In the Matter of: Erdal Kuyumcu, Inmate Number: 89148-053, FCI Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640; Order Denying Export Privileges, 17145-17146 [2018-08040]
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Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Erdal Kuyumcu,
Inmate Number: 89148–053, FCI Fort
Dix, P.O. Box 2000, Joint Base MDL, NJ
08640; Order Denying Export
Privileges
amozie on DSK30RV082PROD with NOTICES
On September 7, 2017, in the U.S.
District Court for the Eastern District of
New York, Erdal Kuyumcu
(‘‘Kuyumcu’’) was convicted of violating
the International Emergency Economic
Powers Act (50 U.S.C. 1701, et seq.
(2012)) (‘‘IEEPA’’). Specifically,
Kuyumcu knowingly and willfully
conspired to export from the United
States to Iran a metallic powder
composed of cobalt and nickel, without
having obtained the required U.S.
Government authorization. Kuyumcu
was sentenced to 57 months in prison,
three years of supervised release, a fine
of $7,000, and an assessment of $100.
Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
‘‘Regulations’’) 1 provides, in pertinent
part, that ‘‘[t]he Director of the Office of
Exporter Services, in consultation with
the Director of the Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of the EAA
[Export Administration Act], 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 Export Administration Act (‘‘EAA’’
or ‘‘the Act’’), 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
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2017). The Regulations issued pursuant to the
Export Administration Act (50 U.S.C. 4601–4623
(Supp. III 2015) (available at https://
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). 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 15,
2017 (82 FR 39005 (Aug. 16, 2017)), has continued
the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq. (2012)).
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17:31 Apr 17, 2018
Jkt 244001
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued pursuant to
the Act or Regulations, in which the
person had an interest in at the time of
his/her conviction.
BIS has received notice of Kuyumcu’s
conviction for violating the IEEPA, and
has provided notice and an opportunity
for Kuyumcu to make a written
submission to BIS, as provided in
Section 766.25 of the Regulations. BIS
has not received a submission from
Kuyumcu.
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 Kuyumcu’s
export privileges under the Regulations
for a period of 10 years from the date of
Kuyumcu’s conviction. I have also
decided to revoke all licenses issued
pursuant to the Act or Regulations in
which Kuyumcu had an interest at the
time of his conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 7, 2027, Erdal Kuyumcu,
with a last known address of Inmate
Number: 89148–053, FCI Fort Dix, P.O.
Box 2000, Joint Base MDL, NJ 08640,
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 engaging
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
from 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;
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Fmt 4703
Sfmt 4703
17145
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 Kuyumcu 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, Kuyumcu 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 Kuyumcu, and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 7, 2027.
E:\FR\FM\18APN1.SGM
18APN1
17146
Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Notices
Issued this 9th day of April 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
Corporation (SeAH) and NEXTEEL Co.,
Ltd. (NEXTEEL), producers/exporters of
certain oil country tubular goods
(OCTG) from the Republic of Korea
(Korea), sold subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR) September 1, 2015 through
August 31, 2016.
[FR Doc. 2018–08040 Filed 4–17–18; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
DATES:
U.S. Strategy to Address Trade-Related
Forced Localization Barriers Impacting
The U.S. ICT Hardware Manufacturing
Industry; Correction
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice; Correction.
AGENCY:
The International Trade
Administration published a document
in the Federal Register of April 12,
2018, concerning request for comments
to support development of a
comprehensive strategy to address
trade-related forced localization
policies, practices, and measures
impacting the U.S. information and
communications technology (ICT)
hardware manufacturing industry. The
document contained the incorrect
docket number.
DATES: Written comments must be
submitted on or before May 14, 2018.
Comments must be in English.
FOR FURTHER INFORMATION CONTACT: Cary
Ingram; 202–482–2872.
Correction: In the Federal Register of
April 12, 2018, in FR Doc. 2018–07584,
on page 15786, in the third column
under the ADDRESSES section, correct
the Docket Number to read: ITA–2018–
0001.
SUMMARY:
Dated: April 13, 2018.
Cary Ingram,
International Trade Specialist.
[FR Doc. 2018–08103 Filed 4–17–18; 8:45 am]
BILLING CODE 3510–DR–P
Applicable April 18, 2018.
FOR FURTHER INFORMATION CONTACT:
Deborah Scott or Michael J. Heaney,
AD/CVD Operations, Office VI,
Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2657 or
(202) 482–4475, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 10, 2017, Commerce
published the Preliminary Results of
this administrative review of OCTG
from Korea.1 We invited interested
parties to comment on the Preliminary
Results. Between November 30 and
December 8, 2017, Commerce received
timely filed briefs and rebuttal briefs
from various interested parties. On
January 19, 2018, Maverick Tube
Corporation and TenarisBayCity, and
United States Steel Corporation filed a
duty reimbursement allegation with
respect to NEXTEEL.2
Commerce exercised its discretion to
toll all deadlines affected by the closure
of the Federal Government from January
20 through 22, 2018.3 If the new
deadline falls on a non-business day, in
accordance with Commerce’s practice,
the deadline will become the next
business day. As a result, the revised
deadline for the final results of this
review was February 12, 2018. On
January 31, 2018, Commerce postponed
the final results of this review until
April 11, 2018.
