Order Denying Export Privileges, 29542-29543 [2018-13542]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 29542 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices permit significantly greater flexibility in the designation of new subzones or ‘‘usage-driven’’ FTZ sites for operators/ users located within a grantee’s ‘‘service area’’ in the context of the FTZ Board’s standard 2,000-acre activation limit for a zone. The application was submitted pursuant to 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 June 18, 2018. FTZ 9 was approved by the FTZ Board on February 15, 1965 (Board Order 65, 30 FR 2377, February 20, 1965); relocated on April 16, 1982 (Board Order 188, 47 FR 18014, April 27, 1982); and expanded on August 21, 1987 (Board Order 359, 52 FR 33458, September 3, 1987), November 16, 1988 (Board Order 399, 53 FR 47842, November 28, 1988), June 9, 1992 (Board Orders 580 and 581, 57 FR 27020, June 17, 1992), June 19, 1995 (Board Order 751, 60 FR 33187, June 27, 1995) and September 6, 2006 (Board Order 1477, 71 FR 54610, September 18, 2006). The current zone includes the following sites: Site 1 (17 acres)—Pier 2, 521 Ala Moana, Honolulu; Site 2 (1,033 acres)—James Campbell Industrial Park, Kalaeloa Boulevard and Malakole Street, Ewa, Oahu; Site 3 (109 acres)—Mililani Technology Park, 100 Kahelu Avenue, Mililani, Oahu; Site 4 (60 acres)—Maui Research & Technology Park, 1300 N. Holopono Street, Kihei, Maui; Site 5 (31 acres)—Hilo Industrial Park, 135 Operations Street, Hilo, Hawaii; Site 6 (27 acres)—Hawaii Fueling Facilities Corporation, 3201 Aolele Street, Honolulu, Oahu; Site 7 (7 acres)— Unicold Corporation, 3140 Ualena Street, Honolulu, Oahu; Site 8 (10 acres)—Hawaii Convention Center, 1801 Kalakaua Avenue, Honolulu, Oahu; and, Site 9 (870 acres)—Natural Energy Lab of Hawaii Authority, 73–4460 Queen Kaahumanu Highway #101, KailuaKona, Hawaii. The grantee’s proposed service area under the ASF would be the City and County of Honolulu, County of Hawaii, County of Kauai, and County of Maui, Hawaii, as described in the application. If approved, the grantee would be able to serve sites throughout the service area based on companies’ needs for FTZ designation. The application indicates that the proposed service area is within and adjacent to the Hilo and Kona (Hawaii), Kahului and Kihei (Maui), Honolulu (Oahu); and, Nawiliwili-Port Allen (Kauai) U.S. Customs and Border Protection ports of entry. The applicant is requesting authority to reorganize its zone to include existing Sites 2, 3, 4, 5 and 9 as ‘‘magnet’’ sites VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 and existing Sites 1, 6, 7 and 8 as usagedriven sites. The ASF allows for the possible exemption of one magnet site from the ‘‘sunset’’ time limits that generally apply to sites under the ASF, and the applicant proposes that Site 5 be so exempted. No additional ASF subzones/usage-driven sites are being requested at this time. The application would have no impact on FTZ 9’s previously authorized subzones. In accordance with the FTZ Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. 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 August 24, 2018. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to September 10, 2018. A copy of the application will be available for public inspection at the 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 website, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov or (202) 482–0862. Dated: June 19, 2018. Andrew McGilvray, Executive Secretary. [FR Doc. 2018–13538 Filed 6–22–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Order Denying Export Privileges In the Matter of: Fuyi Sun a/k/a Frank Sun, Inmate Number: 77362–054, Moshannon Valley Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866. On August 31, 2017, in the U.S. District Court for the Southern District of New York, Fuyi Sun, a/k/a Frank Sun (‘‘Sun’’), was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)) (‘‘IEEPA’’). Specifically, Sun knowingly and willfully attempted to export and cause to be exported from the United States to China Toray type M60JB–3000–50B carbon fiber, without PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 the required U.S. Department of Commerce licenses. Sun was sentenced to 36 months in prison, with credit for time served and a $100 assessment. 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. BIS has received notice of Sun’s conviction for violating the IEEPA, and has provided notice and an opportunity for Sun to make a written submission to BIS, as provided in Section 766.25 of the Regulations. BIS has not received a submission from Sun. 