In the Matter of: Walter Anders, 10701 Huntersville Commons Drive, Suite C, Huntersville, NC 28078; Terand, Inc., 10701 Huntersville Commons Drive, Suite C, Huntersville, NC 28078, Respondents; Order Relating to Walter Anders and Terand, Inc., 55430-55431 [2016-19819]

Download as PDF 55430 Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Notices as known, and preferably two weeks prior to the meeting. Due to increased security and for access to the meeting, please call 301– 763–9906 upon arrival at the Census Bureau on the day of the meeting. A photo ID must be presented in order to receive your visitor’s badge. Visitors are not allowed beyond the first floor. Topics of discussion will include the following items: • 2020 Census Program Updates • Economic Programs Updates Æ 2017 Economic Census Æ Census of Governments Æ Improving Economic Statistics • Disclosure Avoidance Overview • Evidence Based Policy Making Commission Overview • CSAC Working Groups Progress Reports Dated: August 11, 2016. John H. Thompson, Director, Bureau of the Census. [FR Doc. 2016–19853 Filed 8–18–16; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–24–2016] mstockstill on DSK3G9T082PROD with NOTICES Foreign-Trade Zone (FTZ) 22— Chicago, Illinois, Authorization of Production Activity, Omron Automotive Electronics, Inc. (Automotive Electronic Components), St. Charles, Illinois On April 14, 2016, Omron Automotive Electronics, Inc. submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facility within FTZ 22—Site 41, in St. Charles, Illinois. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (81 FR 26200, May 2, 2016). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board’s regulations, including Section 400.14. Dated: August 12, 2016. Andrew McGilvray, Executive Secretary. [FR Doc. 2016–19862 Filed 8–18–16; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 18:08 Aug 18, 2016 Jkt 238001 DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Walter Anders, 10701 Huntersville Commons Drive, Suite C, Huntersville, NC 28078; Terand, Inc., 10701 Huntersville Commons Drive, Suite C, Huntersville, NC 28078, Respondents; Order Relating to Walter Anders and Terand, Inc. The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’), has notified Walter Anders (‘‘Anders’’) and Terand, Inc. (‘‘Terand’’) (collectively, referred to as ‘‘Terand/ Anders’’ or the ‘‘Respondents’’) of its intention to initiate an administrative proceeding against Respondents 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 Respondents that alleges that Respondents committed eight violations of the Regulations. Specifically, the charges are: Charges 1–8 15 CFR 764.2(b)—Causing, Aiding, and/or Abetting Unlicensed Exports of Controlled Carbon Fiber On at least eight occasions between on or about April 5, 2012, and on or about December 1, 2012, Terand/Anders caused, aided, and/or abetted the export of approximately 6,557 kg of U.S.-origin T300 carbon fiber to Singapore without the required BIS licenses. The T300 carbon fiber is subject to the Regulations, classified under Export Control Classification Number (‘‘ECCN’’) 1C210.a, and controlled for nuclear proliferation reasons, and was valued at approximately $288,736. Each of the eight exports required a license pursuant to Section 742.3 of the Regulations. Terand/Anders’ involvement in the transactions began soon after Performance Engineered Nonwovens, of Middletown, NY, was informed by BIS that its license to export T300 carbon fiber to Singapore was revoked based on concerns regarding the recipients of the items. Performance Engineered Nonwovens thereafter sought to camouflage 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2016). The violations alleged occurred in 2012. The Regulations governing the violations at issue are found in the 2012 version of the Code of Federal Regulations (15 CFR parts 730–774). The 2016 Regulations set forth the procedures that apply to this matter. 2 50 U.S.C. 4601–4623 (available at https:// uscode.house.gov/). 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 4, 2016 (81 FR 52587 (Aug. 8, 2016)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 its involvement in unlicensed exports of the carbon fiber to Singapore. Within weeks of the license revocation, Terand/Anders had agreed—following discussions between Anders, Terand’s president and sole employee, and Performance Engineered Nonwovens’ president, Peter Gromacki—that Terand would falsely act as the U.S. exporter of record for exports of the items to Singapore in return for a $1,400 commission for each successful export on Performance Engineered Nonwovens’ behalf. Aware of the license requirement, Terand/ Anders took various actions to cause, aid, and abet unlicensed exports of the items to Singapore, while seeking to minimize the risk that the U.S. Government would learn of Performance Engineered Nonwovens’ involvement in the transactions. Terand/ Anders created and issued commercial invoices on Terand letterhead that falsely named Terand as the exporter and falsely stated that: ‘‘This commodity technology exported from the United States is in accordance with the Export Administration Regulations.’’ Terand/Anders also acted as the intermediary between Performance Engineered Nonwovens/Gromacki and the freight forwarder, providing instructions to the forwarder, signing any required shipping documents, and receiving status reports on the progress of exports to Singapore. In addition, Terand’s name appeared as the U.S. Principal Party in Interest on each of the Shippers Export Declarations filed with the U.S. Government in connection with the eight exports at issue, including after the customer in Singapore refused to place additional purchase orders through Terand after the first five of the exports. On or about September 28, 2012, Performance Engineered Nonwovens/Gromacki assured Terand/ Anders that their crucial role in facilitating the unlawful exports, and their compensation for doing so, could nonetheless continue: Starting with today’s shipment, I accepted [the purchase order] under PEN [Performance Engineered Nonwovens] name but Terand can continue to serve as exporter of record as you have been doing. . . . You continue to play a crucial role. I cannot export without your help and hence the commission checks will continue to flow in your direction. I shall forward you a copy of each PO. Terand/Anders did, in fact, continue to falsely act as the U.S. exporter of record for the remaining three exports at issue. In so causing, aiding, and/or abetting eight exports of the items without the required BIS export licenses, Terand and Anders committed eight violations of Section 764.2(b) of the Regulations, for which they are jointly and severally liable. WHEREAS, BIS and Respondents 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; WHEREAS, I have approved of the terms of such Settlement Agreement; IT IS THEREFORE ORDERED: E:\FR\FM\19AUN1.SGM 19AUN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Notices FIRST, for a period of eight (8) years from the date of this Order, Walter Anders, with last known address 10701 Huntersville Commons Drive, Suite C, Huntersville, NC 28078, and when acting for or on his behalf, his successors, assigns, employees, representatives, or agents, and Terand, Inc., with a last known address of 10701 Huntersville Commons Drive, Suite C, Huntersville, NC 28078, and when acting for or on its behalf, its successors, assigns, directors, officers, employees, representatives, or agents (each a ‘‘Denied Person’’ and collectively the ‘‘Denied Persons’’), 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. SECOND, no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of a Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by a 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 a 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 a Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from a Denied Person in the United States any item subject to the Regulations with knowledge or reason VerDate Sep<11>2014 18:08 Aug 18, 2016 Jkt 238001 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 a Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by a 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, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any person, firm, corporation, or business organization related to a 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, Respondents shall not take any action or make or permit to be made any public statement, directly or indirectly, denying the allegations in the Proposed Charging Letter or the Order. The foregoing does not affect Respondents’ testimonial obligations in any proceeding, nor does it affect their right to take legal or factual positions in civil litigation or other civil proceedings in which the U.S. Department of Commerce is not a party. FIFTH, the Proposed Charging Letter, the Settlement Agreement, and this Order shall be made available to the public. SIXTH, this Order shall be served on Respondents, and shall be published in the Federal Register. This Order, which constitutes the final agency action in this matter, is effective immediately.3 Issued this 12th day of August, 2016. Richard R. Majauskas, Deputy Assistant Secretary of Commerce for Export Enforcement. [FR Doc. 2016–19819 Filed 8–18–16; 8:45 am] BILLING CODE P 3 Review and consideration of this matter has been delegated to the Deputy Assistant Secretary of Commerce for Export Enforcement. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 55431 DEPARTMENT OF COMMERCE International Trade Administration [A–533–869] Certain New Pneumatic Off-the-Road Tires From India: Negative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) preliminarily determines that certain new pneumatic off-the-road tires (‘‘OTR tires’’) from India are not being, or are not likely to be, sold in the United States at less than fair value (‘‘LTFV’’). The period of investigation (‘‘POI’’) is January 1, 2015, through December 31, 2015. The estimated weighted-average dumping margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective August 19, 2016. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6412, or (202) 482–4852, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department published the notice of initiation of this investigation on February 10, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and 1 See Certain New Pneumatic Off-the-Road Tires from India and the People’s Republic of China: Initiation of Less-Than-Fair-Value Investigations, 81 FR 7073 (February 10, 2016) (‘‘Initiation Notice’’). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for the Preliminary Determination in the Less-Than-FairValue Investigation of Certain New Pneumatic Offthe-Road Tires from India,’’ dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’). E:\FR\FM\19AUN1.SGM 19AUN1

