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]
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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
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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:
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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
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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.
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Fmt 4703
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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
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]]>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
