Order Denying Export Privileges, 58995-58996 [2013-23306]
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Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Notices
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.
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
[B–83–2013]
mstockstill on DSK4VPTVN1PROD with NOTICES
Foreign-Trade Zone (FTZ) 138—
Columbus, Ohio; Notification of
Proposed Production Activity; Rolls
Royce Energy Systems, Inc. (Industrial
Gas Turbines, Power Generation
Turbines, and Generator Sets); Mount
Vernon, Ohio
Dated: September 18, 2013.
Andrew McGilvray,
Executive Secretary.
The Columbus Regional Airport
Authority, grantee of FTZ 138,
submitted a notification of proposed
production activity to the FTZ Board on
behalf of Rolls Royce Energy Systems,
Inc. (RRES), located in Mount Vernon,
Ohio. The notification conforming to the
requirements of the regulations of the
FTZ Board (15 CFR 400.22) was
received on September 5, 2013.
The RRES facility is located within
Site 25 of FTZ 138. The facility is used
for the production of industrial gas
turbines, power generation turbines, and
generator sets. Pursuant to 15 CFR
400.14(b), FTZ activity would be limited
to the specific foreign-status
components and specific finished
products described in the submitted
notification (as described below) and
subsequently authorized by the FTZ
Board.
Production under FTZ procedures
could exempt RRES from customs duty
payments on the foreign status
components used in export production.
On its domestic sales, RRES would be
able to choose the duty rates during
customs entry procedures that apply to
industrial gas turbines, power
generation turbines, generator sets, and
related parts (free, 2.4%, and 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 sourced from abroad
include: AC generators; industrial gas
turbines; turbine bases; acoustic
enclosures; gearboxes (transmissions);
and combustion liners (duty rates—
2.4%, 2.5%).
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
DEPARTMENT OF COMMERCE
VerDate Mar<15>2010
17:20 Sep 24, 2013
Jkt 229001
[FR Doc. 2013–23387 Filed 9–24–13; 8:45 am]
BILLING CODE 3510–DS–P
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Iman Kazerani, 153 Orient
Way, Rutherford, New Jersey 07070.
On January 30, 2013, in the U.S.
District Court, District of New Jersey,
Iman Kazerani (‘‘Kazerani’’) was
convicted of violating the International
Emergency Economic Powers Act (50
U.S.C. 1701, et seq. (2006 & Supp. IV
2010)) (‘‘IEEPA’’). Specifically, Kazerani
was convicted of knowingly and
willfully exporting and causing the
exportation of laptop computers from
the United States to Iran in violation of
the embargo imposed upon that country
by the United States, without having
first obtained the required licenses or
authorizations from the Office of
Foreign Assets Control, United States
Department of the Treasury. Kazerani
was sentenced to three years probation,
a $10,000 criminal fine and an
assessment of $100.
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
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 IEEPA (50 U.S.C. 1701, et seq. (2006 &
Supp. IV 2010)).
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
58995
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 Kazerani’s
conviction for violating the IEEPA, and
have provided notice and an
opportunity for Kazerani to make a
written submission to BIS, as provided
in Section 766.25 of the Regulations. I
have received a submission from
Kazerani. 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 Kazerani’s
export privileges under the Regulations
for a period of five years from the date
of Kazerani’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Kazerani had an interest at the
time of his conviction.
Accordingly, it is hereby
Ordered
I. Until January 30, 2018, Iman
Kazerani, with a last known address at:
153 Orient Way, Rutherford, New Jersey
07070, and when acting for or on behalf
of Kazerani, 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
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58996
Federal Register / Vol. 78, No. 186 / Wednesday, September 25, 2013 / Notices
that is subject to the Regulations, or in
any other activity subject to the
Regulations.
II. No person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
III. After notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Kazerani 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 January
30, 2018.
VI. In accordance with Part 756 of the
Regulations, Kazerani may file an
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17:20 Sep 24, 2013
Jkt 229001
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 Kazerani. This Order
shall be published in the Federal
Register.
Issued this 19th day of September 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–23306 Filed 9–24–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–601]
Tapered Roller Bearings from the
People’s Republic of China: Notice of
Court Decision Not in Harmony With
Final Results of Administrative Review
and Notice of Amended Final Results
of Administrative Review
International Trade
Administration, Department of
Commerce.
SUMMARY: On August 30, 2013, the
United States Court of International
Trade (‘‘CIT’’ or ‘‘Court’’) sustained the
Department of Commerce’s
(‘‘Department’’) final results of the
second remand redetermination 1
relating to the twentieth administrative
review of the antidumping duty order
on tapered roller bearings from the
People’s Republic of China (‘‘PRC’’), in
Peer Bearing Company—Changshan v.
United States, Court No. 09–00052, Slip.
Op. 13–116 (CIT 2013) (‘‘CPZ III’’).
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (‘‘CAFC’’) in Timken Co.
v. United States, 893 F.2d 337 (Fed. Cir.
1990) (‘‘Timken’’), as clarified by
Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir.
