In the Matter of: Sihai Cheng, a/k/a Alex Cheng, a/k/a Chun Hai Cheng, Inmate Number: 96454-038, FCI Terminal Island, Federal Correctional Institution, P.O. Box 3007, San Pedro, CA 90733; Order Denying Export Privileges, 16786-16787 [2017-06811]
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16786
Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Miriam Kearse,
Lead Program Analyst.
[FR Doc. 2017–06815 Filed 4–5–17; 8:45 am]
BILLING CODE 3510–WH–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–20–2017]
mstockstill on DSK3G9T082PROD with NOTICES
Foreign-Trade Zone (FTZ) 43—Battle
Creek, Michigan Notification of
Proposed Production Activity, Mead
Johnson & Company, LLC, dba Mead
Johnson Nutritional, Subzone 43B,
(Infant Formula/Nutritional Products),
Zeeland, Michigan
Mead Johnson & Company, LLC, dba
Mead Johnson Nutritional (Mead
Johnson) submitted a notification of
proposed production activity to the FTZ
Board for its facilities in Zeeland,
Michigan, within Subzone 43B. The
notification conforming to the
requirements of the regulations of the
FTZ Board (15 CFR 400.22) was
received on March 27, 2017.
Mead Johnson already has authority
to produce within Subzone 43B infant
formula/nutritional products subject to
a restriction requiring all foreign-origin
dairy products admitted to the subzone
to be re-exported (sugar is of domestic
origin). The current request would add
a foreign-status material (lactose) to the
scope of authority. Pursuant to 15 CFR
400.14(b), additional FTZ authority
would be limited to the specific foreignstatus material described in the
submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt Mead Johnson from
customs duty payments on the foreignstatus lactose used in export production.
On its domestic sales, Mead Johnson
would be able to choose the duty rates
during customs entry procedures that
apply to infant formula/nutritional
products (duty rates range between
6.4% ¥ $1.035/kg + 14.9%) authorized
by the FTZ Board for the foreign-status
lactose (6.4%). Customs duties also
could possibly be deferred or reduced
on foreign-status production equipment.
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 May
16, 2017.
A copy of the notification will be
available for public inspection at the
VerDate Sep<11>2014
18:51 Apr 05, 2017
Jkt 241001
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the FTZ
Board’s Web site, which is accessible
via www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane.Finver@trade.gov or
(202) 482–1367.
Dated: April 3, 2017.
Andrew McGilvray,
Executive Secretary.
21013, U.S. Department of Commerce,
1401 Constitution Avenue NW.,
Washington, DC 20230–0002, and in the
‘‘Reading Room’’ section of the Board’s
Web site, which is accessible via
www.trade.gov/ftz.
For further information, contact
Elizabeth Whiteman at
Elizabeth.Whiteman@trade.gov or (202)
482–0473.
Dated: April 3, 2017.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2017–06833 Filed 4–5–17; 8:45 am]
[FR Doc. 2017–06834 Filed 4–5–17; 8:45 am]
BILLING CODE 3510–DS–P
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[S–51–2017]
Foreign-Trade Zone 37—Orange
County, New York; Application for
Subzone; Expeditors International of
Washington, Inc.; Inwood, New York
An application has been submitted to
the Foreign-Trade Zones Board (the
Board) by the County of Orange, grantee
of FTZ 37, requesting subzone status for
the facility of Expeditors International
of Washington, Inc., located in Inwood,
New York. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the Board (15 CFR part
400). It was formally docketed on April
3, 2017.
The proposed subzone (10 acres) is
located at 245 Roger Avenue, Inwood,
Nassau County. No authorization for
production activity has been requested
at this time. The proposed subzone
would be subject to the existing
activation limit of FTZ 37.
In accordance with the Board’s
regulations, Elizabeth Whiteman of the
FTZ Staff is designated examiner to
review the application and make
recommendations to the Executive
Secretary.
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary at the address below. The
closing period for their receipt is May
16, 2017. Rebuttal comments in
response to material submitted during
the foregoing period may be submitted
during the subsequent 15-day period to
May 31, 2017.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room
PO 00000
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Bureau of Industry and Security
In the Matter of: Sihai Cheng, a/k/a
Alex Cheng, a/k/a Chun Hai Cheng,
Inmate Number: 96454–038, FCI
Terminal Island, Federal Correctional
Institution, P.O. Box 3007, San Pedro,
CA 90733; Order Denying Export
Privileges
On January 27, 2016, in the U.S.
District Court, District of Massachusetts,
Sihai Cheng, a/k/a Alex Cheng, a/k/a
Chu Hai Cheng (‘‘Cheng’’) was
convicted of violating the International
Emergency Economic Powers Act (50
U.S.C. 1701, et seq. (2012)) (‘‘IEEPA’’).
Specifically, Cheng knowingly and
willfully conspired, combined and
confederated and agreed with other
persons known and unknown to export
and cause the export of U.S. origin
goods, that is, MKS pressure transducers
(manometer types 722A and 722B), from
the United States to the Islamic
Republic of Iran without first having
obtained the required licenses and
authorizations from the the United
States Department of Treasury, Office of
Foreign Assets Control. Cheng was
sentenced to nine years in prison and an
assessment of $600.00.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
part, that ‘‘[t]he Director of the Office of
Exporter Services, in consultation with
the Director of the Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of the Export
1 50 U.S.C. 4601–4623 (Supp. III 2015) (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 52,587 (Aug.
8, 2016)), has continued the Regulations in effect
under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012)).
