*
FINLAND
*
*
License requirement
*
*
Olkebor Oy/Nurminen Oy,
231B Vanha Porvoontie,
Vantaa, Finland 01380.
*
*
[FR Doc. 2013–00767 Filed 1–15–13; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 121220730–2730–01]
RIN 0694–AF84
Amendments to Existing Validated End
User Authorizations: Advanced Micro
Devices China, Inc., Lam Research
Corporation, SK hynix Semiconductor
(China) Ltd., and SK hynix
Semiconductor (Wuxi) Ltd. in the
People’s Republic of China;
Clarification of Scope of Entries in
Supplement
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to revise the existing
Authorization Validated End-User
(VEU) listings for four VEUs in the
People’s Republic of China (PRC).
Specifically, BIS amends Supplement
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SUMMARY:
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For all items subject to the
EAR. (See § 744.11 of the
EAR).
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Dated: January 10, 2013.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
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License review policy
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Presumption of denial ........... 77 FR 61256, 10/9/2012. 78
FR [INSERT FR PAGE
NUMBER] 1/16/13.
No. 7 to part 748 of the EAR to update
VEU Advanced Micro Devices China
Inc.’s (AMD China) current list of
eligible destinations. BIS also amends
the authorization of VEU Lam Research
Corporation (Lam) by updating the
addresses of ten eligible destinations
and reformatting the list of Lam’s
existing eligible destinations into groups
associated with specific eligible items.
BIS also updates the EAR to amend the
addresses and lists of eligible items for
VEUs SK hynix Semiconductor (China)
Ltd. and SK hynix Semiconductor
(Wuxi) Ltd. Finally, BIS amends
Supplement No. 7 to part 748 of the
EAR to include language reminding
exporters that the language in the
Supplement does not supersede other
requirements in the EAR.
These amendments to the
authorizations of the named VEUs are
not the result of activities of concern.
The respective changes were prompted
by factors arising from the companies’
normal course of business or are being
done at the request of the companies.
DATES: This rule is effective January 16,
2013.
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chair, End-User
Review Committee, Bureau of Industry
and Security, U.S. Department of
Commerce, 14th Street & Pennsylvania
Avenue NW., Washington, DC 20230; by
telephone: (202) 482–5991, fax: (202)
482–3991, or email: ERC@bis.doc.gov.
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SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
Validated end-users (VEUs) are
designated entities located in eligible
destinations to which eligible items may
be exported, reexported, or transferred
(in-country) under a general
authorization instead of a license. The
names of the VEUs, as well as the date
they were so designated, and their
respective eligible destinations and
items are identified in Supplement No.
7 to part 748 of the EAR. Under the
terms described in that supplement,
VEUs may obtain eligible items without
an export license from BIS. Eligible
items may include commodities,
software, and technology, except those
controlled for missile technology or
crime control reasons.
VEUs are reviewed and approved by
the U.S. Government in accordance with
the provisions of Section 748.15 and
Supplement Nos. 8 and 9 to part 748 of
the EAR. The End-User Review
Committee (ERC), composed of
representatives from the Departments of
State, Defense, Energy and Commerce,
and other agencies, as appropriate, is
responsible for administering the VEU
program. BIS amended the EAR in a
final rule on June 19, 2007 (72 FR
33646) to create Authorization VEU.
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Amendment to Existing Validated EndUser Authorizations in the PRC
Revisions to the List of Eligible
Destinations for Advanced Micro
Devices China, Inc.
In this rule, BIS amends Supplement
No. 7 to part 748 of the EAR to update
two eligible destinations for Advanced
Micro Devices China, Inc.’s (AMD
China). Specifically, BIS updates the
address of Advanced Micro Devices
(Shanghai) Co., Ltd. by adding the
country name to the address, and the
address of AMD Technology
Development (Beijing) Co., Ltd. by
removing the floor designation in the
address.
Names and Former Addresses of
Facilities
AMD Technologies (China) Co., Ltd.,
No. 88, Su Tong Road, Suzhou, China
215021.
Advanced Micro Devices (Shanghai)
Co., Ltd., Buildings 46, 47, 48 & 49,
River Front Harbor, Zhangjiang HiTech Park 1387 Zhangdong Rd.,
Pudong, Shanghai, 201203.
AMD Technology Development (Beijing)
Co., Ltd., 18F, North and South
Buildings, RaycomInfotech Park
Tower C, No. 2 Science Institute
South Rd., Zhong Guan Cun, Haidian
District, Beijing, China 100190.
Names and Current Addresses of
Facilities
AMD Technologies (China) Co., Ltd.,
No. 88, Su Tong Road, Suzhou, China
215021.
Advanced Micro Devices (Shanghai)
Co., Ltd., Buildings 46, 47, 48 & 49,
River Front Harbor, Zhangjiang HiTech Park, 1387 Zhangdong Rd.,
Pudong, Shanghai, China 201203.
AMD Technology Development (Beijing)
Co., Ltd., North and South Buildings,
RaycomInfotech Park Tower C, No. 2
Science Institute South Rd., Zhong
Guan Cun, Haidian District, Beijing,
China 100190.
In addition, BIS adds a new eligible
destination, AMD Products (China) Co.
Ltd., to AMD’s current list of eligible
destinations in the PRC, as follows:
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Additional Eligible Destination
AMD Products (China) Co. Ltd., North
and South Buildings, RaycomInfotech
Park Tower C, No. 2 Science Institute
South Rd., Zhong Guan Cun, Haidian
District, Beijing, China 100190.
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Revisions to the List of Eligible
Destinations and the List of Eligible
Items (by ECCN) for Lam Research
Corporation
In this rule, BIS amends Supplement
No. 7 to part 748 to revise the eligible
destinations and eligible items
authorized for VEU Lam Research
Corporation (Lam). Specifically, BIS
updates the addresses of ten of Lam’s
existing eligible destinations and
reformats Lam’s existing eligible
destinations into two groups, each with
distinct lists of eligible items. The
specific changes to Lam’s authorization
are as follows:
Names and Former Addresses of
Facilities
Lam Research (Shanghai) Service Co.,
1st Floor, Area C, Hua Hong Science
& Technology Park, 177 Bi Bo Road,
Zhangjiang Hi-Tech Park, Pudong,
Shanghai, China 201203.
Lam Research Shanghai Co., Ltd., No. 1
Jilong Rd., Room 424–2, Waigaoqiao
Free Trade Zone, Shanghai, China
200131.
Lam Research International Sarl (Lam
Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd.,
No. 3869, Longdong Avenue, Pudong
New District, Shanghai, China
201203.
Lam Research International Sarl (Lam
Shanghai Warehouse; WGQ Bonded
Warehouse), c/o HMG Supply Chain
(Shanghai) Co., Ltd., No. 3869,
Longdong Avenue, Pudong New
District, Shanghai, China 200131.
Lam Research Service Co., Ltd. (Beijing
Branch), Rm 1010, Zhaolin Building,
No. 15 Rong Hua Zhong Road, BDA,
Beijing, China 100176.
Lam Research International Sarl (Lam
Beijing Warehouse), Beijing Lam
Electronics Tech Center, No. 8
Building, No.1, Disheng North Street,
BDA, Beijing, China 100176.
Lam Research Service Co., Ltd., Wuxi
Representative Office, Singapore
International Park, 6 #302, No. 89
Xing Chuang, 4 Road, New District,
Wuxi, Jiangsu, China 214028.
Lam Research International Sarl (Wuxi
EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., F1,
Area 4, No. 1, Plot J3, No. 5 Gaolang
East Road, Export Processing Zone,
Wuxi, China 214028.
Lam Research Service Co., Ltd., Wuhan
Representative Office, No. 1
Guanshan Road, Donghu
Development Zone, Room E4–302,
Optical Valley Software Park, Wuhan,
Hubei, China 430074.
Lam Research Semiconductor (Suzhou)
Co., Ltd. (Suzhou), A Division of Lam
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Research International Sarl, A–2
Building, Export Processing Zone,
Suzhou New District, Jiangsu
Province, China 215151.
