In the Matter of: Chris Rodriguez, 20 Liberty Drive, Thomasville, NC 27360; Order Denying Export Privileges, 29741-29742 [2021-11648]

Download as PDF Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices Dated: May 27, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–11631 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–04–2021] Foreign-Trade Zone (FTZ) 22— Chicago, Illinois; Authorization of Production Activity, AbbVie, Inc. (Pharmaceutical Products), North Chicago and Lake County, Illinois On January 27, 2021, AbbVie, Inc., submitted a notification of proposed production activity to the FTZ Board for its facilities within Subzone 22S, in North Chicago and Lake County, 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 (86 FR 7989, February 3, 2021). On May 27, 2021, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: May 27, 2021. Andrew McGilvray, Executive Secretary. [FR Doc. 2021–11630 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security khammond on DSKJM1Z7X2PROD with NOTICES In the Matter of: Chris Rodriguez, 20 Liberty Drive, Thomasville, NC 27360; Order Denying Export Privileges On October 18, 2019, in the U.S. District Court for the Eastern District of Virginia, Chris Rodriguez (‘‘Rodriguez’’), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778) (‘‘AECA’’). Specifically, Rodriguez was convicted of willfully attempting to export, exporting and causing to be exported from the United States to San Pedro Sula, Honduras, defense articles, that is 27 firearms and hundreds of rounds of ammunition, which were and are designated as defense articles on the United States Munitions List, without having first obtained from the Department of State, a license for such exports or written authorization for such VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 exports. Rodriguez was sentenced to 18 months in prison, supervised release for three years and a $100 assessment. Rodriguez was also placed on the U.S. Department of State Debarred List. Pursuant to Section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),1 the export privileges of any person who has been convicted of certain offenses, including, but not limited to, Section 38 of the AECA, may be denied for a period of up to ten (10) years from the date of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). In addition, any Bureau of Industry and Security (BIS) licenses or other authorizations issued under ECRA, in which the person had an interest at the time of the conviction, may be revoked. Id. BIS received notice of Rodriguez’s conviction for violating Section 38 of the AECA, and has provided notice and opportunity for Rodriguez to make a written submission to BIS, as provided in Section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR 766.25.2 BIS has received a written submission from Rodriguez. Based upon my review of the record, including Rodriguez’s written response, and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Rodriguez’s export privileges under the Regulations for a period of seven years from the date of Rodriguez’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Rodriguez had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until October 18, 2026, Chris Rodriguez, with a last known address of 20 Liberty Drive, Thomasville, NC 27360, 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 1 ECRA was enacted as part of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, and as amended is codified at 50 U.S.C. 4801–4852. Rodriguez’s conviction post-dates ECRA’s enactment on August 13, 2018. 2 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR Parts 730– 774 (2021). 3 The Director, Office of Export Enforcement, is now the authorizing official for issuance of denial orders, pursuant to recent amendments to the Regulations (85 FR 73411, November 18, 2020). PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 29741 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, pursuant to Section 1760(e) of the Export Control Reform Act (50 U.S.C. 4819(e)) and Sections 766.23 and 766.25 of the Regulations, any other E:\FR\FM\03JNN1.SGM 03JNN1 29742 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices person, firm, corporation, or business organization related to Rodriguez 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, Rodriguez 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 Rodriguez and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until October 18, 2026. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2021–11648 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [C–533–902] Organic Soybean Meal From India: Postponement of Preliminary Determination in the Countervailing Duty Investigation Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable June 3, 2021. FOR FURTHER INFORMATION CONTACT: Lauren Caserta, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4737. SUPPLEMENTARY INFORMATION: AGENCY: khammond on DSKJM1Z7X2PROD with NOTICES Background On April 20, 2021, the Department of Commerce (Commerce) initiated a countervailing duty (CVD) investigation of imports of organic soybean meal from India.1 Currently, the preliminary determination is due no later than June 25, 2021. Postponement of Preliminary Determination Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act), requires 1 See Organic Soybean Meal From India: Initiation of Countervailing Duty Investigation, 86 FR 22136 (April 27, 2021). VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 Commerce to issue the preliminary determination in a CVD investigation within 65 days after the date on which Commerce initiated the investigation. However, section 703(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 130 days after the date on which Commerce initiated the investigation if: (A) The petitioner 2 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On May 26, 2021, the petitioners submitted a timely request that Commerce postpone the preliminary CVD determination.3 The petitioners stated that they request postponement of the preliminary determination of this CVD investigation to provide Commerce with sufficient time to analyze adequately all alleged subsidies received by the mandatory respondents during the period of investigation.4 In accordance with 19 CFR 351.205(e), the petitioners stated the reasons for requesting a postponement of the preliminary determination, and Commerce finds no compelling reason to deny the request. Therefore, in accordance with section 703(c)(1)(A) of the Act, Commerce is postponing the deadline for the preliminary determination to no later than 130 days after the date on which this investigation was initiated, i.e., August, 30, 2021.5 Pursuant to section 705(a)(1) of the Act and 19 CFR 351.210(b)(1), the 2 The petitioners are: Organic Soybean Processors of America (OSPA) and American Natural Processors, LLC, Organic Production Services, LLC, Professional Proteins, Ltd., Sheppard Grain Enterprises LLC, Simmons Grain Company, Super Soy, LLC, and Tri-State Crush LLC. 3 See Petitioners’ Letter, ‘‘Organic Soybean Meal from India: Petitioners’ Request to Postpone the Countervailing Duty Investigation Preliminary Determination,’’ dated May 26, 2021. 4 Id. at 2. 5 Postponing the preliminary determination to 130 days after initiation would place the deadline on Saturday, August 28, 2021. Commerce’s practice dictates that where a deadline falls on a weekend or federal holiday, the appropriate deadline is the next business day. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: May 27, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–11670 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–560–838] Polyester Textured Yarn From Indonesia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures Enforcement and Compliance, International Trade Administration, Department of Commerce AGENCY: The Department of Commerce (Commerce) preliminarily determines that polyester textured yarn from Indonesia is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019, through September 30, 2020. Interested parties are invited to comment on this preliminary determination. SUMMARY: DATES: Applicable June 3, 2021. Toni Page or Peter Shaw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1398 or (202) 482–0697, respectively. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce initiated this LTFV investigation on November 17, 2020.1 On April 2, 2021, Commerce postponed the preliminary determination in this 1 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 74680 (November 23, 2020) (Initiation Notice). E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29741-29742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11648]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Chris Rodriguez, 20 Liberty Drive, Thomasville, 
NC 27360; Order Denying Export Privileges

