In the Matter of: Dan Tran Dang, 1010 W. Moore Street, Santa Ana, CA 92707; Order Denying Export Privileges, 16650-16651 [2013-06135]

Download as PDF 16650 Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices to go to the Commission’s Web site, www.usccr.gov, or to contact the Central Regional Office at the above email or street address. The meeting will be conducted pursuant to the provisions of the rules and regulations of the Commission and FACA. Dated in Washington, DC, March 13, 2013. David Mussatt, Acting Chief, Regional Programs Coordination Unit. [FR Doc. 2013–06151 Filed 3–15–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Dan Tran Dang, 1010 W. Moore Street, Santa Ana, CA 92707; Order Denying Export Privileges pmangrum on DSK3VPTVN1PROD with NOTICES On April 17, 2012, in the U.S. District Court, Central District of California, Dan Tran Dang (‘‘Dang’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 2010)) (‘‘AECA’’). Specifically, Dang was convicted of aiding and abetting and willfully exporting Generation 3 Night Vision Goggles, defense articles listed on the United States Munitions List, from the United States to Vietnam, without first obtaining from the U.S. Department of State a license or written authorization for such export. Dang was sentenced to one day of prison, (credit for time served), followed by three years of supervised release, and fined a special assessment of $500. Dang is also listed on the U.S. Department of State Debarred List. Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or ‘‘Regulations’’) 1 provides, in pertinent part, that ‘‘[t]he Director of the Office of Exporter Services, in consultation with the Director of the Office of Export Enforcement, may deny the export privileges of any person who has been convicted of a violation of the Export Administration Act (‘‘EAA’’), the EAR, or any order, license or authorization 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2012). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. app. §§ 2401– 2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the EAA has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 15, 2012 (77 FR 49699 (August 16, 2012)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. IV 2010)). VerDate Mar<14>2013 15:16 Mar 15, 2013 Jkt 229001 issued thereunder; any regulation, license, or order issued under the International Emergency Economic Powers Act (50 U.S.C. 1701–1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms Export Control Act (22 U.S.C. 2778).’’ 15 CFR 766.25(a); see also Section 11(h) of the EAA, 50 U.S.C. app. § 2410(h). The denial of export privileges under this provision may be for a period of up to 10 years from the date of the conviction. 15 CFR 766.25(d); see also 50 U.S.C. app. § 2410(h). In addition, Section 750.8 of the Regulations states that the Bureau of Industry and Security’s Office of Exporter Services may revoke any Bureau of Industry and Security (‘‘BIS’’) licenses previously issued in which the person had an interest in at the time of his conviction. I have received notice of Dang’s conviction for violating the AECA, and have provided notice and an opportunity for Dang to make a written submission to BIS, as provided in Section 766.25 of the Regulations. I have not received a submission from Dang. Based upon my review and consultations with BIS’s Office of Export Enforcement, including its Director, and the facts available to BIS, I have decided to deny Dang’s export privileges under the Regulations for a period of 10 years from the date of Dang’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Dang had an interest at the time of his conviction. Accordingly, it is hereby ordered: I. Until April 17, 2022, Dan Tran Dang, with a last known address at: 1010 W. Moore Street, Santa Ana, CA 92707, and when acting for or on behalf of Dang, his representatives, assigns, agents or employees (the ‘‘Denied Person’’), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. II. No person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. III. After notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Dang by affiliation, ownership, control or position of responsibility in the conduct of trade or related services may also be subject to the provisions of this Order if necessary to prevent evasion of the Order. IV. This Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreignproduced direct product of U.S.-origin technology. E:\FR\FM\18MRN1.SGM 18MRN1 Federal Register / Vol. 78, No. 52 / Monday, March 18, 2013 / Notices V. This Order is effective immediately and shall remain in effect until April 17, 2022. VI. In accordance with Part 756 of the Regulations, Dang may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. VII. A copy of this Order shall be delivered to Dang. This Order shall be published in the Federal Register. Issued this 12th day of March, 2013. