Addition, Removals, and Revisions to the List of Validated End-Users in the People's Republic of China, 32981-32988 [2013-13076]
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[FR Doc. 2013–13032 Filed 5–31–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 130521487–3487–01]
RIN 0694–AF92
Addition, Removals, and Revisions to
the List of Validated End-Users in the
People’s Republic of China
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
tkelley on DSK3SPTVN1PROD with RULES
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to improve the display and
SUMMARY:
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readability of the list of Validated EndUsers (VEU) and their respective eligible
items and destinations; revise the
existing VEU listing for the People’s
Republic of China (PRC) to add one enduser, Shanghai Huahong Grace
Semiconductor Manufacturing
Corporation, Ltd. (HHGrace); remove
two end-users, Grace Semiconductor
Manufacturing Corporation (GSMC) and
Shanghai Huahong NEC Electronics
Company, Ltd. (HHNEC); and update
the list of eligible items for CSMC
Technologies Corporation (CSMC).
Specifically, BIS amends Supplement
No. 7 to part 748 of the EAR to remove
GSMC and HHNEC as a result of the
merger of the two companies to create
HHGrace, which is being added as a
VEU. With this rule, exports, reexports
and transfers (in-country) of certain
items to three facilities of HHGrace are
now authorized under Authorization
VEU. In addition, BIS is updating
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10
MODENA
CSMC’s list of eligible items in
Supplement No. 7 to part 748. These
actions are not being taken in response
to activities of concern. Rather, the
actions are being taken at the
companies’ request.
DATES: This rule is effective June 3,
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
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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, in
conformity with Section 748.15 of the
EAR. Eligible items vary between VEUs,
but may include commodities, software,
and technology, except those controlled
for missile technology or crime control
reasons on the Commerce Control List
(CCL) (part 774 of the EAR).
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 published on June 19, 2007
(72 FR 33646) to create Authorization
VEU.
Addition and Removals on the List of
Validated End-User Authorizations in
the PRC
Addition of Shanghai Huahong Grace
Semiconductor Manufacturing
Corporation, Ltd. to the list of Validated
End-Users in the PRC and its ‘‘Eligible
Destinations’’ and ‘‘Eligible Items (By
ECCN)’’
This final rule amends Supplement
No. 7 to part 748 of the EAR to add
Shanghai Huahong Grace
Semiconductor Manufacturing
Corporation, Ltd. (HHGrace) as a VEU,
and to identify its eligible facilities and
the items that may be exported,
reexported or transferred (in-country) to
HHGrace under Authorization VEU. The
names and addresses of this newlyappointed VEU and its eligible endusers are as follows:
New Validated End-User
Shanghai Huahong Grace
Semiconductor Manufacturing
Corporation, Ltd.
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Eligible Destinations
Shanghai Huahong Grace
Semiconductor Manufacturing
Corporation—HFab 2, 668 Guoshoujing
Road, Zhangjiang Hi-Tech Park,
Shanghai 201203 China.
Shanghai Huahong Grace
Semiconductor Manufacturing
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Corporation—HFab 1, 1188 Chuanqiao
Road, Pudong, Shanghai 201206 China.
Shanghai Huahong Grace
Semiconductor Manufacturing
Corporation—GFab1, 1399 Zuchongzhi
Road, Zhangjiang Hi-Tech Park,
Shanghai 201203 China.
Eligible Items That May Be Exported,
Reexported or Transferred (in-country)
to the Three Eligible Destinations
Identified Under HHGrace’s Validated
End-User Authorization:
Eligible Items (By ECCN): 1C350.c.3,
1C350.d.7, 2B230, 2B350.d.2, 2B350.g.3,
2B350.i.4, 3B001.a.1, 3B001.b, 3B001.c,
3B001.e, 3B001.f, 3B001.h, 3C002,
3C004, 5B002, and 5E002 (limited to
production technology for integrated
circuits controlled by ECCNs 5A002 or
5A992 that have been successfully
reviewed under the encryption review
process specified in Sections
740.17(b)(2) or 740.17(b)(3) and 742.15
of the EAR).
Removal of Validated End-User
Authorizations for Grace Semiconductor
Manufacturing Corporation and
Shanghai Huahong NEC Electronics
Company, Ltd.
As a result of the merger of HHNEC
and GSMC, and their dissolution as
independent legal entities, and
consistent with Section 748.15 of the
EAR, BIS now amends Supplement No.
7 to part 748 of the EAR to remove
GSMC and HHNEC as VEUs. Both
entities’ addresses will also be removed
from Supplement No. 7 to part 748 of
the EAR. As a result of this rule, neither
GSMC nor HHNEC will be authorized to
receive items through Authorization
VEU. This amendment is not the result
of activities of concern. Rather, as noted
above, the removal of GSMC’s and
HHNEC’s qualifications as VEUs is the
result of the merger of the two
companies and their corresponding
dissolution as independent legal
entities.
