Order Denying Export Privileges, 58995-58996 [2013-23306]

Download as PDF 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 E:\FR\FM\25SEN1.SGM 25SEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 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 25SEN1

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]


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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