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2013–06135 Filed 3–15–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–909] 2 See Certain Steel Nails From the People’s Republic of China; Final Results of Third Antidumping Duty Administrative Review; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) published its Preliminary Results of the antidumping duty order on certain steel nails from the People’s Republic of China (‘‘PRC’’) on September 4, 2012.1 The period of review (‘‘POR’’) is August 1, 2010, through July 31, 2011. We gave interested parties an opportunity to comment on the Preliminary Results. Based upon our analysis of the comments and information received, we made changes to the margin calculations for these final results. The final dumping margins are listed below in the ‘‘Final Results of the Review’’ section of this notice. DATES: Effective Date: March 18, 2013. FOR FURTHER INFORMATION CONTACT: Julia Hancock or Javier Barrientos, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–1394 or (202) 482– 2243, respectively. SUPPLEMENTARY INFORMATION: pmangrum on DSK3VPTVN1PROD with NOTICES AGENCY: 1 See Certain Steel Nails from the People’s Republic of China: Preliminary Results and Partial Rescission of the Third Antidumping Duty Administrative Review, 77 FR 53845 (September 4, 2012) (‘‘Preliminary Results’’). VerDate Mar<14>2013 Background On September 4, 2012, the Department published the Preliminary Results of this administrative review.2 The Department extended the deadline based on requests from interested parties, once for submission of case briefs and twice for rebuttal briefs.3 On September 24, 2012, and October 2, 2012, interested parties submitted surrogate value (‘‘SV’’) comments and SV rebuttal comments.4,5 On October 19, 2012, Petitioner, Stanley, 6 Hongli, 7 and Itochu 8 submitted case briefs.9 On October 26, 2012, Petitioner, Stanley, Itochu, and Hongli submitted rebuttal briefs.10 As explained in the memorandum from the Assistant Secretary for Import Administration, the Department has exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 29 through October 30, 2012.11 Thus, all 15:16 Mar 15, 2013 Jkt 229001 id. Memorandum for All Interested Parties, ‘‘Antidumping Administrative Review of Certain Steel Nails from the People’s Republic of China: Revised Case and Rebuttal Briefs Schedule,’’ (September 13, 2012); see also, Memorandum to the File, Antidumping Administrative Review of Certain Steel Nails from the People’s Republic of China: Revised Case and Rebuttal Briefs Schedule, (October 26, 2012). 4 See ‘‘Itochu Building Products Co., Inc. and Tianjin Jinghai County Hongli Industry & Business Co., Ltd., (‘‘GDLSK Respondents’’) Post-Preliminary Surrogate Value Submission: Third Antidumping Duty Administrative Review of Certain Steel Nails from the People’s Republic of China,’’ (September 24, 2012); ‘‘Stanley’s Certain Steel Nails from the People’s Republic of China, Third Administrative Review; Post-Preliminary Results Surrogate Value Data,’’ (September 24, 2012); and ‘‘Mid-Continent Nail Corporation’s (‘‘Petitioner’’)’s Post-Preliminary Surrogate Value Submission,’’ (September 24, 2012). 5 See ‘‘GDLSK Respondents’ Post-Preliminary Surrogate Value Rebuttal Submission: Third Antidumping Duty Administrative Review of Certain Steel Nails from the People’s Republic of China,’’ (October 2, 2012); ‘‘Stanley’s Certain Steel Nails from the People’s Republic of China, Third Administrative Review; Post-Preliminary Results Rebuttal Surrogate Value Submission,’’ (October 2, 2012); and ‘‘Petitioner’s Certain Steel Nails from the People’s Republic of China: Submission of Rebuttal Surrogate Value Information’’ (October 2, 2012). 6 The Stanley Works (Langfang) Fastening Systems Co., Ltd., and Stanley Black & Decker, Inc. (collectively ‘‘Stanley’’). 7 Tianjin Jinhai County Hongli Industry & Business Co., Ltd. (‘‘Hongli’’). 8 Itochu Building Products Co., Ltd. (‘‘Itochu’’). 9 See Stanley’s Case Brief, (October 19, 2012); Itochu’s and Hongli’s Case Brief, (October 19, 2012); and Petitioner’s Case Brief, (October 19, 2012). 10 See Petitioners’ Rebuttal Brief, (October 26, 2012); Stanley’s Rebuttal Brief, (October 26, 2012); and Itochu’s and Hongli’s Rebuttal Brief, (October 26, 2012). 11 See Memorandum to the Record from Paul Piquado, Assistant Secretary for Import Administration, regarding ‘‘Tolling of Administrative Deadlines as a Result of the Government Closure During the Recent Hurricane; (October 31, 2012). 3 See PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 16651 deadlines in this segment of the proceeding have been extended by two days.12 Additionally, on December 11, 2012, the Department extended the deadline in this proceeding by 60 days.13 The revised deadline for the final results of this review is now March 5, 2013. Scope of the Order The merchandise covered by the order includes certain steel nails having a shaft length up to 12 inches. Certain steel nails subject to the order are currently classified under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 7317.00.55, 7317.00.65 and 7317.00.75. While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.14 For a full description of the scope, see ‘‘Certain Steel Nails from the People’s Republic of China: Issues and Decision Memorandum for the Final Results of the Third Antidumping Duty Administrative Review,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties are addressed in the Issues and Decision Memorandum. A list of the issues which parties raised is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file in the Central Records Unit (‘‘CRU’’), Room 7046 of the main Department of Commerce building, as well as electronically via Import Administration’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘IA ACCESS’’). IA ACCESS is available to registered users at https:// iaaccess.trade.gov and in the CRU. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at https://www.trade.gov/ia/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. 12 See Memorandum to the Record from Paul Piquado, AS for Import Administration, regarding ‘‘Tolling of Administrative Deadlines as a Result of the Government Closure During the Recent Hurricane Sandy’’; (October 31, 2012). 13 See Memorandum to Christian Marsh, ‘‘Certain Steel Nails from the People’s Republic of China: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated December 11, 2012. 14 See Notice of Antidumping Duty Order: Certain Steel Nails From the People’s Republic of China, 73 FR 44961 (August 1, 2008). E:\FR\FM\18MRN1.SGM 18MRN1