Revisions to an Existing Validated EndUser Authorization in the PRC
Revisions to the List of Eligible Items for
CSMC Technologies Corporation
In this rule, BIS amends Supplement
No. 7 to part 748 of the EAR to amend
CSMC Technologies Corporation’s
(CSMC) current list of eligible items.
Specifically, BIS removes Export
Control Classification Numbers (ECCNs)
3B001.c.1.a and 3B001.c.2.a from
CSMC’s list of eligible items that may be
exported, reexported or transferred (incountry) to the company’s eligible
destinations. BIS is not making this
change in response to activities of
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concern. Rather, BIS is making this
change to reflect changes made to the
Commerce Control List in a rule
published on September 7, 2010 (75 FR
54271). That rule revised the control
parameters for the anisotropic plasma
dry etching equipment controlled under
ECCN 3B001.c to align with changes
made to the Wassenaar Arrangement’s
List of Dual-Use Goods and
Technologies, as maintained and agreed
to by the governments participating in
the Wassenaar Arrangement on Export
Controls for Conventional Arms and
Dual-Use Goods and Technologies. BIS’s
September 2010 change to the CCL
removed ECCNs 3B001.c.1.a and
3B001.c.2.a, and changed the
classification of those items to EAR99.
As EAR99 items do not generally
require a license for export, reexport or
transfer (in-country) to the PRC, these
items should no longer be included
under CSMC’s list of eligible items.
Former List of Eligible Items:
1C350.c.3, 1C350.c.11, 2B230.a,
2B230.b, 2B350.f, 2B350.g, 2B350.h,
3B001.c.1.a, 3B001.c.2.a, 3B001.e,
3B001.h (except for multilayer masks
with a phase shift layer designed to
produce ‘‘space qualified’’
semiconductor devices), 3C002.a, and
3C004.
New List of Eligible Items:
1C350.c.3, 1C350.c.11, 2B230.a,
2B230.b, 2B350.f, 2B350.g, 2B350.h,
3B001.e, 3B001.h (except for multilayer
masks with a phase shift layer designed
to produce ‘‘space qualified’’
semiconductor devices), 3C002.a, and
3C004.
Modification of the Structure of
Supplement No. 7 to Part 748
Finally, in this rule, BIS amends
Supplement No. 7 to part 748 to modify
its structure. BIS is modifying the
Supplement to improve the display and
readability of the list of VEUs and their
respective eligible items and
destinations.
The changes described in this rule are
expected to further facilitate exports to
civilian end-users in the PRC, and are
expected to result in significant savings
of time and resources for the VEU and
its eligible facilities. Authorization VEU
eliminates the burden on exporters and
reexporters of preparing individual
license applications, as exports,
reexports and transfers (in-country) of
the specified eligible items may now be
made under general authorization
instead of under individual licenses.
With the addition of HHGrace as a VEU,
exporters and reexporters can supply
HHGrace much more quickly, thus
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enhancing the competitiveness of both
the VEU and its suppliers of U.S-origin
items.
To ensure appropriate facilitation of
exports and reexports, on-site reviews of
VEUs, including HHGrace, may be
warranted pursuant to Section
748.15(f)(2) of the EAR and Section 7(iv)
of Supplement No. 8 to part 748 of the
EAR. If such a review is warranted, BIS
will inform the PRC Ministry of
Commerce.
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 amended by Executive Order
13637 of March 8, 2013, 78 FR 16129
(March 13, 2013), and 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.
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
to, nor be subject to a penalty for failure
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15:55 May 31, 2013
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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 they are unnecessary.
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
merely updates the list of VEUs and
their respective eligible items and
destinations. 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. 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 End-User Review
Committee reviews license applications,
the authorizations granted under the
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32983
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.
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 30day delay in effectiveness under 5
U.S.C. 553(d)(3) because the delay
would be contrary to the public interest.
BIS is simply amending a VEU
authorization by updating the ‘‘eligible
items’’ of the named end-user, removing
two currently authorized VEUs, and
replacing those VEUs with the addition
of a new end-user—the new company
resulting from the merger of two
existing VEUs. Delaying this action’s
effectiveness could cause confusion
with the VEU status of the list of
companies identified in this rule due to
the changes made to that list.
Accordingly, it is 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. As a result,
no final regulatory flexibility analysis is
required and none has been prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Dated: May 24, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration
.
Accordingly, part 748 of the EAR (15
CFR parts 730–774) is amended as
follows:
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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
PART 748—[AMENDED]
1. The authority citation for 15 CFR
part 748 continues to read as follows:
■
of August 15, 2012, 77 FR 49699 (August 16,
2012).
2. Revise Supplement No. 7 to part
748 to read 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
Country
Validated end-user
Eligible items (by ECCN)
Eligible destination
Federal register
citation
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).
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).
Applied Materials
(China), Inc.
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China (People’s Republic of).