Lam Research International Sarl (Lam
Beijing Warehouse), Building 3, No. 9
Ke Chuang Er Street, Beijing
Economic Technology Development
Zone, Beijing, China 100176.
Lam Research International Sarl (Wuhan
TSS), c/o HMG Wuhan Logistic Co.,
Ltd., 1st—2nd Floor, No. 5 Building,
Hua Shi Yuan Er Road, Optical Valley
Industry Park, East-lake Hi-Tech
Development Zone, Wuhan City,
Hubei Province, China 430223.
Names and Current Addresses of
Facilities
Lam Research Service Co., Ltd., 1st
Floor, Area C, Hua Hong Science &
Technology Park, 177 Bi Bo Road,
Zhangjiang Hi-Tech Park, Pudong,
Shanghai, China 201203.
Lam Research (Shanghai) Co., Ltd., No.
1 Jilong Rd., Room 424–2, Waigaoqiao
Free Trade Zone, Shanghai, China
200131.
Lam Research Service Co., Ltd. (Beijing
Branch), Rm 1010, Zhaolin Building,
No. 15 Rong Hua Zhong Road, Beijing
Economic & Technological
Development Area, Beijing, China
100176.
Lam Research International Sarl (Lam
Beijing Warehouse), c/o Beijing Lam
Electronics Tech Center, No. 8
Building, No. 1, Disheng North Street,
Beijing Economic & Technological
Development Area, Beijing, China
100176.
Lam Research Service Co., Ltd., Wuxi
Representative Office, Room 302,
Building 6, Singapore International
Park, No. 89 Xing Chuang Si Road,
Wuxi New District, Wuxi, Jiangsu,
China 214028.
Lam Research International Sarl (Wuxi
EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., 1st Fl,
Area 4, No. 1, Plot J3, No. 5 Gaolang
East Road, Export Processing Zone,
Wuxi, China 214028.
Lam Research Service Co., Ltd., Wuhan
Representative Office, Room 302,
Guanggu Software Park Building E4,
No. 1 Guanshan Road, Donghu
Development Zone, Wuhan, Hubei
Province, China 430074.
Lam Research International Sarl (Lam
Beijing Warehouse), c/o HMG Hi-tech
Logistics (Beijing) Co., Ltd., Building
3, No. 9 Ke Chuang Er Street, Beijing
Economic Technological
Development Area, Beijing, China
100176.
Lam Research International Sarl (Wuhan
TSS), c/o HMG Wuhan Logistic Co.,
Ltd., 1st—2nd Floor, Area B, No. 5
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Building, Hua Shi Yuan Er Road, Eastlake Hi-Tech Development Zone,
Wuhan, Hubei Province, China
430223.
Lam Research International Sarl (Lam
Shanghai Warehouse; WGQ Bonded
Warehouse), c/o HMG Supply Chain
(Shanghai) Co., Ltd., No. 55, Fei la
Road, Waigaoqiao Free Trade Zone,
Pudong New Area, Shanghai, China
200131.
Lam Research International Sarl (Lam
Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd.,
No. 3869, Longdong Avenue, Pudong
New District, Shanghai, China
201203.
Lam Research Semiconductor (Suzhou)
Co., Ltd. (Suzhou), A Division of Lam
Research International Sarl, A–2
Building, Export Processing Zone,
Suzhou New District, Jiangsu
Province, China 215151.
Eligible Items (by ECCN) and Their
Eligible Destinations
The items identified by ECCN below
may be exported to the following
eligible destinations:
• Lam Research International Sarl
(Lam Shanghai Warehouse);
• Lam Research International Sarl
(Lam Shanghai Warehouse; WGQ
Bonded Warehouse);
• Lam Research International Sarl
(Lam Beijing Warehouse);
• Lam Research International Sarl
(Wuxi EPZ Bonded Warehouse);
• Lam Research International Sarl
(Lam Beijing Warehouse); and
• Lam Research International Sarl
(Wuhan TSS).
The items identified here may be
exported to the Lam facilities listed
immediately above: ECCNs 2B230,
2B350.c, 2B350.d, 2B350.g, 2B350.h,
2B350.i, 3B001.c and 3B001.e (items
classified under ECCNs 3B001.c and
3B001.e are limited to specially
designed components and accessories),
3D001 (limited to ‘‘software’’ (excluding
source code) specially designed for the
‘‘development’’ or ‘‘production’’ of
equipment controlled by ECCN 3B001),
3D002 (limited to ‘‘software’’ (excluding
source code) specially designed for the
‘‘use’’ of equipment controlled by ECCN
3B001), and 3E001 (limited to
‘‘technology’’ according to the General
Technology Note for the ‘‘development’’
of equipment controlled by ECCN
3B001).
The items identified by ECCN below
may be exported to the following
eligible destinations:
• Lam Research Service Co., Ltd.;
• Lam Research (Shanghai) Co., Ltd.;
• Lam Research Service Co., Ltd.
(Beijing Branch);
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• Lam Research Service Co., Ltd.
Wuxi Representative Office;
• Lam Research Service Co., Ltd.
Wuhan Representative Office; and
• Lam Research Semiconductor
(Suzhou) Co., Ltd. (Suzhou).
The items identified here may be
exported to the Lam facilities listed
immediately above: ECCNs 2B230,
2B350.c, 2B350.d, 2B350.g, 2B350.h,
2B350.i, 3B001.c and 3B001.e (items
classified under ECCNs 3B001.c and
3B001.e are limited to specially
designed components and accessories),
3D001 (limited to ‘‘software’’ (excluding
source code) specially designed for the
‘‘development’’ or ‘‘production’’ of
equipment controlled by ECCN 3B001),
3D002 (limited to ‘‘software’’ (excluding
source code) specially designed for the
‘‘use’’ of equipment controlled by ECCN
3B001), and 3E001 (limited to
‘‘technology’’ according to the General
Technology Note for the ‘‘development’’
or ‘‘production’’ (limited to those stages
that support integration, assembly
(mounting), inspection, testing, and
quality assurance) of equipment
controlled by ECCN 3B001).
Revisions to the List of Eligible
Destinations for SK hynix
Semiconductor (China) Ltd. and SK
hynix Semiconductor (Wuxi) Ltd.
In this rule, BIS also amends the EAR
to include the postcodes for the
addresses of VEUs SK hynix
Semiconductor (China) Ltd. and SK
hynix Semiconductor (Wuxi) Ltd.
(collectively, ‘‘SK hynix China’’). The
updated addresses are as follows:
Name and Current Address of SK hynix
Semiconductor (China) Ltd.
SK hynix Semiconductor (China) Ltd.,
Lot K7/K7–1, Export Processing Zone,
Wuxi, Jiangsu, China 214028.
Name and Current Address of SK hynix
Semiconductor (Wuxi) Ltd.
SK hynix Semiconductor (Wuxi) Ltd.,
Lot K7/K7–1, Export Processing Zone,
Wuxi, Jiangsu, China 214028.
BIS also removes ECCN 3B001.d from
the list of eligible items in Supplement
No. 7 to part 748 for SK hynix
Semiconductor (China) Ltd. and SK
hynix Semiconductor (Wuxi) Ltd. to
conform with changes to the Commerce
Control List (Supplement No. 1 to part
774 of the EAR) in ‘‘Wassenaar
Arrangement 2011 Plenary Agreements
Implementation: Commerce Control
List, Definitions, New Participating
State (Mexico) and Reports,’’ published
July 2, 2012 (77 FR 39354).
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Former List of Eligible Items for SK
hynix China
3B001.a, 3B001.b, 3B001.c, 3B001.d,
3B001.e, and 3B001.f.
Current List of Eligible Items for SK
hynix China
3B001.a, 3B001.b, 3B001.c, 3B001.e,
and 3B001.f.
The amendments to the VEU
authorizations for AMD China, Lam,
and SK hynix China, as approved by the
ERC, were prompted by factors arising
from the companies’ normal course of
business or were requested by the
companies. None of the amendments
were the result of activities of concern
by the companies.