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 Sun’s export privileges under the Regulations for a period of 10 years from the date of Sun’s conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Sun 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)). E:\FR\FM\25JNN1.SGM 25JNN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices had an interest at the time of his conviction. Accordingly, it is hereby ordered: First, from the date of this Order until August 31, 2027, Fuyi Sun, a/k/a Frank Sun, with a last known address of Inmate Number—77362–054, Moshannon Valley Correctional Institution, 555 Geo Drive, Philipsburg, PA 16866, 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 VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 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 Sun 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, Sun 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 Sun, and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 31, 2027. Dated: June 13, 2018. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2018–13542 Filed 6–22–18; 8:45 am] BILLING CODE P International Trade Administration Advance Notification of Sunset Review; Correction Enforcement and Compliance, International Trade Administration, Department of Commerce. Background: On June 1, 2018, the Department of Commerce (Commerce) published the July 2018 Advance Sunset Review Notice,1 in which Commerce inadvertently listed the initiation of Lemon Juice from Argentina (A–357– 818) for July 2018. The sunset review of AGENCY: 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Review, 83 FR 25436 (June 1, 2018) (July 2018 Advance Sunset Review Notice). Frm 00016 Lemon Juice from Argentina is not scheduled to be initiated in July 2018; the error was based on a former suspension agreement, which was superseded by a new agreement on October 26, 2016.2 This notice serves to correct the July 2018 Advance Sunset Review Notice. There will be no sunset reviews initiated in July 2018, because Lemon Juice from Argentina was the only case for which a sunset review was scheduled. DATES: Applicable (June 1, 2018). FOR FURTHER INFORMATION CONTACT: Brenda E. Brown, Office of AD/CVD Operations, Customs and Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4735. This correction notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218 (c). Dated: June 20, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2018–13541 Filed 6–22–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG303 Caribbean Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: DEPARTMENT OF COMMERCE PO 00000 29543 Fmt 4703 Sfmt 4703 The Caribbean Fishery Management Council’s (Council) Scientific and Statistical Committee (SSC) will hold a 3-day meeting in July to discuss the items contained in the agenda in the SUPPLEMENTARY INFORMATION. SUMMARY: The meetings will be held from Tuesday, July 17, 2018, at 9 a.m., through Thursday, July 19, 2018, at 5 p.m. DATES: The meetings will be held at the Courtyard Marriott Isla Verde ADDRESSES: 2 See Lemon Juice from Argentina: Continuation of Suspension of Antidumping Investigation, 81 FR 74395 (October 26, 2016). E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Notices]
[Pages 29542-29543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13542]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Fuyi Sun a/k/a Frank Sun, Inmate Number: 
77362-054, Moshannon Valley Correctional Institution, 555 Geo Drive, 
Philipsburg, PA 16866.

    On August 31, 2017, in the U.S. District Court for the Southern 
District of New York, Fuyi Sun, a/k/a Frank Sun (``Sun''), was 
convicted of violating the International Emergency Economic Powers Act 
(50 U.S.C. 1701, et seq. (2012)) (``IEEPA''). Specifically, Sun 
knowingly and willfully attempted to export and cause to be exported 
from the United States to China Toray type M60JB-3000-50B carbon fiber, 
without the required U.S. Department of Commerce licenses. Sun was 
sentenced to 36 months in prison, with credit for time served and a 
$100 assessment.
    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 Sun's conviction for violating the 
IEEPA, and has provided notice and an opportunity for Sun to make a 
written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Sun.
    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 Sun's export privileges under the Regulations for 
a period of 10 years from the date of Sun's conviction. I have also 
decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Sun

[[Page 29543]]

had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until August 31, 2027, Fuyi Sun, 
a/k/a Frank Sun, with a last known address of Inmate Number--77362-054, 
Moshannon Valley Correctional Institution, 555 Geo Drive, Philipsburg, 
PA 16866, 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 Sun 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, Sun 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 Sun, and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until August 31, 2027.

    Dated: June 13, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-13542 Filed 6-22-18; 8:45 am]
 BILLING CODE P

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