These Items Authorized for those
Applied Materials Destinations
Identified by one asterisk (*):
2B006.b, 2B230, 2B350.g.3,
2B350.i, 3B001.a, 3B001.b,
3B001.c, 3B001.e, 3B001.f,
3C001, 3C002, 3D002 (limited
to ‘‘software’’ specially designed for the ‘‘use’’ of stored
program controlled items classified under ECCN 3B001).
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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.
* Applied Materials South East
Asia Pte. Ltd., Shanghai Depot,
c/o Shanghai Applied Materials
Technical Service Center, No.
2667,
Zuchongzhi
Road,
Shanghai, China 201203.
* Applied Materials South East
Asia Pte. Ltd., Beijing Depot, c/
o Beijing Applied Materials
Technical Service Center, No.
1 North Di Sheng Street, BDA,
Beijing, China 100176.
*Applied Materials South East
Asia Pte. Ltd., Wuxi Depot, c/o
Sinotrans Jiangsu Fuchang Logistics Co., Ltd., 1 Xi Qin Road,
Wuxi Export Processing Zone,
Wuxi, Jiangsu, China 214028.
Applied Materials South East
Asia Pte. Ltd., Wuhan Depot, c/
o Wuhan Optics Valley Import
& Export Co., Ltd., No. 101
Guanggu Road, East Lake
High-Tec Development Zone,
Wuhan, Hubei, China 430074.
Applied Materials (China), Inc.,
Shanghai Depot, No. 2667,
Zuchongzhi Road, Shanghai,
China 201203.
* Applied Materials (China), Inc.,
Beijing Depot, No. 1 North Di
Sheng Street, BDA, Beijing,
China 100176.
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75 FR 25763, 5/10/10.
76 FR 2802, 1/18/11.
78 FR 3319, 1/16/13.
72 FR
07.
74 FR
75 FR
77 FR
59164, 10/19/
19382, 4/29/09.
27185, 5/14/10.
10953, 2/24/12.
Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Rules and Regulations
32985
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
Boeing Tianjin Composites Co. Ltd.
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CSMC Technologies
Corporation.
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15:55 May 31, 2013
Jkt 229001
Eligible items (by ECCN)
Eligible destination
These Items Authorized for the
Applied Materials Destination
Identified by two asterisks (**):
2B006.b, 2B230, 2B350.g.3,
2B350.i, 3B001.a, 3B001.b,
3B001.c, 3B001.e, 3B001.f,
3C001, 3C002, 3D002 (limited
to ‘‘software’’ specially designed for the ‘‘use’’ of stored
program controlled items classified under ECCN 3B001), and
3E001 (limited to ‘‘technology’’
according to the General Technology Note for the ‘‘development’’ or ‘‘production’’ of items
controlled by ECCN 3B001).
1B001.f, 1D001 (limited to ‘‘software’’ specially designed or
modified for the ‘‘use’’ of equipment controlled by 1B001.f),
2B001.b.2 (limited to machine
tools with accuracies no better
than (i.e., not less than) 13 microns), 2D001 (limited to ‘‘software,’’ other than that controlled by 2D002, specially designed or modified for the
‘‘use’’ of equipment controlled
by 2B001.b.2), and 2D002 (limited to ‘‘software’’ for electronic
devices, even when residing in
an electronic device or system,
enabling such devices or systems to function as a ‘‘numerical control’’ unit, capable of coordinating simultaneously more
than 4 axes for ‘‘contouring
control’’
controlled
by
2B001.b.2).
1C350.c.3, 1C350.c.11, 2B230.a,
2B230.b, 2B350.f, 2B350.g,
2B350.h, 3B001.e.
3B001.h (except for multilayer
masks with a phase shift layer
designed to produce ‘‘space
qualified’’ semiconductor devices), 3C002.a, and 3C004.
Federal register
citation
** Applied Materials (Xi’an) Ltd.,
No. 28 Xin Xi Ave., Xi’an High
Tech Park, Export Processing
Zone, Xi’an, Shaanxi, China
710075.
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Boeing Tianjin Composites Co.
Ltd., No. 4–388 Heibei Road,
Tanggu Tianjin, China.
72 FR 59164, 10/19/
07.
74 FR 19382, 4/29/09.
77FR 10953, 2/24/12.
77 FR 40258, 7/9/12.
CSMC Technologies Fab 1 Co.,
Ltd., 14 Liangxi Road, Wuxi,
Jiangsu 214061, China.
CSMC Technologies Fab 2 Co.,
Ltd., 8 Xinzhou Rd. Wuxi National New Hi-Tech Industrial
Development
Zone,
Wuxi,
Jiangsu 214028, China.
76 FR 2802, 1/18/11.
76 FR 37634, 6/28/11.
77 FR 10953, 2/24/12.
78 FR 23472, 4/19/13.
78 FR [INSERT PAGE
NUMBER], 6/3/13.
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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
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Lam Research Corporation
VerDate Mar<15>2010
Eligible items (by ECCN)
Eligible destination
Federal register
citation
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.