Revision to Supplement No. 7 to Part
748 of the EAR Table
Finally, this rule amends Supplement
No. 7 to part 748 of the EAR to include
language reminding exporters that the
language in the Supplement does not
supersede requirements elsewhere in
the EAR. The new language reads as
follows: ‘‘Nothing in this Supplement
shall be deemed to contradict other
provisions in the EAR, including but not
limited to § 748.15(c).’’ This addition is
intended to remind exporters that items
controlled for missile technology and/or
crime control reasons are not eligible for
export, reexport or transfer (in-country)
under Authorization VEU.
Since August 21, 2001, the Export
Administration Act (the Act) has been
in lapse and the President, through
Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783
(2002)), as extended most recently by
the Notice of August 15, 2012, 77 FR
49699 (August 16, 2012), has continued
the EAR in effect under the
International Emergency Economic
Powers Act. BIS continues to carry out
the provisions of the Act, as appropriate
and to the extent permitted by law,
pursuant to Executive Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. This rule has been
determined to be not significant for
purposes of Executive Order 12866.
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2. This rule involves collections
previously approved by the Office of
Management and Budget (OMB) under
Control Number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a
burden hour estimate of 43.8 minutes to
prepare and submit form BIS–748; and
for recordkeeping, reporting and review
requirements in connection with
Authorization VEU, which carries an
estimated burden of 30 minutes per
submission. This rule is expected to
result in a decrease in license
applications submitted to BIS. Total
burden hours associated with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) (PRA) and OMB
Control Number 0694–0088 are not
expected to increase significantly as a
result of this rule.
Notwithstanding any other provisions
of law, no person is required to respond
nor be subject to a penalty for failure to
comply with a collection of information,
subject to the requirements of the PRA,
unless that collection of information
displays a currently valid OMB Control
Number.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. Pursuant to the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), BIS finds good cause to waive
requirements that this rule be subject to
notice and the opportunity for public
comment because such notice and
comment here are unnecessary and
contrary to the public interest. In
determining whether to grant VEU
designations, a committee of U.S.
Government agencies evaluates
information about and commitments
made by candidate companies, the
nature and terms of which are set forth
in 15 CFR part 748, Supplement No. 8.
The criteria for evaluation by the
committee are set forth in 15 CFR
748.15(a)(2).
The information, commitments, and
criteria for this extensive review were
all established through the notice of
proposed rulemaking and public
comment process (71 FR 38313 (July 6,
2006) (proposed rule), and 72 FR 33646
(June 19, 2007) (final rule)). Given the
similarities between the authorizations
provided under the VEU program and
export licenses (as discussed further
below), the publication of this
information does not establish new
policy. In publishing this final rule, BIS
simply amends four VEU authorizations
by updating the eligible destinations of
the four end-users and revising the
eligible items of one of the four endusers. Additionally, BIS is adding
language reminding exporters that the
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language in Supplement No. 7 to part
748 does not supersede requirements
elsewhere in the EAR. These changes
have been made within the established
regulatory framework of the
Authorization VEU program. Further,
this rule does not abridge the rights of
the public or eliminate the public’s
option to export under any of the forms
of authorization set forth in the EAR.
Publication of this rule in other than
final form is unnecessary because the
authorizations granted in the rule are
consistent with the authorizations
granted to exporters for individual
licenses (and amendments or revisions
thereof), which do not undergo public
review. In addition, as with license
applications, VEU authorization
applications contain confidential
business information, which is
necessary for the extensive review
conducted by the U.S. Government in
assessing such applications. Under the
Export Administration Act, such
information is withheld from public
disclosure unless determined to be in
the national interest. This information is
extensively reviewed according to the
criteria for VEU authorizations, as set
out in 15 CFR 748.15(a)(2).
Additionally, just as the interagency
reviews license applications, the
authorizations granted under the VEU
program involve interagency
deliberation and result from review of
public and non-public sources,
including licensing data, and the
measurement of such information
against the VEU authorization criteria.
Given the nature of the review, and in
light of the parallels between the VEU
application review process and the
review of license applications, public
comment on this authorization and
subsequent amendments prior to
publication is unnecessary. Moreover,
because, as noted above, the criteria and
process for authorizing and
administering VEUs were developed
with public comments, allowing
additional public comment on this
amendment to individual VEU
authorizations, which was determined
according to those criteria, is
unnecessary. Finally, allowing for prior
public notice and comment is contrary
to the public interest because it could
cause confusion with the VEU status of
the four companies identified in this
rule due to the changes made to their
addresses and items that may be
exported, reexported or transferred (incountry) without a license to one of
those companies. Regarding the
addition of language to Supplement No.
7 to part 748 of the EAR, allowing for
public comment and notice is
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unnecessary because the new language
clarifies existing requirements; it does
not create new requirements.
Section 553(d) of the APA generally
provides that rules may not take effect
earlier than thirty (30) days after they
are published in the Federal Register.
BIS finds good cause to waive the
requirement of 5 U.S.C. 553(d)(3) to
delay the effectiveness of this
regulation, because such a delay is
unnecessary. BIS is simply amending
four VEU authorizations by updating the
‘‘Eligible Destinations’’ of the four endusers and revising the ‘‘Eligible Items
(by ECCN)’’ of one of the four end-users,
in addition to adding language
reminding exporters that the language in
the Supplement No. 7 to part 748 does
not supersede requirements elsewhere
in the EAR. These changes have been
made within the established regulatory
framework of the Authorization VEU
program. Further, this rule does not
abridge the rights of the public or
eliminate the public’s option to export
under any of the forms of authorization
set forth in the EAR. Delaying this
action’s effectiveness could cause
confusion with the VEU status of the
companies identified in this rule due to
the changes made to their addresses and
items that may be exported, reexported
or transferred (in-country) without a
license. Regarding the addition of
language to Supplement No. 7 to part
748, delaying this action’s effectiveness
is unnecessary because the new
language clarifies existing requirements;
it does not create new requirements.
Accordingly, it would be unnecessary
and contrary to the public interest to
delay this rule’s effectiveness.
No other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required under the APA or by any other
law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable and no
regulatory flexibility analysis has been
prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 748 of the EAR (15
CFR parts 730–774) is amended as
follows:
PART 748—[AMENDED]
1. The authority citation for 15 CFR
part 748 continues to read as follows:
■
E:\FR\FM\16JAR1.SGM
16JAR1
Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 15, 2012, 77 FR 49699 (August 16,
2012).
2. Supplement No. 7 to Part 748 is
amended:
■ a. By adding a sentence below the first
row of column headings; and
■ b. By revising the entries for
‘‘Advanced Micro Devices China, Inc.,’’
■
3323
‘‘Lam Research Corporation,’’ ‘‘SK hynix
Semiconductor (China) Ltd.,’’ and ‘‘SK
hynix Semiconductor (Wuxi) Ltd.’’ in
‘‘China (People’s Republic of)’’ as
follows:
SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU); LIST OF VALIDATED END-USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS
Validated end
user
Country
Eligible items
(by ECCN)
Federal Register
citation
Eligible destination
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).
China (People’s
Republic of).
srobinson on DSK4SPTVN1PROD with
*
VerDate Mar<15>2010
Advanced Micro
Devices
China, Inc.
3D002, 3D003, 3E001 (limited to
‘‘technology’’ for items classified under 3C002 and 3C004
and ‘‘technology’’ for use during the International Technology Roadmap for Semiconductors (ITRS) process for
items classified under ECCNs
3B001 and 3B002), 3E002
(limited to ‘‘technology’’ for use
during the ITRS process for
items classified under ECCNs
3B001 and 3B002), 3E003.e
(limited to the ‘‘development’’
and ‘‘production’’ of integrated
circuits for commercial applications), 4D001, 4D002 and
4E001 (limited to the ‘‘development’’ of products under
ECCN 4A003).
AMD Technologies (China) Co.,
Ltd., No. 88, Su Tong Road,
Suzhou, China 215021.
Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47,
48 & 49, River Front Harbor,
Zhangjiang Hi-Tech Park, 1387
Zhangdong
Rd.,
Pudong,
Shanghai, China 201203
AMD Technology Development
(Beijing) Co., Ltd., North and
South
Buildings,
RaycomInfotech, Park Tower
C, No. 2 Science Institute
South Rd., Zhong Guan Cun,
Haidian District, Beijing, China
100190.
