In the Matter of: Orville L. Parker, Jr., 2647 W. Walton Street, Chicago, IL 60622, Respondent; Order Relating to Orville L. Parker, Jr., 44524-44525 [2013-17824]
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Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, the Port of Corpus Christi
Authority, grantee of Foreign-Trade
Zone 122, submitted an application to
the Board (FTZ Docket B–15–2013,
docketed 02/20/2013) for authority to
reorganize under the ASF with a service
area of Nueces, San Patricio, Aransas,
Jim Wells, Kleberg and Bee Counties,
Texas, within and adjacent to the
Corpus Christi Customs and Border
Protection port of entry, and FTZ 122’s
existing Site 1 would be categorized as
a magnet site, existing Sites 3, 7 and 8
would be categorized as usage-driven
sites, and existing Site 4 would be
removed from the zone;
Whereas, notice inviting public
comment was given in the Federal
Register (78 FR 13015–13016, 02/26/
2013) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
orders:
The application to reorganize FTZ 122
under the ASF is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.13, to the Board’s
standard 2,000-acre activation limit for
the zone, and to a three-year ASF sunset
provision for usage-driven sites that
would terminate authority for Sites 3, 7
and 8 if no foreign-status merchandise
is admitted for a bona fide customs
purpose by July 31, 2016.
Signed at Washington, DC, this 16th day of
July 2013.
Paul Piquado,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–17699 Filed 7–23–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
sroberts on DSK5SPTVN1PROD with NOTICES
Bureau of Industry and Security
In the Matter of: Orville L. Parker, Jr.,
2647 W. Walton Street, Chicago, IL
60622, Respondent; Order Relating to
Orville L. Parker, Jr.
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Orville L. Parker, Jr., of
VerDate Mar<15>2010
16:35 Jul 23, 2013
Jkt 229001
Chicago, Illinois (‘‘Parker’’), of its
intention to initiate an administrative
proceeding against Parker pursuant to
Section 766.3 of the Export
Administration Regulations (the
‘‘Regulations’’),1 and Section 13(c) of
the Export Administration Act of 1979,
as amended (the ‘‘Act’’),2 through the
issuance of a Proposed Charging Letter
to Parker that alleges that Parker
committed two violations of the
Regulations. Specifically, the charges
are:
Charge 1 15 CFR 764.2(a): Engaging in
Prohibited Conduct by Exporting a Thermal
Imaging Camera Without the Required
License
On or about February 29, 2008, Parker
engaged in conduct prohibited by the
Regulations by exporting a thermal imaging
camera, an item subject to the Regulations,
classified under Export Control Classification
Number (‘‘ECCN’’) 6A003.b.4, controlled for
Regional Stability reasons, and valued at
approximately $4,050, from the United States
to Germany without the Department of
Commerce license required by Section
742.6(a)(1) of the Regulations. Parker stole
the thermal imaging camera from his thenemployer and subsequently advertised and
then sold the item on eBay. In order to avoid
detection by law enforcement, Parker
intentionally used someone else’s email
address when he listed the item for sale on
eBay while also falsely listing that the
thermal imaging camera was physically
located in Orlando, Florida. To further
conceal his activities, Parker intentionally
undervalued the thermal imaging camera at
the time of export to avoid filing a Shipper’s
Export Declaration with the United States
Government. In so doing, Parker committed
one violation of Section 764.2(a) of the
Regulations.
Charge 2 15 CFR 764.2(a): Engaging in
Prohibited Conduct by Failing To File a
Shipper’s Export Declaration or Automated
Export Systems Record
On or about February 29, 2008, in
connection with the unlicensed export
transaction described in Charge 1 above,
Parker engaged in conduct prohibited by the
Regulations when he failed to file a Shipper’s
Export Declaration (‘‘SED’’) or Automated
Export System (‘‘AES’’) record with the U.S.
Government. Pursuant to Section 758.1(b)(3)
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2013). The charged violations occurred in
2008. The Regulations governing the violations at
issue are found in the 2008 version of the Code of
Federal Regulations (15 CFR parts 730–774). The
2013 Regulations set forth the procedures that apply
to this matter.
2 50 U.S.C. app. §§ 2401–2420 (2000). Since
August 21, 2001, the Act has been in lapse and the
President, through Executive Order 13222 of August
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential
Notices, the most recent being that of August 15,
2012 (77 FR 49699 (Aug. 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).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
of the Regulations, an SED or AES record
must be filed with the U.S. Government for
all exports of commodities subject to the
Regulations when the value of the
commodity is over $2,500. Additionally,
Section 758.1(b)(2) requires the filing of a
SED or AES record for all exports subject to
the Regulations that require submission of a
license application, regardless of value or
destination. Based on his experience filling
out shipping air waybills Parker was aware
that an SED or AES record was required for
exports valued at over $2,500. Parker also
knew the thermal imaging camera, which he
had previously stolen from his thenemployer, was valued at approximately
$4,050. In order to avoid detection by law
enforcement Parker intentionally
undervalued the item to $2,400 in an attempt
to avoid the SED/AES record filing
requirement.