* 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, Eastlake
Hi-Tech
Development
Zone, Wuhan, Hubei Province,
China 430223.
75 FR 62462, 10/12/
10.
77 FR 10953, 2/24/12.
78 FR 3319, 1/16/13.
Validated end-user
15:55 May 31, 2013
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32987
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)
Eligible destination
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).
** 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.
Semiconductor
Manufacturing
International (Shanghai) Corporation, 18 Zhang Jiang Rd.,
Pudong New Area, Shanghai,
China 201203.
Semiconductor
Manufacturing
International (Tianjin) Corporation, 19 Xing Hua Avenue, Xi
Qing Economic Development
Area, Tianjin, China 300385.
Semiconductor
Manufacturing
International (Beijing) Corporation, No. 18 Wen Chang Road,
Beijing Economic-Technological
Development Area, Beijing,
China 100176.
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Semiconductor Manu- 1C350.c.3, 1C350.d.7, 2B006.b.1,
facturing Inter2B230, 2B350.d.2, 2B350.g.3,
national Corporation.
2B350.i.3, 3B001.a, 3B001.b,
3B001.c, 3B001.e, 3B001.f,
3C001, 3C002, 3C004, 5B002,
and 5E002 (limited to ‘‘technology’’ according to the General Technology Note for the
‘‘production’’ of integrated circuits controlled by ECCN
5A002 that have been classified by BIS as eligible for License Exception ENC under
paragraph (b)(2) or (b)(3) of
section 740.17 of the EAR, or
classified by BIS as a mass
market item under paragraph
(b)(3) of section 742.15 of the
EAR).
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citation
72 FR 59164, 10/19/
07.
75 FR 67029, 11/1/10.
77 FR 10953, 2/24/12.
32988
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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
Eligible items (by ECCN)
Eligible destination
Federal register
citation
Shanghai Huahong
Grace Semiconductor Manufacturing Corporation.
1C350.c.3, 1C350.d.7, 2B230,
2B350.d.2,
2B350.g.3,
2B350.i.4, 3B001.a.1, 3B001.b,
3B001.c, 3B001.e, 3B001.f,
3B001.h,
3C002,
3C004,
5B002, and 5E002 (limited to
production technology for integrated circuits controlled by
ECCNs 5A002 or 5A992 that
have been successfully reviewed under the encryption review process specified in Sections
740.17(b)(2)
or
740.17(b)(3) and 742.15 of the
EAR).
3B001.a,
3B001.b,
3B001.c,
3B001.e, and 3B001.f.
Shanghai Huahong Grace Semiconductor Manufacturing Corporation—HFab
2,
668
Guoshoujing Road, Zhangjiang
Hi-Tech
Park,
Shanghai
201203 China.
Shanghai Huahong Grace Semiconductor Manufacturing Corporation—HFab
1,
1188
Chuanqiao
Road,
Pudong,
Shanghai 201206 China.
Shanghai Huahong Grace Semiconductor Manufacturing Corporation—GFab1,
1399
Zuchongzhi Road, Zhangjiang
Hi-Tech
Park,
Shanghai
201203 China.
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.
78 FR [INSERT PAGE
NUMBER], 6/3/13.
SK hynix Semiconductor (China) Ltd.
Country
GE India Technology Centre Private Limited (GEITC), No. 122,
EPIP, Phase II, Hoodi Village,
Whitefield Road, Bangalore
560066, Karnataka, India.
Bangalore Engineering Center
(BEC), c/o GE India Technology Centre Private Limited
(GEITC), No. 122, EPIP, Phase
II, Hoodi Village, Whitefield
Road,
Bangalore
560066,
Karnataka, India.
74 FR 31620, 7/2/09.
74 FR 68147, 12/23/
09.
77 FR 10953, 2/24/12.
Validated end-user
SK hynix Semiconductor (Wuxi) Ltd.
India ...........................
GE India Industrial Pvt
Ltd..
[FR Doc. 2013–13076 Filed 5–31–13; 8:45 am]
BILLING CODE 3510–33–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 38
RIN 3038–AD09
Core Principles and Other
Requirements for Designated Contract
Markets; Correction
Commodity Futures Trading
Commission.
ACTION: Final rule; correction.
AGENCY:
This document corrects the
Federal Register release of the final rule
regarding Core Principles and Other
Requirements for Designated Contract
Markets by inserting a missing
instruction to add Appendix C to 17
CFR part 38. This is a correction to the
Federal Register only, which does not
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:55 May 31, 2013
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3B001.a,
3B001.b,
3B001.c,
3B001.e, and 3B001.f.
1C002.a.1,
1C002.a.2,
1C002.b.1.a,
1C002.b.1.b,
1E001, 2E003.f, 9E003.a.1,
9E003.a.2,
9E003.a.4,
9E003.a.5,
9E003.a.6,
9E003.a.8, and 9E003.c.
affect the text of Appendix C as
published in the final rule.