AMD Products (China) Co. Ltd.,
North and South Buildings,
RaycomInfotech Park, Tower
C, No. 2 Science Institute
South Rd., Zhong Guan Cun,
Haidian District, Beijing, China
100190.
75 FR 25763, 5/10/10.
76 FR 2802, 1/18/11.
78 FR [INSERT FR PAGE NUMBER] 1/16/13.
*
Lam Research
Corporation.
*
*
These Items Authorized for those
Lam’s Destinations Identified
by a single asterisk (*): 2B230,
2B350.c, 2B350.d, 2B350.g,
2B350.h, 2B350.i, 3B001.c and
3B001.e (items classified under
ECCNs 3B001.c and 3B001.e
are limited to specially designed components and accessories), 3D001 (limited to
‘‘software’’ (excluding source
code) specially designed for
the ‘‘development’’ or ‘‘production’’ of equipment controlled
by ECCN 3B001), 3D002 (limited to ‘‘software’’ (excluding
source code) specially designed for the ‘‘use’’ of equipment controlled by ECCN
3B001), and 3E001 (limited to
‘‘technology’’ according to the
General Technology Note for
the ‘‘development’’ of equipment controlled by ECCN
3B001).
*
* Lam Research International Sarl
(Lam Shanghai Warehouse), c/
o HMG Supply Chain (Shanghai) Co., Ltd., No. 3869,
Longdong Avenue, Pudong
New District, Shanghai, China
201203.
* Lam Research International Sarl
(Lam Shanghai Warehouse;
WGQ Bonded Warehouse), c/o
HMG Supply Chain (Shanghai)
Co., Ltd., No. 55, Fei la Road,
Waigaoqiao Free Trade Zone,
Pudong New Area, Shanghai,
China 200131.
* Lam Research International Sarl
(Lam Beijing Warehouse), c/o
Beijing Lam Electronics Tech
Center, No. 8 Building No. 1,
Disheng North Street, Beijing
Economic & Technological Development Area, Beijing, China
100176.
* Lam Research International Sarl
(Wuxi EPZ Bonded Warehouse), c/o HMG WHL Logistic
(Wuxi) Co., Ltd., 1st Fl, Area 4,
No. 1, Plot J3, No. 5 Gaolang
East Road, Export Processing
Zone, Wuxi, China 214028.
*
*
75 FR 62462, 10/12/10.
77 FR 10955, 2/24/12.
78 FR [INSERT FR PAGE NUMBER] 1/16/13.
17:12 Jan 15, 2013
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E:\FR\FM\16JAR1.SGM
16JAR1
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Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations
SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU); LIST OF VALIDATED END-USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS—Continued
Country
Validated end
user
Eligible items
(by ECCN)
These Items Authorized for those
Lam’s Destinations Identified
by two asterisks (**): 2B230,
2B350.c, 2B350.d, 2B350.g,
2B350.h, 2B350.i, 3B001.c and
3B001.e (items classified under
ECCNs 3B001.c and 3B001.e
are limited to specially designed components and accessories), 3D001 (limited to
‘‘software’’ (excluding source
code) specially designed for
the ‘‘development’’ or ‘‘production’’ of equipment controlled
by ECCN 3B001), 3D002 (limited to ‘‘software’’ (excluding
source code) specially designed for the ‘‘use’’ of equipment controlled by ECCN
3B001), and 3E001 (limited to
‘‘technology’’ according to the
General Technology Note for
the ‘‘development’’ or ‘‘production’’ (limited to those stages
that support integration, assembly (mounting), inspection,
testing, and quality assurance)
of equipment controlled by
ECCN 3B001).
srobinson on DSK4SPTVN1PROD with
*
VerDate Mar<15>2010
*
SK hynix Semiconductor
(China) Ltd.
*
*
3B001.a,
3B001.b,
3B001.c,
3B001.e, and 3B001.f.
SK hynix Semiconductor
(Wuxi) Ltd.
*
3B001.a,
3B001.b,
3B001.c,
3B001.e, and 3B001.f.
*
17:12 Jan 15, 2013
*
Jkt 229001
PO 00000
* Lam Research International Sarl
(Lam Beijing Warehouse), c/o
HMG Hi-tech Logistics (Beijing)
Co., Ltd., Building 3, No. 9 Ke
Chuang Er Street, Beijing Economic Technological Development Area, Beijing, China
100176.
* Lam Research International Sarl
(Wuhan TSS), c/o HMG
Wuhan Logistic Co., Ltd., 1st–
2nd Floor, Area B, No. 5 Building, Hua Shi Yuan Er Road,
East-lake Hi-Tech Development Zone, Wuhan, Hubei
Province, China 430223.
** Lam Research Service Co.,
Ltd., 1st Floor, Area C, Hua
Hong Science & Technology
Park, 177 Bi Bo Road,
Zhangjiang
Hi-Tech
Park,
Pudong,
Shanghai,
China
201203..
** Lam Research (Shanghai) Co.,
Ltd., No. 1 Jilong Rd., Room
424–2, Waigaoqiao Free Trade
Zone,
Shanghai,
China
200131.
** Lam Research Service Co.,
Ltd. (Beijing Branch), Rm
1010, Zhaolin Building, No. 15
Rong Hua Zhong Road, Beijing
Economic & Technological Development Area, Beijing, China
100176.
** Lam Research Service Co.,
Ltd., Wuxi Representative Office, Room 302, Building 6,
Singapore International Park,
No. 89 Xing Chuang Si Road,
Wuxi New District, Wuxi,
Jiangsu, China 214028.
** Lam Research Service Co.,
Ltd., Wuhan Representative
Office, Room 302, Guanggu
Software Park Building E4, No.
1 Guanshan Road, Donghu
Development Zone, Wuhan,
Hubei Province, China 430074.
** Lam Research Semiconductor
(Suzhou) Co., Ltd. (Suzhou), A
Division of Lam Research
International Sarl, A–2 Building, Export Processing Zone,
Suzhou New District, Jiangsu
Province, China 215151.
*
SK hynix Semiconductor (China)
Ltd., Lot K7/K7–1, Export Processing Zone, Wuxi, Jiangsu,
China 214028.
SK hynix Semiconductor (Wuxi)
Ltd., Lot K7/K7–1, Export Processing Zone, Wuxi, Jiangsu,
China 214028.
*
Frm 00014
Federal Register
citation
Eligible destination
Fmt 4700
*
*
75 FR 62462, 10/12/10.
77 FR 40258, 7/9/12.
78 FR [INSERT FR PAGE NUMBER] 1/16/13.
75 FR 62462, 10/12/10.
77 FR 40258, 7/9/12.
78 FR [INSERT FR PAGE NUMBER] 1/16/13.
*
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*
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*
Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations
Dated: January 10, 2013.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
‘‘§ 301.7216–2(o) was made effective
only’’, is corrected to read ‘‘§ 301.7216–
2T(o) was made effective only’’.
3. On page 76403, column 3, in the
preamble, under the paragraph heading
‘‘4. Effective Date of TD 9478, line 4
from the top of the column, the language
‘‘provided for Notice 2009–13 nor
those’’, is corrected to read, ‘‘provided
for in Notice 2009–13 nor those’’.
4. On page 76403, column 3, in the
preamble, under the paragraph heading
‘‘4. Effective Date of TD 9478, line 10
from the top of the column, the language
‘‘if § 301.7216–2(o) had not been, is
corrected to read, ‘‘if § 301.7216–2T(o)
had not been’’.
[FR Doc. 2013–00770 Filed 1–15–13; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9608]
RIN 1545–BI85
Disclosure or Use of Information by
Preparers of Returns; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations
and removal of temporary regulations.
AGENCY:
This document corrects the
final regulations and removal of
temporary regulations (TD 9608) that
were published in the Federal Register
on Friday, December 28, 2012 (77 FR
76400) relating to the disclosure or use
of tax return information by tax return
preparers.
DATES: These corrections are effective
on January 16, 2013, and are applicable
on December 28, 2012.
