Denial of Export Privileges; Sixing Liu, 58519-58520 [2013-23141]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Notices
materials and components used in
export production. On its domestic
sales, Benteler would be able to choose
the duty rate during customs entry
procedures that applies to bumper
assemblies, body reinforcement
assemblies, suspension parts, and subframes (2.5%) for the foreign status
inputs noted below. Customs duties also
could possibly be deferred or reduced
on foreign status production equipment.
The components and materials
sourced from abroad include: Metal
stampings (crash cans, reinforcement
plates, flange plates); bumper beams; toe
hooks; cross member shells; side tubes;
steel blanks; brackets; gussets; closing
plates; castings of aluminum; flat-rolled
steel; tapping plates; fasteners; hubbearing assemblies; metal knuckle
protective caps; control arms; stabilizer
links; struts; wheel carriers; snap rings;
drive flange hubs; bearings; backing
plates; and, adjuster nuts/spacers/blocks
(duty rate ranges from free to 5.8%).
Public comment is invited from
interested parties. Submissions shall be
addressed to the FTZ Board’s Executive
Secretary at the address below. The
closing period for their receipt is
November 4, 2013.
A copy of the notification will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact Pierre
Duy at Pierre.Duy@trade.gov or (202)
482–1378.
Dated: September 13, 2013.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2013–23202 Filed 9–23–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
mstockstill on DSK4VPTVN1PROD with NOTICES
Denial of Export Privileges; Sixing Liu
In the Matter of: Sixing Liu, a/k/a Steve
Liu, Inmate #43102–424, FCI Oxford, Federal
Correctional Institution, P.O. Box 1000,
Oxford, WI 53952
Order Denying Export Privileges
On March 26, 2013, in the U.S.
District Court for the District of New
Jersey, Sixing Liu, a/k/a Steve Liu
(‘‘Liu’’), was convicted of violating
Section 38 of the Arms Export Control
Act (22 U.S.C. 2778 (2006 & Supp. IV
VerDate Mar<15>2010
19:49 Sep 23, 2013
Jkt 229001
2010)) (‘‘AECA’’). Specifically, Liu was
convicted of knowingly and willfully
exporting and attempting to export to
the People’s Republic of China defense
articles, specifically, technical data on
the United States Munitions List related
to fire control, range finder, optical and
guidance and control equipment,
without having first obtained from the
U.S. Department of State a license or
written approval for such export. Liu
was sentenced to 70 months of
imprisonment, three years of supervised
release, a $15,000 criminal fine, and an
assessment of $900.00.
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. 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 Liu’s
conviction for violating the AECA, and
have provided notice and an
opportunity for Liu to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. I have
not received a submission from Liu.
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2013). 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 8, 2013 (78 FR 49107 (August
12, 2013)), 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 00009
Fmt 4703
Sfmt 4703
58519
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 Liu’s export
privileges under the Regulations for a
period of 10 years from the date of Liu’s
conviction. I have also decided to
revoke all licenses issued pursuant to
the Act or Regulations in which Liu had
an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until March 26, 2023, Sixing Liu, a/
k/a Steve Liu, with a last known address
at: Inmate Number #43102–424, FCI
Oxford, Federal Correctional Institution,
P.O. Box 1000, Oxford, WI 53952, and
when acting for or on behalf of Liu, 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
E:\FR\FM\24SEN1.SGM
24SEN1
58520
Federal Register / Vol. 78, No. 185 / Tuesday, September 24, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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 Liu 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.
V. This Order is effective immediately
and shall remain in effect until March
26, 2023.
VI. In accordance with Part 756 of the
Regulations, Liu 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 the Liu. This Order shall be
published in the Federal Register.
Issued this 18th day of September, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–23141 Filed 9–23–13; 8:45 am]
BILLING CODE P
VerDate Mar<15>2010
19:49 Sep 23, 2013
Jkt 229001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–557–805]
Extruded Rubber Thread From
Malaysia; Notice of Amended Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: [Insert date of
publication in the Federal Register].
FOR FURTHER INFORMATION CONTACT:
Elizabeth Eastwood, AD/CVD
Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC, 20230;
telephone (202) 482–3874.
SUPPLEMENTARY INFORMATION:
AGENCY:
Amended Final Results
On March 16, 1998, the Department of
Commerce (the Department) published
the final results of its administrative
review of the antidumping duty order
on extruded rubber thread from
Malaysia.1 The period of review (POR)
is October 1, 1995, through September
30, 1996.
Following the publication of the final
results, Heveafil Sdn. Bhd.2 and Filmax
Sdn. Bhd. (collectively, ‘‘Heveafil’’)
filed a lawsuit with the United States
Court of International Trade (CIT)
challenging the Department’s use of
adverse facts available (AFA) to
determine its dumping margin. On
February 28, 2001, the CIT affirmed the
Department’s Final Results in relevant
part.3
Heveafil appealed the CIT’s February
28, 2001, decision before the Court of
Appeals for the Federal Circuit (CAFC).