DATES: This correction is effective May
29, 2013.
FOR FURTHER INFORMATION CONTACT:
Christopher Kirkpatrick, Deputy
Secretary, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581; 202–418–5964;
CKirkpatrick@cftc.gov.
The
Commodity Futures Trading
Commission is correcting amendatory
language for the previously published
Federal Register release of the final rule
regarding Core Principles and Other
Requirements for Designated Contract
Markets (77 FR 36612, June 19, 2012).
The final rule, as published in the
Federal Register, included an Appendix
C to 17 CFR part 38, ‘‘Demonstration of
Compliance That a Contract Is Not
Readily Susceptible to Manipulation.’’
However, the instruction to add that
SUPPLEMENTARY INFORMATION:
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75 FR
10.
77 FR
78 FR
75 FR
10.
77 FR
78 FR
62462, 10/12/
40258, 7/9/12.
3319, 1/16/13.
62462, 10/12/
40258, 7/9/12.
3319, 1/16/13.
appendix to the Code of Federal
Regulations was inadvertently omitted
from the Federal Register publication of
the final rule. Therefore, on page 36722,
at the top of the first column,
immediately before the heading,
‘‘Appendix C—Demonstration of
Compliance That a Contract Is Not
Readily Susceptible to Manipulation,’’
insert the following amendatory
instruction:
*
*
*
*
*
20. Add appendix C to part 38 to read
as follows:
*
*
*
*
*
■
Dated: May 29, 2013.
Christopher J. Kirkpatrick,
Deputy Secretary of the Commission.
[FR Doc. 2013–13045 Filed 5–29–13; 4:15 pm]
BILLING CODE 6351–01–P
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]]>Agencies
[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Rules and Regulations]
[Pages 32981-32988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13076]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 130521487-3487-01]
RIN 0694-AF92
Addition, Removals, and Revisions to the List of Validated End-
Users in the People's Republic of China
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 improve the display and
readability of the list of Validated End-Users (VEU) and their
respective eligible items and destinations; revise the existing VEU
listing for the People's Republic of China (PRC) to add one end-user,
Shanghai Huahong Grace Semiconductor Manufacturing Corporation, Ltd.
(HHGrace); remove two end-users, Grace Semiconductor Manufacturing
Corporation (GSMC) and Shanghai Huahong NEC Electronics Company, Ltd.
(HHNEC); and update the list of eligible items for CSMC Technologies
Corporation (CSMC). Specifically, BIS amends Supplement No. 7 to part
748 of the EAR to remove GSMC and HHNEC as a result of the merger of
the two companies to create HHGrace, which is being added as a VEU.
With this rule, exports, reexports and transfers (in-country) of
certain items to three facilities of HHGrace are now authorized under
Authorization VEU. In addition, BIS is updating CSMC's list of eligible
items in Supplement No. 7 to part 748. These actions are not being
taken in response to activities of concern. Rather, the actions are
being taken at the companies' request.
DATES: This rule is effective June 3, 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
[[Page 32982]]
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, in conformity
with Section 748.15 of the EAR. Eligible items vary between VEUs, but
may include commodities, software, and technology, except those
controlled for missile technology or crime control reasons on the
Commerce Control List (CCL) (part 774 of the EAR).
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
published on June 19, 2007 (72 FR 33646) to create Authorization VEU.
Addition and Removals on the List of Validated End-User Authorizations
in the PRC
Addition of Shanghai Huahong Grace Semiconductor Manufacturing
Corporation, Ltd. to the list of Validated End-Users in the PRC and its
``Eligible Destinations'' and ``Eligible Items (By ECCN)''
This final rule amends Supplement No. 7 to part 748 of the EAR to
add Shanghai Huahong Grace Semiconductor Manufacturing Corporation,
Ltd. (HHGrace) as a VEU, and to identify its eligible facilities and
the items that may be exported, reexported or transferred (in-country)
to HHGrace under Authorization VEU. The names and addresses of this
newly-appointed VEU and its eligible end-users are as follows:
New Validated End-User
Shanghai Huahong Grace Semiconductor Manufacturing Corporation,
Ltd.
Eligible Destinations
Shanghai Huahong Grace Semiconductor Manufacturing Corporation--
HFab 2, 668 Guoshoujing Road, Zhangjiang Hi-Tech Park, Shanghai 201203
China.
Shanghai Huahong Grace Semiconductor Manufacturing Corporation--
HFab 1, 1188 Chuanqiao Road, Pudong, Shanghai 201206 China.
Shanghai Huahong Grace Semiconductor Manufacturing Corporation--
GFab1, 1399 Zuchongzhi Road, Zhangjiang Hi-Tech Park, Shanghai 201203
China.