Agencies

[Federal Register Volume 81, Number 161 (Friday, August 19, 2016)]
[Notices]
[Pages 55430-55431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19819]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Walter Anders, 10701 Huntersville Commons 
Drive, Suite C, Huntersville, NC 28078; Terand, Inc., 10701 
Huntersville Commons Drive, Suite C, Huntersville, NC 28078, 
Respondents; Order Relating to Walter Anders and Terand, Inc.

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS''), has notified Walter Anders (``Anders'') and Terand, Inc. 
(``Terand'') (collectively, referred to as ``Terand/Anders'' or the 
``Respondents'') of its intention to initiate an administrative 
proceeding against Respondents 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 Respondents that 
alleges that Respondents committed eight 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 (2016). The violations 
alleged occurred in 2012. The Regulations governing the violations 
at issue are found in the 2012 version of the Code of Federal 
Regulations (15 CFR parts 730-774). The 2016 Regulations set forth 
the procedures that apply to this matter.
    \2\ 50 U.S.C. 4601-4623 (available at https://uscode.house.gov/). 
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 4, 2016 (81 FR 52587 
(Aug. 8, 2016)), has continued the Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. 
(2012)).
---------------------------------------------------------------------------

Charges 1-8 15 CFR 764.2(b)--Causing, Aiding, and/or Abetting 
Unlicensed Exports of Controlled Carbon Fiber

