In the Matter of: Si Mong Park, 10386 East Painted Turtle Lane; Tucson, AZ 85747; Order Denying Export Privileges, 62989-62990 [2021-24806]

Download as PDF Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices Fourth, in accordance with Part 756 of the Regulations, Fleischer 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 Fleischer and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until August 4, 2024. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2021–24805 Filed 11–12–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security khammond on DSKJM1Z7X2PROD with NOTICES In the Matter of: Si Mong Park, 10386 East Painted Turtle Lane; Tucson, AZ 85747; Order Denying Export Privileges On September 14, 2020, in the U.S. District Court for the District of Columbia, Si Mong Park (‘‘Park’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778) (‘‘AECA’’). Specifically, Park was convicted of knowingly and willfully exporting and causing to be exported from the United States to South Korea, defense articles, that is, technical data related to launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs and mines, and technical data related to enumerated aircraft and aircraft related articles, which are all 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. Park was sentenced to 21 months in prison, 36 months of supervised release 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’’) 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. Park’s conviction post-dates ECRA’s enactment on August 13, 2018. VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 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 Park’s conviction for violating Section 38 of the AECA, and has provided notice and opportunity for Park 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 not received a written submission from Park. 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 Park’s export privileges under the Regulations for a period of seven years from the date of Park’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Park had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until September 14, 2027, Si Mong Park, with a last known address of 10386 East Painted Turtle Lane, Tucson, AZ 85747, 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 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 00006 Fmt 4703 Sfmt 4703 62989 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 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 Park 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, Park 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 Park and shall be published in the Federal Register. E:\FR\FM\15NON1.SGM 15NON1 62990 Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices Sixth, this Order is effective immediately and shall remain in effect until September 14, 2027. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2021–24806 Filed 11–12–21; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE changes in the final results of this review. Final Results of the Administrative Review In accordance with section 777A(e)(1) of the Act and 19 CFR 351.221(b)(5), we determine that Bessan did not receive countervailable subsidies during the POR: Subsidy rate (percent ad valorem) International Trade Administration Company [C–489–806] Certain Pasta From the Republic of Turkey: Final Results of Countervailing Duty Administrative Review; 2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Bessan Makarna Gida San. Ve Tic. A.S. (Bessan), a producer/exporter of certain pasta from the Republic of Turkey (Turkey) did not receive countervailable subsidies during the period of review (POR), January 1, 2019, through December 31, 2019. DATES: Applicable November 15, 2021. FOR FURTHER INFORMATION CONTACT: Brontee Jeffries or Theodore Pearson, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4656 or (202) 482–2631, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On August 3, 2021, Commerce published the Preliminary Results and invited parties to comment.1 No interested party submitted comments. Commerce conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). Scope of the Order 2 khammond on DSKJM1Z7X2PROD with NOTICES The merchandise covered by the order is pasta from Turkey. For a complete description of the scope, see the Preliminary Results.3 Changes Since the Preliminary Results As no party submitted comments on the Preliminary Results, we made no 1 See Certain Pasta from the Republic of Turkey: Preliminary Results of Countervailing Duty Administrative Review; 2019, 86 FR 41816 (August 3, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 See Preliminary Results PDM. 3 See Preliminary Results PDM. VerDate Sep<11>2014 16:42 Nov 12, 2021 Jkt 256001 Bessan Makarna Gida San. Ve Tic. A.S ................................... 0.00 Assessment Rates Commerce shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review, pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(2). Because we determined that Bessan did not receive countervailable subsidies in the final results of this review, we intend to instruct CBP to liquidate the appropriate entries without regard to countervailing duties in accordance with 19 CFR 351.212(b)(2) and 19 CFR 351.106(c)(1). Commerce intends to issue appropriate assessment instructions to CBP no earlier than 35 days after the date of this publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Cash Deposit Requirements Pursuant to section 751(a)(2)(C) of the Act, Commerce also intends to instruct CBP to collect cash deposits of estimated countervailing duties at the appropriate rates. For shipments of subject merchandise by Bessan entered, or withdrawn from warehouse, for consumption on or after the date of publication of these final results, the cash deposit rate will be zero. For all non-reviewed firms, CBP will continue to collect cash deposits of estimated countervailing duties at the most recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice. Administrative Protective Order This notice serves as a reminder to parties subject to administrative PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is sanctionable violation. Notification to Interested Parties The final results of this review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: November 8, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, Performing the Non-Exclusive Functions and Duties of The Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–24857 Filed 11–12–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–832] Pure Magnesium From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020–2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty (AD) order on pure magnesium from the People’s Republic of China (China). The period of review (POR) is May 1, 2020, through April 30, 2021. Commerce preliminarily determines that Tianjin Magnesium International Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) (collectively, TMI/TMM) did not have any shipments of subject merchandise during the POR. We invite interested parties to comment on these preliminary results. DATES: Applicable November 15, 2021. FOR FURTHER INFORMATION CONTACT: Deborah Cohen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4521. SUPPLEMENTARY INFORMATION: AGENCY: E:\FR\FM\15NON1.SGM 15NON1

Agencies

[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 62989-62990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24806]


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

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Si Mong Park, 10386 East Painted Turtle Lane; 
Tucson, AZ 85747; Order Denying Export Privileges

    On September 14, 2020, in the U.S. District Court for the District 
of Columbia, Si Mong Park (``Park'') was convicted of violating Section 
38 of the Arms Export Control Act (22 U.S.C. 2778) (``AECA''). 
Specifically, Park was convicted of knowingly and willfully exporting 
and causing to be exported from the United States to South Korea, 
defense articles, that is, technical data related to launch vehicles, 
guided missiles, ballistic missiles, rockets, torpedoes, bombs and 
mines, and technical data related to enumerated aircraft and aircraft 
related articles, which are all 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. Park was sentenced to 21 months in prison, 36 months 
of supervised release 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. Park's conviction post-dates ECRA's 
enactment on August 13, 2018.
---------------------------------------------------------------------------

    BIS received notice of Park's conviction for violating Section 38 
of the AECA, and has provided notice and opportunity for Park 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 not received a written submission from Park.
---------------------------------------------------------------------------

    \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 Park's export privileges under 
the Regulations for a period of seven years from the date of Park's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Park 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 September 14, 2027, Si 
Mong Park, with a last known address of 10386 East Painted Turtle Lane, 
Tucson, AZ 85747, 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 Park 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, Park 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 Park and shall be 
published in the Federal Register.

[[Page 62990]]

    Sixth, this Order is effective immediately and shall remain in 
effect until September 14, 2027.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021-24806 Filed 11-12-21; 8:45 am]
BILLING CODE 3510-DT-P
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