Eligible Items That May Be Exported, Reexported or Transferred (in-
country) to the Three Eligible Destinations Identified Under HHGrace's
Validated End-User Authorization:
Eligible Items (By ECCN): 1C350.c.3, 1C350.d.7, 2B230, 2B350.d.2,
2B350.g.3, 2B350.i.4, 3B001.a.1, 3B001.b, 3B001.c, 3B001.e, 3B001.f,
3B001.h, 3C002, 3C004, 5B002, and 5E002 (limited to production
technology for integrated circuits controlled by ECCNs 5A002 or 5A992
that have been successfully reviewed under the encryption review
process specified in Sections 740.17(b)(2) or 740.17(b)(3) and 742.15
of the EAR).
Removal of Validated End-User Authorizations for Grace Semiconductor
Manufacturing Corporation and Shanghai Huahong NEC Electronics Company,
Ltd.
As a result of the merger of HHNEC and GSMC, and their dissolution
as independent legal entities, and consistent with Section 748.15 of
the EAR, BIS now amends Supplement No. 7 to part 748 of the EAR to
remove GSMC and HHNEC as VEUs. Both entities' addresses will also be
removed from Supplement No. 7 to part 748 of the EAR. As a result of
this rule, neither GSMC nor HHNEC will be authorized to receive items
through Authorization VEU. This amendment is not the result of
activities of concern. Rather, as noted above, the removal of GSMC's
and HHNEC's qualifications as VEUs is the result of the merger of the
two companies and their corresponding dissolution as independent legal
entities.
Revisions to an Existing Validated End-User Authorization in the PRC
Revisions to the List of Eligible Items for CSMC Technologies
Corporation
In this rule, BIS amends Supplement No. 7 to part 748 of the EAR to
amend CSMC Technologies Corporation's (CSMC) current list of eligible
items. Specifically, BIS removes Export Control Classification Numbers
(ECCNs) 3B001.c.1.a and 3B001.c.2.a from CSMC's list of eligible items
that may be exported, reexported or transferred (in-country) to the
company's eligible destinations. BIS is not making this change in
response to activities of concern. Rather, BIS is making this change to
reflect changes made to the Commerce Control List in a rule published
on September 7, 2010 (75 FR 54271). That rule revised the control
parameters for the anisotropic plasma dry etching equipment controlled
under ECCN 3B001.c to align with changes made to the Wassenaar
Arrangement's List of Dual-Use Goods and Technologies, as maintained
and agreed to by the governments participating in the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual-Use Goods
and Technologies. BIS's September 2010 change to the CCL removed ECCNs
3B001.c.1.a and 3B001.c.2.a, and changed the classification of those
items to EAR99. As EAR99 items do not generally require a license for
export, reexport or transfer (in-country) to the PRC, these items
should no longer be included under CSMC's list of eligible items.
Former List of Eligible Items:
1C350.c.3, 1C350.c.11, 2B230.a, 2B230.b, 2B350.f, 2B350.g, 2B350.h,
3B001.c.1.a, 3B001.c.2.a, 3B001.e, 3B001.h (except for multilayer masks
with a phase shift layer designed to produce ``space qualified''
semiconductor devices), 3C002.a, and 3C004.
New List of Eligible Items:
1C350.c.3, 1C350.c.11, 2B230.a, 2B230.b, 2B350.f, 2B350.g, 2B350.h,
3B001.e, 3B001.h (except for multilayer masks with a phase shift layer
designed to produce ``space qualified'' semiconductor devices),
3C002.a, and 3C004.
Modification of the Structure of Supplement No. 7 to Part 748
Finally, in this rule, BIS amends Supplement No. 7 to part 748 to
modify its structure. BIS is modifying the Supplement to improve the
display and readability of the list of VEUs and their respective
eligible items and destinations.
The changes described in this rule are expected to further
facilitate exports to civilian end-users in the PRC, and are expected
to result in significant savings of time and resources for the VEU and
its eligible facilities. Authorization VEU eliminates the burden on
exporters and reexporters of preparing individual license applications,
as exports, reexports and transfers (in-country) of the specified
eligible items may now be made under general authorization instead of
under individual licenses. With the addition of HHGrace as a VEU,
exporters and reexporters can supply HHGrace much more quickly, thus
[[Page 32983]]
enhancing the competitiveness of both the VEU and its suppliers of U.S-
origin items.
To ensure appropriate facilitation of exports and reexports, on-
site reviews of VEUs, including HHGrace, may be warranted pursuant to
Section 748.15(f)(2) of the EAR and Section 7(iv) of Supplement No. 8
to part 748 of the EAR. If such a review is warranted, BIS will inform
the PRC Ministry of Commerce.
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 amended by
Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013),
and 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.
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 to, 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 they
are unnecessary. 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 merely updates the list of VEUs and their respective eligible
items and destinations. 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. 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 End-User Review
Committee 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.