By failing to file the required SED or AES
record, Parker committed one violation of
Section 764.2(a) of the Regulations.
Whereas, BIS and Parker have entered
into a Settlement Agreement pursuant to
Section 766.18(a) of the Regulations,
whereby they agreed to settle this matter
in accordance with the terms and
conditions set forth therein; and
Whereas, I have approved of the terms
of such Settlement Agreement;
It is therefore ordered:
First, that for a period of ten (10) years
from the date of this Order, Orville L.
Parker, Jr., with a last known address of
2647 W. Walton Street, Chicago, IL
60622, and when acting for or on his
behalf, his successors, assigns,
representatives, agents, or employees
(hereinafter collectively referred to as
‘‘Denied Person’’), may not, directly or
indirectly, participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, or in any other activity
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.
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24JYN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Notices
Second, that 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.
Third, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulations, any
person, firm, corporation, or business
organization related to the Denied
Person by affiliation, ownership,
control, or position of responsibility in
the conduct of trade or related services
may also be made subject to the
provisions of the Order.
Fourth, that the Proposed Charging
Letter, the Settlement Agreement, and
this Order shall be made available to the
public.
Fifth, that this Order shall be served
on Parker, and shall be published in the
Federal Register.
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
VerDate Mar<15>2010
16:35 Jul 23, 2013
Jkt 229001
Issued: July 9, 2013.
David W. Mills,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2013–17824 Filed 7–23–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–849]
Certain Cut-to-Length Carbon Steel
Plate From the People’s Republic of
China: Preliminary Results of
Antidumping Administrative Review;
2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: July 24, 2013.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on certain cutto-length carbon steel plate (‘‘CTL
plate’’) from the People’s Republic of
China (‘‘PRC’’) for the period of review
(‘‘POR’’) November 1, 2011, through
October 31, 2012. This review covers
three PRC companies.1 The Department
preliminarily finds Hunan Valin did not
have reviewable transactions during the
POR. Further, the Department
preliminarily finds that the other two
respondents, Baosteel and Shanghai
Pudong, did not establish their
eligibility for separate rate status and,
thus, are part of the PRC-wide entity.
FOR FURTHER INFORMATION CONTACT: Jeff
Pedersen, AD/CVD Operations, Office 4,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–2769.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The product covered by the order is
certain cut-to-length carbon steel plate
from the PRC.2 This merchandise is
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Request for Revocation in Part, 77 FR 77017
(December 31, 2012). The companies under review
are as follows: Hunan Valin Xiangtan Iron & Steel
Co., Ltd. (‘‘Hunan Valin’’), Shanghai Pudong Iron
and Steel Co. (‘‘Shanghai Pudong’’), and the
company grouping Bao/Baoshan Iron and Steel
Corp., Baoshan International Trade Corp. and Bao
Steel Metals Trading Corp. (‘‘Baosteel’’).
2 See Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Certain Cut-to-Length Carbon Steel Plate
from the People’s Republic of China issued
concurrently with this notice for a complete
description of the Scope of the Order (‘‘Preliminary
Results Decision Memorandum’’).
PO 00000
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Fmt 4703
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44525
currently classified in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) under item numbers
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000,
7210.70.3000, 7212.40.5000,
7212.50.0000. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of the
order is dispositive.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (‘‘the Act’’). For a full
description of the methodology
underlying our conclusions, see
Preliminary Results Decision
Memorandum from Christian Marsh,
Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations to Paul Piquado, Assistant
Secretary for Import Administration,
dated concurrently with these results
and hereby adopted by this notice. This
memorandum is a public document and
is on file 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 Central
Records Unit, Room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Results Decision
Memorandum can be accessed directly
on the Internet at https://www.trade.gov/
ia/. The signed Preliminary Results
Decision Memorandum and the
electronic versions of the Preliminary
Results Decision Memorandum are
identical in content.
Preliminary Results of Review
The Department preliminarily
determines that Hunan Valin did not
have reviewable transactions during the
POR and that Baosteel and Shanghai
Pudong, did not establish their
eligibility for separate rate status and,
thus, are part of the PRC-wide entity.
Disclosure and Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments within 30 days of the date of
publication of this notice, pursuant to
19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case
briefs, will be due five days after the
due date for case briefs, pursuant to 19
CFR 351.309(d). Parties who submit
E:\FR\FM\24JYN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44524-44525]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17824]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Orville L. Parker, Jr., 2647 W. Walton Street,
Chicago, IL 60622, Respondent; Order Relating to Orville L. Parker, Jr.