On March 19, 2003, the CAFC affirmed
the Department’s use of AFA to
determine Heveafil’s dumping margin in
the Final Results; however, it remanded
to the CIT the specific rate assigned as
AFA because the source of the
corroboration of this rate was
invalidated after the Final Results.4
1 See Extruded Rubber Thread From Malaysia;
Final Results of Antidumping Duty Administrative
Review, 63 FR 12752 (Mar. 16, 1998) (Final Results).
2 Heveafil Sdn. Bhd. is also known as Heveafil
Sdn.
3 See Heveafil et al. v. United States, Slip Op.
2001–23 (CIT 2001). While the CIT remanded to the
Department its duty absorption inquiry, on August
9, 2001, it affirmed the Department’s final results
of remand redetermination on this issue. As the
result of the remand redetermination, the
Department did not change Heveafil’s AFA rate.
4 See Heveafil Sdn. Bhd. v. U.S., 58 Fed. Appx.
843 (Fed. Cir. 2003).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
Pursuant to the CAFC’s decision, on
May 28, 2003, the CIT remanded this
case to the Department to assign a new
AFA margin to Heveafil.5 On September
4, 2003, the Department filed its remand
results with the Court, assigning
Heveafil a revised AFA margin of 52.89
percent.6
On June 25, 2013, the United States
and Heveafil entered into an agreement
to settle this dispute and requested a
stipulated judgment. On September 4,
2013, the CIT issued an order of
stipulated judgment. Consistent with
the June 2013 agreement and the
stipulated judgment, we will instruct
U.S. Customs and Border Protection to
liquidate all unliquidated entries of
certain extruded rubber thread from
Malaysia produced and/or exported by
Heveafil, and entered, or withdrawn
from warehouse, for consumption in the
United States during the POR at the rate
of duty in effect at the time of entry.
However, we are not establishing a
revised cash deposit rate for Heveafil
because the antidumping duty order on
extruded rubber thread from Malaysia
was revoked on August 24, 2004, with
an effective date of October 1, 2003.7
We are issuing this determination and
publishing these amended final results
and notice in accordance with 19 U.S.C.
1516a(e).
Dated: September 18, 2013.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–23208 Filed 9–23–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
U.S. Environmental Solutions Toolkit
International Trade
Administration, DOC.
ACTION: Notice and Request for
Comment.
AGENCY:
This notice sets forth a
request for input from U.S. businesses
capable of exporting their goods or
services relevant to (a) arsenic removal
SUMMARY:
5 See Heveafil Sdn. Bhd. and Filati Lastex Sdn.
Bhd. v. United States, Court No. 98–00908 (CIT May
28, 2003).
6 The Court had stayed this litigation pending the
outcome of a challenge to the effective date of the
revocation of the order on extruded rubber thread
from Malaysia. See Extruded Rubber Thread From
Malaysia; Notice of Final Results of Changed
Circumstances Review of the Antidumping Duty
Order and Intent To Revoke Antidumping Duty
Order, 69 FR 51989 (Aug. 24, 2004) (Revocation of
AD Order).
7 See Revocation of AD Order, 69 FR at 51989.
E:\FR\FM\24SEN1.SGM
24SEN1
]]>Agencies
[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Notices]
[Pages 58519-58520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23141]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Denial of Export Privileges; Sixing Liu
In the Matter of: Sixing Liu, a/k/a Steve Liu, Inmate
43102-424, FCI Oxford, Federal Correctional Institution,
P.O. Box 1000, Oxford, WI 53952
Order Denying Export Privileges
On March 26, 2013, in the U.S. District Court for the District of
New Jersey, Sixing Liu, a/k/a Steve Liu (``Liu''), was convicted of
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778
(2006 & Supp. IV 2010)) (``AECA''). Specifically, Liu was convicted of
knowingly and willfully exporting and attempting to export to the
People's Republic of China defense articles, specifically, technical
data on the United States Munitions List related to fire control, range
finder, optical and guidance and control equipment, without having
first obtained from the U.S. Department of State a license or written
approval for such export. Liu was sentenced to 70 months of
imprisonment, three years of supervised release, a $15,000 criminal
fine, and an assessment of $900.00.
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. 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.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2013). 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 8, 2013 (78 FR 49107 (August 12, 2013)), 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 Liu's conviction for violating the AECA,
and have provided notice and an opportunity for Liu to make a written
submission to BIS, as provided in Section 766.25 of the Regulations. I
have not received a submission from Liu.
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 Liu's export privileges under the Regulations for
a period of 10 years from the date of Liu's conviction. I have also
decided to revoke all licenses issued pursuant to the Act or
Regulations in which Liu had an interest at the time of his conviction.
Accordingly, it is hereby
Ordered
I. Until March 26, 2023, Sixing Liu, a/k/a Steve Liu, with a last
known address at: Inmate Number 43102-424, FCI Oxford, Federal
Correctional Institution, P.O. Box 1000, Oxford, WI 53952, and when
acting for or on behalf of Liu, 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
[[Page 58520]]
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 Liu 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.
V. This Order is effective immediately and shall remain in effect
until March 26, 2023.
VI. In accordance with Part 756 of the Regulations, Liu 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 the Liu. This Order
shall be published in the Federal Register.
Issued this 18th day of September, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-23141 Filed 9-23-13; 8:45 am]
BILLING CODE P
