In the Matter of: Andy Lloyd Huebschmann, W1001 County Road HHH, Chilton, WI 53014; Order Denying Export Privileges, 51117-51118 [2021-19804]

Download as PDF tkelley on DSK125TN23PROD with NOTICES Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices Exporter Services has also decided to revoke any BIS-issued licenses in which O’Neal had an interest at the time of her conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until August 30, 2025, Katherine O’Neal, with a last known address of 4225 East Pikes Peak Avenue, Unit #43, Colorado Springs, CO 80909, and when acting for or on her behalf, her 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 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). VerDate Sep<11>2014 21:55 Sep 13, 2021 Jkt 253001 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 person, firm, corporation, or business organization related to O’Neal 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, O’Neal 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 O’Neal and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 30, 2025. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2021–19721 Filed 9–13–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Andy Lloyd Huebschmann, W1001 County Road HHH, Chilton, WI 53014; Order Denying Export Privileges On December 13, 2019, in the U.S. District Court for the Eastern District of Wisconsin, Andy Lloyd Huebschmann (‘‘Huebschmann’’), was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C 2778) (‘‘AECA’’). Specifically, Huebschmann was convicted of knowingly and willfully PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 51117 exporting and causing to be exported from the United States to Australia defense articles, that is a rifle kit including a Model GA 9mm lower receiver, upper receiver, barrel, trigger control group, bolt carrier, and pistol grip, 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 export or written authorization for such export. As a result of his conviction, Huebschmann was sentenced to 24 months in prison, supervised release for one year, a criminal fine of $15,000 and a $100 assessment. 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 Huebschmann’s conviction for violating Section 38 of the AECA, and has provided notice and opportunity for Huebschmann 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 received and granted Huebschmann’s requests for additional time, until March 31, 2021 and again until July 16, 2021, to provide a written response. BIS did not receive a written submission from Huebschmann within the allotted time. Based upon my review of the record and consultations with BIS’s Office of Exporter Services, including its Director, and the facts available to BIS, I have decided to deny Huebschmann’s export privileges under the Regulations for a period of 10 years from the date of Huebschmann’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Huebschmann had an interest at the time of his conviction.3 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. Huebschmann’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 E:\FR\FM\14SEN1.SGM Continued 14SEN1 tkelley on DSK125TN23PROD with NOTICES 51118 Federal Register / Vol. 86, No. 175 / Tuesday, September 14, 2021 / Notices Accordingly, it is hereby ordered: First, from the date of this Order until December 13, 2029, Andy Lloyd Huebschmann, with a last known address of W1001 County Road HHH, Chilton, WI 53014, 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, reexport, or transfer (incountry) 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 Regulations (85 Fed. Reg. 73411, November 18, 2020). VerDate Sep<11>2014 21:55 Sep 13, 2021 Jkt 253001 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 person, firm, corporation, or business organization related to Huebschmann 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, Huebschmann 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 Huebschmann and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until December 13, 2029. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2021–19804 Filed 9–13–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–956, C–570–957] Seamless Carbon and Alloy Steel Standard, Line and Pressure Pipe From the People’s Republic of China: Continuation of Antidumping Duty and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) and countervailing duty (CVD) AGENCY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 orders on seamless carbon and alloy steel standard, line and pressure pipe (SSLP) from the People’s Republic of China (China) would likely lead to a continuation or recurrence of dumping, countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD and CVD orders. DATES: Applicable September 14, 2021. FOR FURTHER INFORMATION CONTACT: Theodore Pearson or Zachary Shaykin, Office I or IV, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2631 or (202) 482–2638, respectively. SUPPLEMENTARY INFORMATION: Background On November 10, 2010, Commerce published in the Federal Register a notice of the AD and CVD orders on SSLP from China.1 On February 1, 2021, Commerce initiated,2 and the ITC instituted,3 the second sunset review of the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its reviews, Commerce determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the Orders would likely lead to continuation or recurrence of dumping and countervailable subsidies. Commerce therefore notified the ITC of the magnitude of the margins of dumping and subsidy rates likely to prevail should these Orders be revoked.4 On September 8, 2021, the 1 See Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order, 75 FR 69052 (November 10, 2010); see also Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe From the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 75 FR 69050 (November 10, 2010) (collectively, Orders). 2 See Initiation of Five-Year (Sunset) Review, 86 FR 7709 (February 1, 2021). 3 See Certain Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from China; Institution of Five-Year Reviews, 86 FR 7740 (February 1, 2021). 4 See Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China: Final Results of Second Expedited Sunset Review of Antidumping Duty Order, 86 FR 30262 (June 7, 2021), and accompanying Issues and Decision Memorandum; see also Seamless Carbon and Alloy Steel Standard, Line, and Pressure Pipe from the People’s Republic of China: Final Results of Expedited Second Sunset Review of the Countervailing Duty Order, 86 FR 29753 (June 3, 2021), and accompanying Issues and Decision Memorandum. E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51117-51118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19804]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Andy Lloyd Huebschmann, W1001 County Road HHH, 
Chilton, WI 53014; Order Denying Export Privileges

    On December 13, 2019, in the U.S. District Court for the Eastern 
District of Wisconsin, Andy Lloyd Huebschmann (``Huebschmann''), was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C 2778) (``AECA''). Specifically, Huebschmann was convicted of 
knowingly and willfully exporting and causing to be exported from the 
United States to Australia defense articles, that is a rifle kit 
including a Model GA 9mm lower receiver, upper receiver, barrel, 
trigger control group, bolt carrier, and pistol grip, 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 export or written authorization for such export. As a result 
of his conviction, Huebschmann was sentenced to 24 months in prison, 
supervised release for one year, a criminal fine of $15,000 and a $100 
assessment.
    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. Huebschmann's conviction post-dates 
ECRA's enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Huebschmann's conviction for violating 
Section 38 of the AECA, and has provided notice and opportunity for 
Huebschmann 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 received and granted 
Huebschmann's requests for additional time, until March 31, 2021 and 
again until July 16, 2021, to provide a written response. BIS did not 
receive a written submission from Huebschmann within the allotted time.
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    \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 and consultations with BIS's 
Office of Exporter Services, including its Director, and the facts 
available to BIS, I have decided to deny Huebschmann's export 
privileges under the Regulations for a period of 10 years from the date 
of Huebschmann's conviction. The Office of Exporter Services has also 
decided to revoke any BIS-issued licenses in which Huebschmann 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 Fed. Reg. 73411, November 
18, 2020).

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[[Page 51118]]

    Accordingly, it is hereby ordered:
    First, from the date of this Order until December 13, 2029, Andy 
Lloyd Huebschmann, with a last known address of W1001 County Road HHH, 
Chilton, WI 53014, 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, reexport, or transfer (in-country) 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 person, firm, corporation, or business organization related 
to Huebschmann 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, Huebschmann 
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 Huebschmann and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 13, 2029.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-19804 Filed 9-13-21; 8:45 am]
BILLING CODE 3510-DT-P