FOR FURTHER INFORMATION CONTACT:
Emily Lesniak, (202) 622–4910 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Correction of Publication
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2013–00748 Filed 1–15–13; 8:45 am]
The final regulations and removal of
temporary regulations (TD 9608) that are
the subject of this correction are under
section 7216 of the Internal Revenue
Code.
Need for Correction
As published, TD 9608 contains errors
that may prove to be misleading and are
in need of clarification.
srobinson on DSK4SPTVN1PROD with
Correction of Publication
Accordingly, the publication of the
correction to final regulations and
removal of temporary regulations (TD
9608), which was the subject of FR. Doc.
2012–31185, is corrected as follows:
1. On page 76403, column 2, in the
preamble, under the paragraph heading
‘‘4. Effective Date of TD 9478’’, third
line, the language ‘‘2(o) of the temporary
regulations’’, is corrected to read, ‘‘2T(o)
of the temporary regulations’’.
2. On page 76403, column 2, in the
preamble, under the paragraph heading
‘‘4. Effective Date of TD 9478, last line
of the column, the language
17:12 Jan 15, 2013
Jkt 229001
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, Procedure and Administration.
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
BILLING CODE 4830–01–P
Office of the Secretary
DEPARTMENT OF THE TREASURY
32 CFR Part 18
Internal Revenue Service
26 CFR Part 1
Appointing Authority for Military
Commissions
[TD 9607]
AGENCY:
RIN 1545–BJ37
ACTION:
Partners Distributive Share; Correction
SUMMARY:
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
AGENCY:
This document corrects final
regulations (TD 9607) that was
published in the Federal Register on
Friday, December 28, 2012 (77 FR
76380) regarding the application of the
substantiality de minimis rule. In the
interest of sound tax administration,
this rule is being made inapplicable.
These final regulations affect
partnerships and their partners.
DATES: This correction is effective on
January 16, 2013 and is applicable on
December 28, 2012.
FOR FURTHER INFORMATION CONTACT:
Rebecca Kahane (202) 622–3050 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Accordingly, the publication of the
correction to final regulations (TD
9607), which was the subject of FR. Doc.
2012–31155, is corrected as follows:
1. On page 76380, column 1, in the
preamble, under the caption FOR
FURTHER INFORMATION CONTACT, first line,
the language ‘‘Rebecca Kahanel, at (202)
622–3050 (not’’, is corrected to read
‘‘Rebecca Kahane, at (202) 622–3050
(not’’.
[FR Doc. 2013–00749 Filed 1–15–13; 8:45 am]
SUMMARY:
VerDate Mar<15>2010
3325
Department of Defense.
Final rule.
This final rule removes 32
CFR part 18 concerning the Appointing
Authority for Military Commissions.
This rule pertains to a military function
of the United States and is exempt from
rulemaking requirements. Previously,
this rule was published for
informational purposes only. As a result
of the enactment of Military
Commissions Act of 2009, the Deputy
Secretary’s issuance of the Regulation
for Trial by Military Commissions on
November 6, 2011, and his cancellation
of DoD Directive 5105.70, ‘‘Appointing
Authority for Military Commissions,’’
this regulation is no longer required.
Effective Date: This rule is
effective January 16, 2013.
DATES:
FOR FURTHER INFORMATION CONTACT:
Patricia Toppings, 571–372–0485.
Background
The notice of final regulations (TD
9607) that is the subject of this
correction is under section 704 of the
Internal Revenue Code.
For
additional information on Military
Commissions, see Military Commissions
Act of 2009.
List of Subjects in 32 CFR Part 18
SUPPLEMENTARY INFORMATION:
Military law.
Need for Correction
PART 18—[REMOVED]
As published, TD 9607 contains an
error that may prove to be misleading
and is in need of clarification.
■
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Fmt 4700
Sfmt 4700
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 18 is removed.
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]]>Agencies
[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Rules and Regulations]
[Pages 3319-3325]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00770]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 121220730-2730-01]
RIN 0694-AF84
Amendments to Existing Validated End User Authorizations:
Advanced Micro Devices China, Inc., Lam Research Corporation, SK hynix
Semiconductor (China) Ltd., and SK hynix Semiconductor (Wuxi) Ltd. in
the People's Republic of China; Clarification of Scope of Entries in
Supplement
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to revise the existing
Authorization Validated End-User (VEU) listings for four VEUs in the
People's Republic of China (PRC). Specifically, BIS amends Supplement
No. 7 to part 748 of the EAR to update VEU Advanced Micro Devices China
Inc.'s (AMD China) current list of eligible destinations. BIS also
amends the authorization of VEU Lam Research Corporation (Lam) by
updating the addresses of ten eligible destinations and reformatting
the list of Lam's existing eligible destinations into groups associated
with specific eligible items. BIS also updates the EAR to amend the
addresses and lists of eligible items for VEUs SK hynix Semiconductor
(China) Ltd. and SK hynix Semiconductor (Wuxi) Ltd. Finally, BIS amends
Supplement No. 7 to part 748 of the EAR to include language reminding
exporters that the language in the Supplement does not supersede other
requirements in the EAR.
These amendments to the authorizations of the named VEUs are not
the result of activities of concern. The respective changes were
prompted by factors arising from the companies' normal course of
business or are being done at the request of the companies.
DATES: This rule is effective January 16, 2013.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street & Pennsylvania Avenue NW., Washington, DC 20230;
by telephone: (202) 482-5991, fax: (202) 482-3991, or email:
ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
Validated end-users (VEUs) are designated entities located in
eligible destinations to which eligible items may be exported,
reexported, or transferred (in-country) under a general authorization
instead of a license. The names of the VEUs, as well as the date they
were so designated, and their respective eligible destinations and
items are identified in Supplement No. 7 to part 748 of the EAR. Under
the terms described in that supplement, VEUs may obtain eligible items
without an export license from BIS. Eligible items may include
commodities, software, and technology, except those controlled for
missile technology or crime control reasons.
VEUs are reviewed and approved by the U.S. Government in accordance
with the provisions of Section 748.15 and Supplement Nos. 8 and 9 to
part 748 of the EAR. The End-User Review Committee (ERC), composed of
representatives from the Departments of State, Defense, Energy and
Commerce, and other agencies, as appropriate, is responsible for
administering the VEU program. BIS amended the EAR in a final rule on
June 19, 2007 (72 FR 33646) to create Authorization VEU.
[[Page 3320]]
Amendment to Existing Validated End-User Authorizations in the PRC
Revisions to the List of Eligible Destinations for Advanced Micro
Devices China, Inc.
In this rule, BIS amends Supplement No. 7 to part 748 of the EAR to
update two eligible destinations for Advanced Micro Devices China,
Inc.'s (AMD China). Specifically, BIS updates the address of Advanced
Micro Devices (Shanghai) Co., Ltd. by adding the country name to the
address, and the address of AMD Technology Development (Beijing) Co.,
Ltd. by removing the floor designation in the address.
Names and Former Addresses of Facilities
AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou, China
215021.
Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47, 48 & 49,
River Front Harbor, Zhangjiang Hi-Tech Park 1387 Zhangdong Rd., Pudong,
Shanghai, 201203.
AMD Technology Development (Beijing) Co., Ltd., 18F, North and South
Buildings, RaycomInfotech Park Tower C, No. 2 Science Institute South
Rd., Zhong Guan Cun, Haidian District, Beijing, China 100190.
Names and Current Addresses of Facilities
AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou, China
215021.
Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47, 48 & 49,
River Front Harbor, Zhangjiang Hi-Tech Park, 1387 Zhangdong Rd.,
Pudong, Shanghai, China 201203.
AMD Technology Development (Beijing) Co., Ltd., North and South
Buildings, RaycomInfotech Park Tower C, No. 2 Science Institute South
Rd., Zhong Guan Cun, Haidian District, Beijing, China 100190.
In addition, BIS adds a new eligible destination, AMD Products
(China) Co. Ltd., to AMD's current list of eligible destinations in the
PRC, as follows:
Additional Eligible Destination
AMD Products (China) Co. Ltd., North and South Buildings,
RaycomInfotech Park Tower C, No. 2 Science Institute South Rd., Zhong
Guan Cun, Haidian District, Beijing, China 100190.