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 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3) because the delay would be
contrary to the public interest. BIS is simply amending a VEU
authorization by updating the ``eligible items'' of the named end-user,
removing two currently authorized VEUs, and replacing those VEUs with
the addition of a new end-user--the new company resulting from the
merger of two existing VEUs. Delaying this action's effectiveness could
cause confusion with the VEU status of the list of companies identified
in this rule due to the changes made to that list. Accordingly, it is
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. As a result, no final regulatory flexibility
analysis is required and none has been prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
Dated: May 24, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration .
Accordingly, part 748 of the EAR (15 CFR parts 730-774) is amended
as follows:
[[Page 32984]]
PART 748--[AMENDED]
0
1. The authority citation for 15 CFR part 748 continues to read as
follows:
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. Revise Supplement No. 7 to part 748 to read 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 (by Eligible Federal register
Country Validated end-user 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 3319, 1/16/
3C002 and 3C004 215021. 13.
and Advanced Micro
``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, No.
of products under 2 Science
ECCN 4A003). Institute South
Rd., Zhong Guan
Cun, Haidian
District,
Beijing, China
100190.
Applied Materials These Items * Applied 72 FR 59164, 10/19/
(China), Inc. Authorized for Materials South 07.
those Applied East Asia Pte. 74 FR 19382, 4/29/
Materials Ltd., Shanghai 09.
Destinations Depot, c/o 75 FR 27185, 5/14/
Identified by one Shanghai Applied 10.
asterisk (*): Materials 77 FR 10953, 2/24/
2B006.b, 2B230, Technical Service 12.
2B350.g.3, Center, No. 2667,
2B350.i, 3B001.a, Zuchongzhi Road,
3B001.b, 3B001.c, Shanghai, China
3B001.e, 3B001.f, 201203.
3C001, 3C002, * Applied
3D002 (limited to Materials South
``software'' East Asia Pte.
specially Ltd., Beijing
designed for the Depot, c/o
``use'' of stored Beijing Applied
program Materials
controlled items Technical Service
classified under Center, No. 1
ECCN 3B001). North Di Sheng
Street, BDA,
Beijing, China
100176.
*Applied Materials
South East Asia
Pte. Ltd., Wuxi
Depot, c/o
Sinotrans Jiangsu
Fuchang Logistics
Co., Ltd., 1 Xi
Qin Road, Wuxi
Export Processing
Zone, Wuxi,
Jiangsu, China
214028.
Applied Materials
South East Asia
Pte. Ltd., Wuhan
Depot, c/o Wuhan
Optics Valley
Import & Export
Co., Ltd., No.
101 Guanggu Road,
East Lake High-
Tec Development
Zone, Wuhan,
Hubei, China
430074.
Applied Materials
(China), Inc.,
Shanghai Depot,
No. 2667,
Zuchongzhi Road,
Shanghai, China
201203.
* Applied
Materials
(China), Inc.,
Beijing Depot,
No. 1 North Di
Sheng Street,
BDA, Beijing,
China 100176.
[[Page 32985]]
These Items ** Applied
Authorized for Materials (Xi'an)
the Applied Ltd., No. 28 Xin
Materials Xi Ave., Xi'an
Destination High Tech Park,
Identified by two Export Processing
asterisks (**): Zone, Xi'an,
2B006.b, 2B230, Shaanxi, China
2B350.g.3, 710075.
2B350.i, 3B001.a,
3B001.b, 3B001.c,
3B001.e, 3B001.f,
3C001, 3C002,
3D002 (limited to
``software''
specially
designed for the
``use'' of stored
program
controlled items
classified under
ECCN 3B001), and
3E001 (limited to
``technology''
according to the
General
Technology Note
for the
``development''
or ``production''
of items
controlled by
ECCN 3B001).
Boeing Tianjin 1B001.f, 1D001 Boeing Tianjin 72 FR 59164, 10/19/
Composites Co. (limited to Composites Co. 07.
Ltd. ``software'' Ltd., No. 4-388 74 FR 19382, 4/29/
specially Heibei Road, 09.
designed or Tanggu Tianjin, 77FR 10953, 2/24/
modified for the China. 12.
``use'' of 77 FR 40258, 7/9/
equipment 12.
controlled by
1B001.f),
2B001.b.2
(limited to
machine tools
with accuracies
no better than
(i.e., not less
than) 13
microns), 2D001
(limited to
``software,''
other than that
controlled by
2D002, specially
designed or
modified for the
``use'' of
equipment
controlled by
2B001.b.2), and
2D002 (limited to
``software'' for
electronic
devices, even
when residing in
an electronic
device or system,
enabling such
devices or
systems to
function as a
``numerical
control'' unit,
capable of
coordinating
simultaneously
more than 4 axes
for ``contouring
control''
controlled by
2B001.b.2).
CSMC Technologies 1C350.c.3, CSMC Technologies 76 FR 2802, 1/18/
Corporation. 1C350.c.11, Fab 1 Co., Ltd., 11.
2B230.a, 2B230.b, 14 Liangxi Road, 76 FR 37634, 6/28/
2B350.f, 2B350.g, Wuxi, Jiangsu 11.