2010) (‘‘Diamond Sawblades’’), the
Department is notifying the public that
the final CIT judgment in this case is not
in harmony with the Department’s final
results and is amending its final results
of the administrative review of the
antidumping duty order on tapered
roller bearings from the PRC covering
the period of review (‘‘POR’’) of June 1,
2006, through May 31, 2007, with
respect to the weighted-average
AGENCY:
1 See
Final Results of Redetermination Pursuant
to Court Remand, Court No. 09–00052, Slip Op. 12–
102, dated October 2, 2012 (‘‘CPZ II Remand
Redetermination’’).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
dumping margin assigned to Peer
Bearing Company—Changshan (‘‘CPZ’’).
DATES: Effective Date: September 9,
2013.
FOR FURTHER INFORMATION CONTACT:
Brendan Quinn, Office 8, AD/CVD
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–5848.
SUPPLEMENTARY INFORMATION:
Background
Subsequent to the publication of the
Final Results 2 on January 22, 2009, CPZ
filed a complaint with the CIT to
challenge various aspects of the Final
Results.
On January 28, 2011, in Peer Bearing
Company—Changshan v. United States,
752 F. Supp. 2d 1353 (CIT 2011) (‘‘CPZ
I’’), the Court remanded the Final
Results and ordered that the
Department: a) re-determine CPZ’s
margin using U.S. prices calculated in a
manner that complies with the law,
either by employing the constructed
export price (‘‘CEP’’) methodology using
price and transaction data available on
the administrative record or re-opening
the record to obtain export price (‘‘EP’’)
information; and b) review, reconsider,
and re-determine surrogate values
(‘‘SVs’’) for alloy steel wire rod, alloy
steel bar, and scrap from the production
of cages, used to calculate CPZ’s factors
of production.
In response to CPZ I, the Department
issued the Final Results of
Redetermination Pursuant to Remand,
Court No. 09–00052, Slip Op. 11–11
(CIT 2011) on July 1, 2011 (‘‘CPZ I
Remand Redetermination’’). In the CPZ
I Remand Redetermination, the
Department determined: 1) that CPZ’s
dumping margin should be calculated
on an EP basis; 2) that CPZ was
unresponsive to the Department’s
requests for EP information; and 3) to
apply total adverse facts available
(‘‘AFA’’) to CPZ. As a result of the
determination to apply total AFA to
CPZ, the Department did not reach any
determination regarding SV issues
remanded by the Court in CPZ I.
On August 2, 2012, in Peer Bearing
Company—Changshan v. United States,
Court No. 09–00052, Slip Op. 12–102
(CIT 2012) (‘‘CPZ II’’), the Court
remanded the CPZ I Remand
Redetermination to the Department. In
2 Tapered Roller Bearings and Parts Thereof,
Finished and Unfinished, From the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review, 74 FR 3987 (January
22, 2009) (‘‘Final Results’’).
E:\FR\FM\25SEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 58995-58996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23306]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Iman Kazerani, 153 Orient Way, Rutherford, New
Jersey 07070.)
On January 30, 2013, in the U.S. District Court, District of New
Jersey, Iman Kazerani (``Kazerani'') was convicted of violating the
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.
(2006 & Supp. IV 2010)) (``IEEPA''). Specifically, Kazerani was
convicted of knowingly and willfully exporting and causing the
exportation of laptop computers from the United States to Iran in
violation of the embargo imposed upon that country by the United
States, without having first obtained the required licenses or
authorizations from the Office of Foreign Assets Control, United States
Department of the Treasury. Kazerani was sentenced to three years
probation, a $10,000 criminal fine and an assessment of $100.
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 IEEPA (50 U.S.C. 1701, et seq. (2006
& Supp. IV 2010)).
---------------------------------------------------------------------------
I have received notice of Kazerani's conviction for violating the
IEEPA, and have provided notice and an opportunity for Kazerani to make
a written submission to BIS, as provided in Section 766.25 of the
Regulations. I have received a submission from Kazerani. 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 Kazerani's export privileges under the Regulations for a period
of five years from the date of Kazerani's conviction. I have also
decided to revoke all licenses issued pursuant to the Act or
Regulations in which Kazerani had an interest at the time of his
conviction.
Accordingly, it is hereby
Ordered
I. Until January 30, 2018, Iman Kazerani, with a last known address
at: 153 Orient Way, Rutherford, New Jersey 07070, and when acting for
or on behalf of Kazerani, 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
[[Page 58996]]
that is subject to the Regulations, or in any other activity subject to
the Regulations.
II. No person may, directly or indirectly, do any of the following:
A. Export or reexport to or on behalf of the Denied Person any item
subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquires
or attempts to acquire such ownership, possession or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification or testing.
III. After notice and opportunity for comment as provided in
Section 766.23 of the Regulations, any other person, firm, corporation,
or business organization related to Kazerani 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 January 30, 2018.
VI. In accordance with Part 756 of the Regulations, Kazerani 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 Kazerani. This
Order shall be published in the Federal Register.
Issued this 19th day of September 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-23306 Filed 9-24-13; 8:45 am]
BILLING CODE P