DEPARTMENT OF COMMERCE
International Trade Administration
amozie on DSK30RV082PROD with NOTICES
[A–580–870]
Certain Oil Country Tubular Goods
From the Republic of Korea: Final
Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2015–
2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that SeAH Steel
AGENCY:
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17:31 Apr 17, 2018
Jkt 244001
1 See Certain Oil Country Tubular Goods from the
Republic of Korea: Preliminary Results of
Antidumping Duty Administrative Review; 2015–
2016, 82 FR 46963 (October 10, 2017) (Preliminary
Results), and accompanying Decision Memorandum
(Preliminary Decision Memorandum).
2 See Maverick Letter, ‘‘Oil Country Tubular
Goods from The Republic of Korea: Duty
Reimbursement and Further Information in Support
of Duties as a Cost Allegation,’’ dated January 19,
2018, refiled as ‘‘Oil Country Tubular Goods from
The Republic of Korea: Resubmission of Petitioners’
Duty Reimbursement and Further Information in
Support of Duties as a Cost Allegation,’’ dated
February 6, 2018.
3 See Memorandum, ‘‘Deadlines Affected by the
Shutdown of the Federal Government,’’ dated
January 23, 2018. All deadlines in this segment of
the proceeding have been extended by three days.
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Sfmt 4703
These final results cover 31
companies.4 Based on an analysis of the
comments received, Commerce has
made changes to the weighted-average
dumping margins determined for the
respondents. The weighted-average
dumping margins are listed in the
‘‘Final Results of Review’’ section,
below. Commerce conducted this
review in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order
The merchandise covered by the order
is certain OCTG, which are hollow steel
products of circular cross-section,
including oil well casing and tubing, of
iron (other than cast iron) or steel (both
carbon and alloy), whether seamless or
welded, regardless of end finish (e.g.,
whether or not plain end, threaded, or
threaded and coupled) whether or not
conforming to American Petroleum
Institute (API) or non-API
specifications, whether finished
(including limited service OCTG
products) or unfinished (including
green tubes and limited service OCTG
products), whether or not thread
protectors are attached. The scope of the
order also covers OCTG coupling stock.
For a complete description of the scope
of the order, see the Issues and Decision
Memorandum.5
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in this
review are addressed in the Issues and
Decision Memorandum, which is hereby
adopted with this notice. The issues are
identified in Appendix I to this notice.
The Issues and Decision Memorandum
is a public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and is
available to all parties in the Central
Records Unit, room B8024 of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
4 The 31 companies consist of two mandatory
respondents, four companies for which we made a
final determination of no shipments, and 25
companies not individually examined.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2015–
2016 Administrative Review of the Antidumping
Duty Order on Certain Oil Country Tubular Goods
from the Republic of Korea,’’ dated concurrently
with this notice (Issues and Decision
Memorandum).
E:\FR\FM\18APN1.SGM
18APN1
]]>Agencies
[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Notices]
[Pages 17145-17146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08040]
[[Page 17145]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Erdal Kuyumcu, Inmate Number: 89148-053, FCI
Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640; Order Denying Export
Privileges
On September 7, 2017, in the U.S. District Court for the Eastern
District of New York, Erdal Kuyumcu (``Kuyumcu'') was convicted of
violating the International Emergency Economic Powers Act (50 U.S.C.
1701, et seq. (2012)) (``IEEPA''). Specifically, Kuyumcu knowingly and
willfully conspired to export from the United States to Iran a metallic
powder composed of cobalt and nickel, without having obtained the
required U.S. Government authorization. Kuyumcu was sentenced to 57
months in prison, three years of supervised release, a fine of $7,000,
and an assessment of $100.
Section 766.25 of the Export Administration Regulations (``EAR'' or
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director
of the Office of Exporter Services, in consultation with the Director
of the Office of Export Enforcement, may deny the export privileges of
any person who has been convicted of a violation of the EAA [Export
Administration Act], 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
Export Administration Act (``EAA'' or ``the Act''), 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 pursuant to the Act or
Regulations, in which the person had an interest in at the time of his/
her conviction.
---------------------------------------------------------------------------
\1\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at https://uscode.house.gov))
(``EAA'' or ``the Act''). 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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), 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 Kuyumcu's conviction for violating the
IEEPA, and has provided notice and an opportunity for Kuyumcu to make a
written submission to BIS, as provided in Section 766.25 of the
Regulations. BIS has not received a submission from Kuyumcu.
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 Kuyumcu's export privileges under the Regulations
for a period of 10 years from the date of Kuyumcu's conviction. I have
also decided to revoke all licenses issued pursuant to the Act or
Regulations in which Kuyumcu had an interest at the time of his
conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until September 7, 2027, Erdal
Kuyumcu, with a last known address of Inmate Number: 89148-053, FCI
Fort Dix, P.O. Box 2000, Joint Base MDL, NJ 08640, 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 engaging 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 from 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 Kuyumcu 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, Kuyumcu 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 Kuyumcu, and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 7, 2027.
[[Page 17146]]
Issued this 9th day of April 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-08040 Filed 4-17-18; 8:45 am]
BILLING CODE P