Revisions to the List of Eligible Destinations and the List of Eligible
Items (by ECCN) for Lam Research Corporation
In this rule, BIS amends Supplement No. 7 to part 748 to revise the
eligible destinations and eligible items authorized for VEU Lam
Research Corporation (Lam). Specifically, BIS updates the addresses of
ten of Lam's existing eligible destinations and reformats Lam's
existing eligible destinations into two groups, each with distinct
lists of eligible items. The specific changes to Lam's authorization
are as follows:
Names and Former Addresses of Facilities
Lam Research (Shanghai) Service Co., 1st Floor, Area C, Hua Hong
Science & Technology Park, 177 Bi Bo Road, Zhangjiang Hi-Tech Park,
Pudong, Shanghai, China 201203.
Lam Research Shanghai Co., Ltd., No. 1 Jilong Rd., Room 424-2,
Waigaoqiao Free Trade Zone, Shanghai, China 200131.
Lam Research International Sarl (Lam Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd., No. 3869, Longdong Avenue, Pudong
New District, Shanghai, China 201203.
Lam Research International Sarl (Lam Shanghai Warehouse; WGQ Bonded
Warehouse), c/o HMG Supply Chain (Shanghai) Co., Ltd., No. 3869,
Longdong Avenue, Pudong New District, Shanghai, China 200131.
Lam Research Service Co., Ltd. (Beijing Branch), Rm 1010, Zhaolin
Building, No. 15 Rong Hua Zhong Road, BDA, Beijing, China 100176.
Lam Research International Sarl (Lam Beijing Warehouse), Beijing Lam
Electronics Tech Center, No. 8 Building, No.1, Disheng North Street,
BDA, Beijing, China 100176.
Lam Research Service Co., Ltd., Wuxi Representative Office, Singapore
International Park, 6 302, No. 89 Xing Chuang, 4 Road, New
District, Wuxi, Jiangsu, China 214028.
Lam Research International Sarl (Wuxi EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., F1, Area 4, No. 1, Plot J3, No. 5
Gaolang East Road, Export Processing Zone, Wuxi, China 214028.
Lam Research Service Co., Ltd., Wuhan Representative Office, No. 1
Guanshan Road, Donghu Development Zone, Room E4-302, Optical Valley
Software Park, Wuhan, Hubei, China 430074.
Lam Research Semiconductor (Suzhou) Co., Ltd. (Suzhou), A Division of
Lam Research International Sarl, A-2 Building, Export Processing Zone,
Suzhou New District, Jiangsu Province, China 215151.
Lam Research International Sarl (Lam Beijing Warehouse), Building 3,
No. 9 Ke Chuang Er Street, Beijing Economic Technology Development
Zone, Beijing, China 100176.
Lam Research International Sarl (Wuhan TSS), c/o HMG Wuhan Logistic
Co., Ltd., 1st--2nd Floor, No. 5 Building, Hua Shi Yuan Er Road,
Optical Valley Industry Park, East-lake Hi-Tech Development Zone, Wuhan
City, Hubei Province, China 430223.
Names and Current Addresses of Facilities
Lam Research Service Co., Ltd., 1st Floor, Area C, Hua Hong Science &
Technology Park, 177 Bi Bo Road, Zhangjiang Hi-Tech Park, Pudong,
Shanghai, China 201203.
Lam Research (Shanghai) Co., Ltd., No. 1 Jilong Rd., Room 424-2,
Waigaoqiao Free Trade Zone, Shanghai, China 200131.
Lam Research Service Co., Ltd. (Beijing Branch), Rm 1010, Zhaolin
Building, No. 15 Rong Hua Zhong Road, Beijing Economic & Technological
Development Area, Beijing, China 100176.
Lam Research International Sarl (Lam Beijing Warehouse), c/o Beijing
Lam Electronics Tech Center, No. 8 Building, No. 1, Disheng North
Street, Beijing Economic & Technological Development Area, Beijing,
China 100176.
Lam Research Service Co., Ltd., Wuxi Representative Office, Room 302,
Building 6, Singapore International Park, No. 89 Xing Chuang Si Road,
Wuxi New District, Wuxi, Jiangsu, China 214028.
Lam Research International Sarl (Wuxi EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., 1st Fl, Area 4, No. 1, Plot J3, No. 5
Gaolang East Road, Export Processing Zone, Wuxi, China 214028.
Lam Research Service Co., Ltd., Wuhan Representative Office, Room 302,
Guanggu Software Park Building E4, No. 1 Guanshan Road, Donghu
Development Zone, Wuhan, Hubei Province, China 430074.
Lam Research International Sarl (Lam Beijing Warehouse), c/o HMG Hi-
tech Logistics (Beijing) Co., Ltd., Building 3, No. 9 Ke Chuang Er
Street, Beijing Economic Technological Development Area, Beijing, China
100176.
Lam Research International Sarl (Wuhan TSS), c/o HMG Wuhan Logistic
Co., Ltd., 1st--2nd Floor, Area B, No. 5
[[Page 3321]]
Building, Hua Shi Yuan Er Road, East-lake Hi-Tech Development Zone,
Wuhan, Hubei Province, China 430223.
Lam Research International Sarl (Lam Shanghai Warehouse; WGQ Bonded
Warehouse), c/o HMG Supply Chain (Shanghai) Co., Ltd., No. 55, Fei la
Road, Waigaoqiao Free Trade Zone, Pudong New Area, Shanghai, China
200131.
Lam Research International Sarl (Lam Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd., No. 3869, Longdong Avenue, Pudong
New District, Shanghai, China 201203.
Lam Research Semiconductor (Suzhou) Co., Ltd. (Suzhou), A Division of
Lam Research International Sarl, A-2 Building, Export Processing Zone,
Suzhou New District, Jiangsu Province, China 215151.
Eligible Items (by ECCN) and Their Eligible Destinations
The items identified by ECCN below may be exported to the following
eligible destinations:
Lam Research International Sarl (Lam Shanghai Warehouse);
Lam Research International Sarl (Lam Shanghai Warehouse;
WGQ Bonded Warehouse);
Lam Research International Sarl (Lam Beijing Warehouse);
Lam Research International Sarl (Wuxi EPZ Bonded
Warehouse);
Lam Research International Sarl (Lam Beijing Warehouse);
and
Lam Research International Sarl (Wuhan TSS).
The items identified here may be exported to the Lam facilities
listed immediately above: ECCNs 2B230, 2B350.c, 2B350.d, 2B350.g,
2B350.h, 2B350.i, 3B001.c and 3B001.e (items classified under ECCNs
3B001.c and 3B001.e are limited to specially designed components and
accessories), 3D001 (limited to ``software'' (excluding source code)
specially designed for the ``development'' or ``production'' of
equipment controlled by ECCN 3B001), 3D002 (limited to ``software''
(excluding source code) specially designed for the ``use'' of equipment
controlled by ECCN 3B001), and 3E001 (limited to ``technology''
according to the General Technology Note for the ``development'' of
equipment controlled by ECCN 3B001).
The items identified by ECCN below may be exported to the following
eligible destinations:
Lam Research Service Co., Ltd.;
Lam Research (Shanghai) Co., Ltd.;
Lam Research Service Co., Ltd. (Beijing Branch);
Lam Research Service Co., Ltd. Wuxi Representative Office;
Lam Research Service Co., Ltd. Wuhan Representative
Office; and
Lam Research Semiconductor (Suzhou) Co., Ltd. (Suzhou).
The items identified here may be exported to the Lam facilities
listed immediately above: ECCNs 2B230, 2B350.c, 2B350.d, 2B350.g,
2B350.h, 2B350.i, 3B001.c and 3B001.e (items classified under ECCNs
3B001.c and 3B001.e are limited to specially designed components and
accessories), 3D001 (limited to ``software'' (excluding source code)
specially designed for the ``development'' or ``production'' of
equipment controlled by ECCN 3B001), 3D002 (limited to ``software''
(excluding source code) specially designed for the ``use'' of equipment
controlled by ECCN 3B001), and 3E001 (limited to ``technology''
according to the General Technology Note for the ``development'' or
``production'' (limited to those stages that support integration,
assembly (mounting), inspection, testing, and quality assurance) of
equipment controlled by ECCN 3B001).