    On at least eight occasions between on or about April 5, 2012, 
and on or about December 1, 2012, Terand/Anders caused, aided, and/
or abetted the export of approximately 6,557 kg of U.S.-origin T300 
carbon fiber to Singapore without the required BIS licenses. The 
T300 carbon fiber is subject to the Regulations, classified under 
Export Control Classification Number (``ECCN'') 1C210.a, and 
controlled for nuclear proliferation reasons, and was valued at 
approximately $288,736. Each of the eight exports required a license 
pursuant to Section 742.3 of the Regulations.
    Terand/Anders' involvement in the transactions began soon after 
Performance Engineered Nonwovens, of Middletown, NY, was informed by 
BIS that its license to export T300 carbon fiber to Singapore was 
revoked based on concerns regarding the recipients of the items. 
Performance Engineered Nonwovens thereafter sought to camouflage its 
involvement in unlicensed exports of the carbon fiber to Singapore. 
Within weeks of the license revocation, Terand/Anders had agreed--
following discussions between Anders, Terand's president and sole 
employee, and Performance Engineered Nonwovens' president, Peter 
Gromacki--that Terand would falsely act as the U.S. exporter of 
record for exports of the items to Singapore in return for a $1,400 
commission for each successful export on Performance Engineered 
Nonwovens' behalf.
    Aware of the license requirement, Terand/Anders took various 
actions to cause, aid, and abet unlicensed exports of the items to 
Singapore, while seeking to minimize the risk that the U.S. 
Government would learn of Performance Engineered Nonwovens' 
involvement in the transactions. Terand/Anders created and issued 
commercial invoices on Terand letterhead that falsely named Terand 
as the exporter and falsely stated that: ``This commodity technology 
exported from the United States is in accordance with the Export 
Administration Regulations.''
    Terand/Anders also acted as the intermediary between Performance 
Engineered Nonwovens/Gromacki and the freight forwarder, providing 
instructions to the forwarder, signing any required shipping 
documents, and receiving status reports on the progress of exports 
to Singapore. In addition, Terand's name appeared as the U.S. 
Principal Party in Interest on each of the Shippers Export 
Declarations filed with the U.S. Government in connection with the 
eight exports at issue, including after the customer in Singapore 
refused to place additional purchase orders through Terand after the 
first five of the exports. On or about September 28, 2012, 
Performance Engineered Nonwovens/Gromacki assured Terand/Anders that 
their crucial role in facilitating the unlawful exports, and their 
compensation for doing so, could nonetheless continue:
    Starting with today's shipment, I accepted [the purchase order] 
under PEN [Performance Engineered Nonwovens] name but Terand can 
continue to serve as exporter of record as you have been doing. . . 
. You continue to play a crucial role. I cannot export without your 
help and hence the commission checks will continue to flow in your 
direction. I shall forward you a copy of each PO.
    Terand/Anders did, in fact, continue to falsely act as the U.S. 
exporter of record for the remaining three exports at issue.
    In so causing, aiding, and/or abetting eight exports of the 
items without the required BIS export licenses, Terand and Anders 
committed eight violations of Section 764.2(b) of the Regulations, 
for which they are jointly and severally liable.

    WHEREAS, BIS and Respondents 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;
    WHEREAS, I have approved of the terms of such Settlement Agreement;
    IT IS THEREFORE ORDERED:

[[Page 55431]]

    FIRST, for a period of eight (8) years from the date of this Order, 
Walter Anders, with last known address 10701 Huntersville Commons 
Drive, Suite C, Huntersville, NC 28078, and when acting for or on his 
behalf, his successors, assigns, employees, representatives, or agents, 
and Terand, Inc., with a last known address of 10701 Huntersville 
Commons Drive, Suite C, Huntersville, NC 28078, and when acting for or 
on its behalf, its successors, assigns, directors, officers, employees, 
representatives, or agents (each a ``Denied Person'' and collectively 
the ``Denied Persons''), 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.
    SECOND, no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of a Denied Person any item 
subject to the Regulations;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by a 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 a 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 a Denied Person of any item subject to 
the Regulations that has been exported from the United States;
    D. Obtain from a 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 a Denied Person, or 
service any item, of whatever origin, that is owned, possessed or 
controlled by a 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, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any person, firm, corporation, or 
business organization related to a 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, Respondents shall not take any action or make or permit to 
be made any public statement, directly or indirectly, denying the 
allegations in the Proposed Charging Letter or the Order. The foregoing 
does not affect Respondents' testimonial obligations in any proceeding, 
nor does it affect their right to take legal or factual positions in 
civil litigation or other civil proceedings in which the U.S. 
Department of Commerce is not a party.
    FIFTH, the Proposed Charging Letter, the Settlement Agreement, and 
this Order shall be made available to the public.
    SIXTH, this Order shall be served on Respondents, and shall be 
published in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.\3\
---------------------------------------------------------------------------

    \3\ Review and consideration of this matter has been delegated 
to the Deputy Assistant Secretary of Commerce for Export 
Enforcement.

    Issued this 12th day of August, 2016.
Richard R. Majauskas,
Deputy Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2016-19819 Filed 8-18-16; 8:45 am]
 BILLING CODE P

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