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS''), has notified Orville L. Parker, Jr., of Chicago, Illinois
(``Parker''), of its intention to initiate an administrative proceeding
against Parker pursuant to Section 766.3 of the Export Administration
Regulations (the ``Regulations''),\1\ and Section 13(c) of the Export
Administration Act of 1979, as amended (the ``Act''),\2\ through the
issuance of a Proposed Charging Letter to Parker that alleges that
Parker committed two violations of the Regulations. Specifically, the
charges are:
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2013). The charged
violations occurred in 2008. The Regulations governing the
violations at issue are found in the 2008 version of the Code of
Federal Regulations (15 CFR parts 730-774). The 2013 Regulations set
forth the procedures that apply to this matter.
\2\ 50 U.S.C. app. Sec. Sec. 2401-2420 (2000). Since August 21,
2001, the Act has been in lapse and the President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential Notices, the most
recent being that of August 15, 2012 (77 FR 49699 (Aug. 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).
---------------------------------------------------------------------------
Charge 1 15 CFR 764.2(a): Engaging in Prohibited Conduct by Exporting a
Thermal Imaging Camera Without the Required License
On or about February 29, 2008, Parker engaged in conduct
prohibited by the Regulations by exporting a thermal imaging camera,
an item subject to the Regulations, classified under Export Control
Classification Number (``ECCN'') 6A003.b.4, controlled for Regional
Stability reasons, and valued at approximately $4,050, from the
United States to Germany without the Department of Commerce license
required by Section 742.6(a)(1) of the Regulations. Parker stole the
thermal imaging camera from his then-employer and subsequently
advertised and then sold the item on eBay. In order to avoid
detection by law enforcement, Parker intentionally used someone
else's email address when he listed the item for sale on eBay while
also falsely listing that the thermal imaging camera was physically
located in Orlando, Florida. To further conceal his activities,
Parker intentionally undervalued the thermal imaging camera at the
time of export to avoid filing a Shipper's Export Declaration with
the United States Government. In so doing, Parker committed one
violation of Section 764.2(a) of the Regulations.
Charge 2 15 CFR 764.2(a): Engaging in Prohibited Conduct by Failing To
File a Shipper's Export Declaration or Automated Export Systems Record
On or about February 29, 2008, in connection with the unlicensed
export transaction described in Charge 1 above, Parker engaged in
conduct prohibited by the Regulations when he failed to file a
Shipper's Export Declaration (``SED'') or Automated Export System
(``AES'') record with the U.S. Government. Pursuant to Section
758.1(b)(3) of the Regulations, an SED or AES record must be filed
with the U.S. Government for all exports of commodities subject to
the Regulations when the value of the commodity is over $2,500.
Additionally, Section 758.1(b)(2) requires the filing of a SED or
AES record for all exports subject to the Regulations that require
submission of a license application, regardless of value or
destination. Based on his experience filling out shipping air
waybills Parker was aware that an SED or AES record was required for
exports valued at over $2,500. Parker also knew the thermal imaging
camera, which he had previously stolen from his then-employer, was
valued at approximately $4,050. In order to avoid detection by law
enforcement Parker intentionally undervalued the item to $2,400 in
an attempt to avoid the SED/AES record filing requirement.
By failing to file the required SED or AES record, Parker
committed one violation of Section 764.2(a) of the Regulations.
Whereas, BIS and Parker have entered into a Settlement Agreement
pursuant to Section 766.18(a) of the Regulations, whereby they agreed
to settle this matter in accordance with the terms and conditions set
forth therein; and
Whereas, I have approved of the terms of such Settlement Agreement;
It is therefore ordered:
First, that for a period of ten (10) years from the date of this
Order, Orville L. Parker, Jr., with a last known address of 2647 W.
Walton Street, Chicago, IL 60622, and when acting for or on his behalf,
his successors, assigns, representatives, agents, or employees
(hereinafter collectively referred to as ``Denied Person''), may not,
directly or indirectly, participate in any way in any transaction
involving any commodity, software or technology (hereinafter
collectively referred to as ``item'') exported or to be exported from
the United States that is subject to the Regulations, or in any other
activity 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.
[[Page 44525]]
Second, that 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.
Third, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulations, any person, firm, corporation, or
business organization related to the Denied Person by affiliation,
ownership, control, or position of responsibility in the conduct of
trade or related services may also be made subject to the provisions of
the Order.
Fourth, that the Proposed Charging Letter, the Settlement
Agreement, and this Order shall be made available to the public.
Fifth, that this Order shall be served on Parker, and shall be
published in the Federal Register.
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Issued: July 9, 2013.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2013-17824 Filed 7-23-13; 8:45 am]
BILLING CODE P