E:\FR\FM\06APN1.SGM
06APN1
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Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Notices
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. 4610(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. 4610(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.
BIS has received notice of Cheng’s
conviction for violating IEEPA, and in
accordance with Section 766.25 of the
Regulations, BIS has provided notice
and an opportunity for Cheng to make
a written submission to BIS. BIS has not
received a submission from Cheng.
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 Cheng’s export
privileges under the Regulations for a
period of 10 years from the date of
Cheng’s conviction. I have also decided
to revoke all licenses issued pursuant to
the Act or Regulations in which Cheng
had an interest at the time of his
conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until
January 27, 2026, Sihai Cheng, a/k/a
Alex Cheng, a/k/a Chun Hai Cheng,
with a last known address of Inmate
Number: 96454–038, FCI Terminal
Island, Federal Correctional Institution,
P.O. Box 3007, San Pedro, CA 90733,
and when acting for or on his behalf, his
successors, assigns, employees, agents
or representatives (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,
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18:51 Apr 05, 2017
Jkt 241001
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 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.
Third, 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 Cheng by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
PO 00000
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Fmt 4703
Sfmt 4703
16787
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with part 756 of
the Regulations, Cheng 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.
Fifth, a copy of this Order shall be
delivered to the Cheng. This Order shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until January 27, 2026.
Dated: Issued this 31st day of March, 2017.
Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2017–06811 Filed 4–5–17; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Juan Jose Estrada,
Inmate Number: 53358–379, Big
Spring, Correctional Institution, 2001
Rickabaugh Drive, Big Spring, TX
79720; Order Denying Export
Privileges
On July 25, 2014, in the U.S. District
Court for the Southern District of Texas,
Juan Jose Estrada (‘‘Estrada’’), was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
§ 2778 (2012)) (‘‘AECA’’). Specifically,
Estrada knowingly and intentionally
conspired and agreed to knowingly and
willfully export, attempt to export, and
cause to be exported into Mexico from
the United States a defense article, that
is: A Browning Model 1919, .30 caliber,
semi-automatic rifle, which was
designated as a defense article on the
United States Munitions List, without
having first obtained from the
Department of State a license for such
export or written authorization for such
export. Estrada was sentenced 46
months in prison, one year of
supervised release, and a $100
assessment.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2016). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. §§ 4601–4623
(Supp. III 2015) (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
E:\FR\FM\06APN1.SGM
Continued
06APN1
Agencies
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Notices]
[Pages 16786-16787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06811]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Sihai Cheng, a/k/a Alex Cheng, a/k/a Chun Hai
Cheng, Inmate Number: 96454-038, FCI Terminal Island, Federal
Correctional Institution, P.O. Box 3007, San Pedro, CA 90733; Order
Denying Export Privileges
On January 27, 2016, in the U.S. District Court, District of
Massachusetts, Sihai Cheng, a/k/a Alex Cheng, a/k/a Chu Hai Cheng
(``Cheng'') was convicted of violating the International Emergency
Economic Powers Act (50 U.S.C. 1701, et seq. (2012)) (``IEEPA'').
Specifically, Cheng knowingly and willfully conspired, combined and
confederated and agreed with other persons known and unknown to export
and cause the export of U.S. origin goods, that is, MKS pressure
transducers (manometer types 722A and 722B), from the United States to
the Islamic Republic of Iran without first having obtained the required
licenses and authorizations from the the United States Department of
Treasury, Office of Foreign Assets Control. Cheng was sentenced to nine
years in prison and an assessment of $600.00.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the Export
[[Page 16787]]
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. 4610(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.
4610(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\ 50 U.S.C. 4601-4623 (Supp. III 2015) (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 52,587 (Aug. 8, 2016)), has continued the
Regulations in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq. (2012)).
---------------------------------------------------------------------------
BIS has received notice of Cheng's conviction for violating IEEPA,
and in accordance with Section 766.25 of the Regulations, BIS has
provided notice and an opportunity for Cheng to make a written
submission to BIS. BIS has not received a submission from Cheng.
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 Cheng's export privileges under the Regulations
for a period of 10 years from the date of Cheng's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Cheng had an interest at the time of his
conviction.
Accordingly, it is hereby Ordered:
First, from the date of this Order until January 27, 2026, Sihai
Cheng, a/k/a Alex Cheng, a/k/a Chun Hai Cheng, with a last known
address of Inmate Number: 96454-038, FCI Terminal Island, Federal
Correctional Institution, P.O. Box 3007, San Pedro, CA 90733, and when
acting for or on his behalf, his successors, assigns, employees, agents
or representatives (the ``Denied Person''), may not, directly or
indirectly, participate in any way in any transaction involving any
commodity, software or technology (hereinafter collectively referred to
as ``item'') exported or to be exported from the United States that is
subject to the Regulations, including, but not limited to:
A. Applying for, obtaining, or using any license, License
Exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or in any other
activity subject to the Regulations; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or in any other activity subject to the Regulations.
Second, 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.
Third, 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 Cheng by ownership, control,
position of responsibility, affiliation, or other connection in the
conduct of trade or business may also be made subject to the provisions
of this Order in order to prevent evasion of this Order.
Fourth, in accordance with part 756 of the Regulations, Cheng 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.
Fifth, a copy of this Order shall be delivered to the Cheng. This
Order shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until January 27, 2026.
Dated: Issued this 31st day of March, 2017.
Hillary Hess,
Acting Director, Office of Exporter Services.
[FR Doc. 2017-06811 Filed 4-5-17; 8:45 am]
BILLING CODE P