Revisions to the List of Eligible Destinations for SK hynix
Semiconductor (China) Ltd. and SK hynix Semiconductor (Wuxi) Ltd.
In this rule, BIS also amends the EAR to include the postcodes for
the addresses of VEUs SK hynix Semiconductor (China) Ltd. and SK hynix
Semiconductor (Wuxi) Ltd. (collectively, ``SK hynix China''). The
updated addresses are as follows:
Name and Current Address of SK hynix Semiconductor (China) Ltd.
SK hynix Semiconductor (China) Ltd., Lot K7/K7-1, Export Processing
Zone, Wuxi, Jiangsu, China 214028.
Name and Current Address of SK hynix Semiconductor (Wuxi) Ltd.
SK hynix Semiconductor (Wuxi) Ltd., Lot K7/K7-1, Export Processing
Zone, Wuxi, Jiangsu, China 214028.
BIS also removes ECCN 3B001.d from the list of eligible items in
Supplement No. 7 to part 748 for SK hynix Semiconductor (China) Ltd.
and SK hynix Semiconductor (Wuxi) Ltd. to conform with changes to the
Commerce Control List (Supplement No. 1 to part 774 of the EAR) in
``Wassenaar Arrangement 2011 Plenary Agreements Implementation:
Commerce Control List, Definitions, New Participating State (Mexico)
and Reports,'' published July 2, 2012 (77 FR 39354).
Former List of Eligible Items for SK hynix China
3B001.a, 3B001.b, 3B001.c, 3B001.d, 3B001.e, and 3B001.f.
Current List of Eligible Items for SK hynix China
3B001.a, 3B001.b, 3B001.c, 3B001.e, and 3B001.f.
The amendments to the VEU authorizations for AMD China, Lam, and SK
hynix China, as approved by the ERC, were prompted by factors arising
from the companies' normal course of business or were requested by the
companies. None of the amendments were the result of activities of
concern by the companies.
Revision to Supplement No. 7 to Part 748 of the EAR Table
Finally, this rule amends Supplement No. 7 to part 748 of the EAR
to include language reminding exporters that the language in the
Supplement does not supersede requirements elsewhere in the EAR. The
new language reads as follows: ``Nothing in this Supplement shall be
deemed to contradict other provisions in the EAR, including but not
limited to Sec. 748.15(c).'' This addition is intended to remind
exporters that items controlled for missile technology and/or crime
control reasons are not eligible for export, reexport or transfer (in-
country) under Authorization VEU.
Since August 21, 2001, the Export Administration Act (the Act) has
been in lapse and the President, through Executive Order 13222 of
August 17, 2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most
recently by the Notice of August 15, 2012, 77 FR 49699 (August 16,
2012), has continued the EAR in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Act, as appropriate and to the extent permitted by
law, pursuant to Executive Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
[[Page 3322]]
2. This rule involves collections previously approved by the Office
of Management and Budget (OMB) under Control Number 0694-0088, ``Multi-
Purpose Application,'' which carries a burden hour estimate of 43.8
minutes to prepare and submit form BIS-748; and for recordkeeping,
reporting and review requirements in connection with Authorization VEU,
which carries an estimated burden of 30 minutes per submission. This
rule is expected to result in a decrease in license applications
submitted to BIS. Total burden hours associated with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA) and OMB Control
Number 0694-0088 are not expected to increase significantly as a result
of this rule.
Notwithstanding any other provisions of law, no person is required
to respond nor be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
Control Number.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), BIS finds good cause to waive requirements that this rule be
subject to notice and the opportunity for public comment because such
notice and comment here are unnecessary and contrary to the public
interest. In determining whether to grant VEU designations, a committee
of U.S. Government agencies evaluates information about and commitments
made by candidate companies, the nature and terms of which are set
forth in 15 CFR part 748, Supplement No. 8. The criteria for evaluation
by the committee are set forth in 15 CFR 748.15(a)(2).
The information, commitments, and criteria for this extensive
review were all established through the notice of proposed rulemaking
and public comment process (71 FR 38313 (July 6, 2006) (proposed rule),
and 72 FR 33646 (June 19, 2007) (final rule)). Given the similarities
between the authorizations provided under the VEU program and export
licenses (as discussed further below), the publication of this
information does not establish new policy. In publishing this final
rule, BIS simply amends four VEU authorizations by updating the
eligible destinations of the four end-users and revising the eligible
items of one of the four end-users. Additionally, BIS is adding
language reminding exporters that the language in Supplement No. 7 to
part 748 does not supersede requirements elsewhere in the EAR. These
changes have been made within the established regulatory framework of
the Authorization VEU program. Further, this rule does not abridge the
rights of the public or eliminate the public's option to export under
any of the forms of authorization set forth in the EAR.
Publication of this rule in other than final form is unnecessary
because the authorizations granted in the rule are consistent with the
authorizations granted to exporters for individual licenses (and
amendments or revisions thereof), which do not undergo public review.
In addition, as with license applications, VEU authorization
applications contain confidential business information, which is
necessary for the extensive review conducted by the U.S. Government in
assessing such applications. Under the Export Administration Act, such
information is withheld from public disclosure unless determined to be
in the national interest. This information is extensively reviewed
according to the criteria for VEU authorizations, as set out in 15 CFR
748.15(a)(2). Additionally, just as the interagency reviews license
applications, the authorizations granted under the VEU program involve
interagency deliberation and result from review of public and non-
public sources, including licensing data, and the measurement of such
information against the VEU authorization criteria. Given the nature of
the review, and in light of the parallels between the VEU application
review process and the review of license applications, public comment
on this authorization and subsequent amendments prior to publication is
unnecessary. Moreover, because, as noted above, the criteria and
process for authorizing and administering VEUs were developed with
public comments, allowing additional public comment on this amendment
to individual VEU authorizations, which was determined according to
those criteria, is unnecessary. Finally, allowing for prior public
notice and comment is contrary to the public interest because it could
cause confusion with the VEU status of the four companies identified in
this rule due to the changes made to their addresses and items that may
be exported, reexported or transferred (in-country) without a license
to one of those companies. Regarding the addition of language to
Supplement No. 7 to part 748 of the EAR, allowing for public comment
and notice is unnecessary because the new language clarifies existing
requirements; it does not create new requirements.
Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (30) days after they are published in
the Federal Register. BIS finds good cause to waive the requirement of
5 U.S.C. 553(d)(3) to delay the effectiveness of this regulation,
because such a delay is unnecessary. BIS is simply amending four VEU
authorizations by updating the ``Eligible Destinations'' of the four
end-users and revising the ``Eligible Items (by ECCN)'' of one of the
four end-users, in addition to adding language reminding exporters that
the language in the Supplement No. 7 to part 748 does not supersede
requirements elsewhere in the EAR. These changes have been made within
the established regulatory framework of the Authorization VEU program.
Further, this rule does not abridge the rights of the public or
eliminate the public's option to export under any of the forms of
authorization set forth in the EAR. Delaying this action's
effectiveness could cause confusion with the VEU status of the
companies identified in this rule due to the changes made to their
addresses and items that may be exported, reexported or transferred
(in-country) without a license. Regarding the addition of language to
Supplement No. 7 to part 748, delaying this action's effectiveness is
unnecessary because the new language clarifies existing requirements;
it does not create new requirements. Accordingly, it would be
unnecessary and contrary to the public interest to delay this rule's
effectiveness.
No other law requires that a notice of proposed rulemaking and an
opportunity for public comment be given for this final rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required under the APA or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable and no regulatory flexibility analysis has been
prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 748 of the EAR (15 CFR parts 730-774) is amended
as follows:
PART 748--[AMENDED]
0
1. The authority citation for 15 CFR part 748 continues to read as
follows:
[[Page 3323]]
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2012, 77
FR 49699 (August 16, 2012).