Agencies

[Federal Register Volume 78, Number 52 (Monday, March 18, 2013)]
[Notices]
[Pages 16650-16651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06135]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Dan Tran Dang, 1010 W. Moore Street, Santa Ana, 
CA 92707; Order Denying Export Privileges

    On April 17, 2012, in the U.S. District Court, Central District of 
California, Dan Tran Dang (``Dang'') was convicted of violating Section 
38 of the Arms Export Control Act (22 U.S.C. 2778 (2006 & Supp. IV 
2010)) (``AECA''). Specifically, Dang was convicted of aiding and 
abetting and willfully exporting Generation 3 Night Vision Goggles, 
defense articles listed on the United States Munitions List, from the 
United States to Vietnam, without first obtaining from the U.S. 
Department of State a license or written authorization for such export. 
Dang was sentenced to one day of prison, (credit for time served), 
followed by three years of supervised release, and fined a special 
assessment of $500. Dang is also listed on the U.S. Department of State 
Debarred List.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the Export 
Administration Act (``EAA''), the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2012). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``EAA''). Since August 21, 2001, the 
EAA has been in lapse and the President, through Executive Order 
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has 
been extended by successive Presidential Notices, the most recent 
being that of August 15, 2012 (77 FR 49699 (August 16, 2012)), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. 
IV 2010)).
---------------------------------------------------------------------------

    I have received notice of Dang's conviction for violating the AECA, 
and have provided notice and an opportunity for Dang to make a written 
submission to BIS, as provided in Section 766.25 of the Regulations. I 
have not received a submission from Dang. Based upon my review and 
consultations with BIS's Office of Export Enforcement, including its 
Director, and the facts available to BIS, I have decided to deny Dang's 
export privileges under the Regulations for a period of 10 years from 
the date of Dang's conviction. I have also decided to revoke all 
licenses issued pursuant to the Act or Regulations in which Dang had an 
interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    I. Until April 17, 2022, Dan Tran Dang, with a last known address 
at: 1010 W. Moore Street, Santa Ana, CA 92707, and when acting for or 
on behalf of Dang, his representatives, assigns, agents or employees 
(the ``Denied Person''), may not, directly or indirectly, participate 
in any way in any transaction involving any commodity, software or 
technology (hereinafter collectively referred to as ``item'') exported 
or to be exported from the United States that is subject to the 
Regulations, including, but not limited to:
    A. Applying for, obtaining, or using any license, License 
Exception, or export control document;
    B. Carrying on negotiations concerning, or ordering, buying, 
receiving, using, selling, delivering, storing, disposing of, 
forwarding, transporting, financing, or otherwise servicing in any way, 
any transaction involving any item exported or to be exported from the 
United States that is subject to the Regulations, or in any other 
activity subject to the Regulations; or
    C. Benefitting in any way from any transaction involving any item 
exported or to be exported from the United States that is subject to 
the Regulations, or in any other activity subject to the Regulations.
    II. No person may, directly or indirectly, do any of the following:
    A. Export or reexport to or on behalf of the Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by the Denied Person of the ownership, possession, or 
control of any item subject to the Regulations that has been or will be 
exported from the United States, including financing or other support 
activities related to a transaction whereby the Denied Person acquires 
or attempts to acquire such ownership, possession or control;
    C. Take any action to acquire from or to facilitate the acquisition 
or attempted acquisition from the Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from the Denied Person in the United States any item 
subject to the Regulations with knowledge or reason to know that the 
item will be, or is intended to be, exported from the United States; or
    E. Engage in any transaction to service any item subject to the 
Regulations that has been or will be exported from the United States 
and which is owned, possessed or controlled by the Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by the Denied Person if such service involves the use of any 
item subject to the Regulations that has been or will be exported from 
the United States. For purposes of this paragraph, servicing means 
installation, maintenance, repair, modification or testing.
    III. After notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Dang by affiliation, ownership, 
control or position of responsibility in the conduct of trade or 
related services may also be subject to the provisions of this Order if 
necessary to prevent evasion of the Order.
    IV. This Order does not prohibit any export, reexport, or other 
transaction subject to the Regulations where the only items involved 
that are subject to the Regulations are the foreign-produced direct 
product of U.S.-origin technology.

[[Page 16651]]

    V. This Order is effective immediately and shall remain in effect 
until April 17, 2022.
    VI. In accordance with Part 756 of the Regulations, Dang may file 
an appeal of this Order with the Under Secretary of Commerce for 
Industry and Security. The appeal must be filed within 45 days from the 
date of this Order and must comply with the provisions of Part 756 of 
the Regulations.
    VII. A copy of this Order shall be delivered to Dang. This Order 
shall be published in the Federal Register.

    Issued this 12th day of March, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-06135 Filed 3-15-13; 8:45 am]
BILLING CODE P

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