    On October 18, 2019, in the U.S. District Court for the Eastern 
District of Virginia, Chris Rodriguez (``Rodriguez''), was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778) 
(``AECA''). Specifically, Rodriguez was convicted of willfully 
attempting to export, exporting and causing to be exported from the 
United States to San Pedro Sula, Honduras, defense articles, that is 27 
firearms and hundreds of rounds of ammunition, which were and are 
designated as defense articles on the United States Munitions List, 
without having first obtained from the Department of State, a license 
for such exports or written authorization for such exports. Rodriguez 
was sentenced to 18 months in prison, supervised release for three 
years and a $100 assessment. Rodriguez was also placed on the U.S. 
Department of State Debarred List.
    Pursuant to Section 1760(e) of the Export Control Reform Act 
(``ECRA''),\1\ the export privileges of any person who has been 
convicted of certain offenses, including, but not limited to, Section 
38 of the AECA, may be denied for a period of up to ten (10) years from 
the date of his/her conviction. 50 U.S.C. 4819(e) (Prior Convictions). 
In addition, any Bureau of Industry and Security (BIS) licenses or 
other authorizations issued under ECRA, in which the person had an 
interest at the time of the conviction, may be revoked. Id.
---------------------------------------------------------------------------

    \1\ ECRA was enacted as part of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019, and as amended is 
codified at 50 U.S.C. 4801-4852. Rodriguez's conviction post-dates 
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Rodriguez's conviction for violating Section 
38 of the AECA, and has provided notice and opportunity for Rodriguez 
to make a written submission to BIS, as provided in Section 766.25 of 
the Export Administration Regulations (``EAR'' or the ``Regulations''). 
15 CFR 766.25.\2\ BIS has received a written submission from Rodriguez.
---------------------------------------------------------------------------

    \2\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR Parts 730-774 (2021).
---------------------------------------------------------------------------

    Based upon my review of the record, including Rodriguez's written 
response, and consultations with BIS's Office of Exporter Services, 
including its Director, and the facts available to BIS, I have decided 
to deny Rodriguez's export privileges under the Regulations for a 
period of seven years from the date of Rodriguez's conviction. The 
Office of Exporter Services has also decided to revoke any BIS-issued 
licenses in which Rodriguez had an interest at the time of his 
conviction.\3\
---------------------------------------------------------------------------

    \3\ The Director, Office of Export Enforcement, is now the 
authorizing official for issuance of denial orders, pursuant to 
recent amendments to the Regulations (85 FR 73411, November 18, 
2020).
---------------------------------------------------------------------------

    Accordingly, it is hereby ordered:
    First, from the date of this Order until October 18, 2026, Chris 
Rodriguez, with a last known address of 20 Liberty Drive, Thomasville, 
NC 27360, 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, pursuant to Section 1760(e) of the Export Control Reform Act 
(50 U.S.C. 4819(e)) and Sections 766.23 and 766.25 of the Regulations, 
any other

[[Page 29742]]

person, firm, corporation, or business organization related to 
Rodriguez 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, Rodriguez 
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 Rodriguez and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until October 18, 2026.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-11648 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DT-P

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