2B350.h, 3B001.e. 214061, China. 77 FR 10953, 2/24/
3B001.h (except CSMC Technologies 12.
for multilayer Fab 2 Co., Ltd., 78 FR 23472, 4/19/
masks with a 8 Xinzhou Rd. 13.
phase shift layer Wuxi National New 78 FR [INSERT PAGE
designed to Hi-Tech NUMBER], 6/3/13.
produce ``space Industrial
qualified'' Development Zone,
semiconductor Wuxi, Jiangsu
devices), 214028, China.
3C002.a, and
3C004.
[[Page 32986]]
Lam Research These Items * Lam Research 75 FR 62462, 10/12/
Corporation Authorized for International 10.
those Lam's Sarl (Lam 77 FR 10953, 2/24/
Destinations Shanghai 12.
Identified by a Warehouse), c/o 78 FR 3319, 1/16/
single asterisk HMG Supply Chain 13.
(*): 2B230, (Shanghai) Co.,
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.
* 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.
[[Page 32987]]
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.
Semiconductor 1C350.c.3, Semiconductor 72 FR 59164, 10/19/
Manufacturing 1C350.d.7, Manufacturing 07.
International 2B006.b.1, 2B230, International 75 FR 67029, 11/1/
Corporation. 2B350.d.2, (Shanghai) 10.
2B350.g.3, Corporation, 18 77 FR 10953, 2/24/
2B350.i.3, Zhang Jiang Rd., 12.
3B001.a, 3B001.b, Pudong New Area,
3B001.c, 3B001.e, Shanghai, China
3B001.f, 3C001, 201203.
3C002, 3C004, Semiconductor
5B002, and 5E002 Manufacturing
(limited to International
``technology'' (Tianjin)
according to the Corporation, 19
General Xing Hua Avenue,
Technology Note Xi Qing Economic
for the Development Area,
``production'' of Tianjin, China
integrated 300385.
circuits Semiconductor
controlled by Manufacturing
ECCN 5A002 that International
have been (Beijing)
classified by BIS Corporation, No.
as eligible for 18 Wen Chang
License Exception Road, Beijing
ENC under Economic-
paragraph (b)(2) Technological
or (b)(3) of Development Area,
section 740.17 of Beijing, China
the EAR, or 100176.
classified by BIS
as a mass market
item under
paragraph (b)(3)
of section 742.15
of the EAR).
[[Page 32988]]
Shanghai Huahong 1C350.c.3, Shanghai Huahong 78 FR [INSERT PAGE
Grace 1C350.d.7, 2B230, Grace NUMBER], 6/3/13.
Semiconductor 2B350.d.2, Semiconductor
Manufacturing 2B350.g.3, Manufacturing
Corporation. 2B350.i.4, Corporation--HFab
3B001.a.1, 2, 668
3B001.b, 3B001.c, Guoshoujing Road,
3B001.e, 3B001.f, Zhangjiang Hi-
3B001.h, 3C002, Tech Park,
3C004, 5B002, and Shanghai 201203
5E002 (limited to China.
production Shanghai Huahong
technology for Grace
integrated Semiconductor
circuits Manufacturing
controlled by Corporation--HFab
ECCNs 5A002 or 1, 1188 Chuanqiao
5A992 that have Road, Pudong,
been successfully Shanghai 201206
reviewed under China.
the encryption Shanghai Huahong
review process Grace
specified in Semiconductor
Sections Manufacturing
740.17(b)(2) or Corporation--GFab
740.17(b)(3) and 1, 1399
742.15 of the Zuchongzhi Road,
EAR). Zhangjiang Hi-
Tech Park,
Shanghai 201203
China.
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 3319, 1/16/
Wuxi, Jiangsu, 13.
China 214028.
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 3319, 1/16/
Wuxi, Jiangsu, 13.
China 214028.
----------------------------------------------------------------------------------------------------------------
India........................... GE India 1C002.a.1, GE India 74 FR 31620, 7/2/
Industrial Pvt 1C002.a.2, Technology Centre 09.
Ltd.. 1C002.b.1.a, Private Limited 74 FR 68147, 12/23/
1C002.b.1.b, (GEITC), No. 122, 09.
1E001, 2E003.f, EPIP, Phase II, 77 FR 10953, 2/24/
9E003.a.1, Hoodi Village, 12.
9E003.a.2, Whitefield Road,
9E003.a.4, Bangalore 560066,
9E003.a.5, Karnataka, India.
9E003.a.6, Bangalore
9E003.a.8, and Engineering
9E003.c. Center (BEC), c/o
GE India
Technology Centre
Private Limited
(GEITC), No. 122,
EPIP, Phase II,
Hoodi Village,
Whitefield Road,
Bangalore 560066,
Karnataka, India.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2013-13076 Filed 5-31-13; 8:45 am]
BILLING CODE 3510-33-P
