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]

Download as PDF 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 Frm 00008 Fmt 4703 Sfmt 4703 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 mstockstill on DSK3G9T082PROD with NOTICES 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, VerDate Sep<11>2014 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 Frm 00009 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]


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

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
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