Denial of Export Privileges; Sixing Liu, 58519-58520 [2013-23141]

Download as PDF 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]


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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