0
2. Supplement No. 7 to Part 748 is amended:
0
a. By adding a sentence below the first row of column headings; and
0
b. By revising the entries for ``Advanced Micro Devices China, Inc.,''
``Lam Research Corporation,'' ``SK hynix Semiconductor (China) Ltd.,''
and ``SK hynix Semiconductor (Wuxi) Ltd.'' in ``China (People's
Republic of)'' as follows:
Supplement No. 7 to Part 748--Authorization Validated End-User (VEU); List of Validated End-Users, Respective
Items Eligible for Export, Reexport and Transfer, and Eligible Destinations
----------------------------------------------------------------------------------------------------------------
Eligible items Eligible Federal Register
Country Validated end user (by ECCN) destination citation
----------------------------------------------------------------------------------------------------------------
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
to Sec. 748.15(c).
----------------------------------------------------------------------------------------------------------------
China (People's Republic of).... Advanced Micro 3D002, 3D003, AMD Technologies 75 FR 25763, 5/10/
Devices China, 3E001 (limited to (China) Co., 10.
Inc. ``technology'' Ltd., No. 88, Su 76 FR 2802, 1/18/
for items Tong Road, 11.
classified under Suzhou, China 78 FR [INSERT FR
3C002 and 3C004 215021. PAGE NUMBER] 1/16/
and Advanced Micro 13.
``technology'' Devices
for use during (Shanghai) Co.,
the International Ltd., Buildings
Technology 46, 47, 48 & 49,
Roadmap for River Front
Semiconductors Harbor,
(ITRS) process Zhangjiang Hi-
for items Tech Park, 1387
classified under Zhangdong Rd.,
ECCNs 3B001 and Pudong, Shanghai,
3B002), 3E002 China 201203.
(limited to AMD Technology
``technology'' Development
for use during (Beijing) Co.,
the ITRS process Ltd., North and
for items South Buildings,
classified under RaycomInfotech,
ECCNs 3B001 and Park Tower C, No.
3B002), 3E003.e 2 Science
(limited to the Institute South
``development'' Rd., Zhong Guan
and Cun, Haidian
``production'' of District,
integrated Beijing, China
circuits for 100190..
commercial AMD Products
applications), (China) Co. Ltd.,
4D001, 4D002 and North and South
4E001 (limited to Buildings,
the RaycomInfotech
``development'' Park, Tower C,
of products under No. 2 Science
ECCN 4A003). Institute South
Rd., Zhong Guan
Cun, Haidian
District,
Beijing, China
100190..
* * * * * * *
Lam Research These Items * Lam Research 75 FR 62462, 10/12/
Corporation. Authorized for International 10.
those Lam's Sarl (Lam 77 FR 10955, 2/24/
Destinations Shanghai 12.
Identified by a Warehouse), c/o 78 FR [INSERT FR
single asterisk HMG Supply Chain PAGE NUMBER] 1/16/
(*): 2B230, (Shanghai) Co., 13.
2B350.c, 2B350.d, Ltd., No. 3869,
2B350.g, 2B350.h, Longdong Avenue,
2B350.i, 3B001.c Pudong New
and 3B001.e District,
(items classified Shanghai, China
under ECCNs 201203.
3B001.c and * Lam Research
3B001.e are International
limited to Sarl (Lam
specially Shanghai
designed Warehouse; WGQ
components and Bonded
accessories), Warehouse), c/o
3D001 (limited to HMG Supply Chain
``software'' (Shanghai) Co.,
(excluding source Ltd., No. 55, Fei
code) specially la Road,
designed for the Waigaoqiao Free
``development'' Trade Zone,
or ``production'' Pudong New Area,
of equipment Shanghai, China
controlled by 200131..
ECCN 3B001), * Lam Research
3D002 (limited to International
``software'' Sarl (Lam Beijing
(excluding source Warehouse), c/o
code) specially Beijing Lam
designed for the Electronics Tech
``use'' of Center, No. 8
equipment Building No. 1,
controlled by Disheng North
ECCN 3B001), and Street, Beijing
3E001 (limited to Economic &
``technology'' Technological
according to the Development Area,
General Beijing, China
Technology Note 100176..
for the * Lam Research
``development'' International
of equipment Sarl (Wuxi EPZ
controlled by Bonded
ECCN 3B001). Warehouse), c/o
HMG WHL Logistic
(Wuxi) Co., Ltd.,
1st Fl, Area 4,
No. 1, Plot J3,
No. 5 Gaolang
East Road, Export
Processing Zone,
Wuxi, China
214028..
[[Page 3324]]
* Lam Research
International
Sarl (Lam Beijing
Warehouse), c/o
HMG Hi-tech
Logistics
(Beijing) Co.,
Ltd., Building 3,
No. 9 Ke Chuang
Er Street,
Beijing Economic
Technological
Development Area,
Beijing, China
100176.
* Lam Research
International
Sarl (Wuhan TSS),
c/o HMG Wuhan
Logistic Co.,
Ltd., 1st-2nd
Floor, Area B,
No. 5 Building,
Hua Shi Yuan Er
Road, East-lake
Hi-Tech
Development Zone,
Wuhan, Hubei
Province, China
430223.
These Items ** Lam Research
Authorized for Service Co.,
those Lam's Ltd., 1st Floor,
Destinations Area C, Hua Hong
Identified by two Science &
asterisks (**): Technology Park,
2B230, 2B350.c, 177 Bi Bo Road,
2B350.d, 2B350.g, Zhangjiang Hi-
2B350.h, 2B350.i, Tech Park,
3B001.c and Pudong, Shanghai,
3B001.e (items China 201203..
classified under ** Lam Research
ECCNs 3B001.c and (Shanghai) Co.,
3B001.e are Ltd., No. 1
limited to Jilong Rd., Room
specially 424-2, Waigaoqiao
designed Free Trade Zone,
components and Shanghai, China
accessories), 200131..
3D001 (limited to ** Lam Research
``software'' Service Co., Ltd.
(excluding source (Beijing Branch),
code) specially Rm 1010, Zhaolin
designed for the Building, No. 15
``development'' Rong Hua Zhong
or ``production'' Road, Beijing
of equipment Economic &
controlled by Technological
ECCN 3B001), Development Area,
3D002 (limited to Beijing, China
``software'' 100176..
(excluding source ** Lam Research
code) specially Service Co.,
designed for the Ltd., Wuxi
``use'' of Representative
equipment Office, Room 302,
controlled by Building 6,
ECCN 3B001), and Singapore
3E001 (limited to International
``technology'' Park, No. 89 Xing
according to the Chuang Si Road,
General Wuxi New
Technology Note District, Wuxi,
for the Jiangsu, China
``development'' 214028..
or ``production'' ** Lam Research
(limited to those Service Co.,
stages that Ltd., Wuhan
support Representative
integration, Office, Room 302,
assembly Guanggu Software
(mounting), Park Building E4,
inspection, No. 1 Guanshan
testing, and Road, Donghu
quality Development Zone,
assurance) of Wuhan, Hubei
equipment Province, China
controlled by 430074..
ECCN 3B001).
** Lam Research
Semiconductor
(Suzhou) Co.,
Ltd. (Suzhou), A
Division of Lam
Research
International
Sarl, A-2
Building, Export
Processing Zone,
Suzhou New
District, Jiangsu
Province, China
215151.
* * * * * * *
SK hynix 3B001.a, 3B001.b, SK hynix 75 FR 62462, 10/12/
Semiconductor 3B001.c, 3B001.e, Semiconductor 10.
(China) Ltd. and 3B001.f. (China) Ltd., Lot 77 FR 40258, 7/9/
K7/K7-1, Export 12.
Processing Zone, 78 FR [INSERT FR
Wuxi, Jiangsu, PAGE NUMBER] 1/16/
China 214028. 13.
SK hynix 3B001.a, 3B001.b, SK hynix 75 FR 62462, 10/12/
Semiconductor 3B001.c, 3B001.e, Semiconductor 10.
(Wuxi) Ltd. and 3B001.f. (Wuxi) Ltd., Lot 77 FR 40258, 7/9/
K7/K7-1, Export 12.
Processing Zone, 78 FR [INSERT FR
Wuxi, Jiangsu, PAGE NUMBER] 1/16/
China 214028. 13.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 3325]]
Dated: January 10, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-00770 Filed 1-15-13; 8:45 am]
BILLING CODE 3510-33-P
