Order Denying Export Privileges; In the Matter of: Wei Sun, 7146 W. Fall Haven Way, Tucson, AZ 85757, 54956-54957 [2022-19447]

Download as PDF 54956 Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices 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 ECRA and Sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to DeLeon 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, DeLeon 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 DeLeon and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until January 21, 2028. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2022–19446 Filed 9–7–22; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE Bureau of Industry and Security khammond on DSKJM1Z7X2PROD with NOTICES Order Denying Export Privileges; In the Matter of: Wei Sun, 7146 W. Fall Haven Way, Tucson, AZ 85757 On November 17, 2020 in the U.S. District Court for the District of Arizona, Wei Sun (‘‘Sun’’) was convicted of violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778) (‘‘AECA’’). Sun was convicted of knowingly and willfully exporting from the United States to China, technical data, specifically, two files of computer data contained in an HP Elitebook 840 computer possessed by Sun, controlled under the International Traffic in Arms Regulations and the United State 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, the Court sentenced Sun to 38 months in prison, three years of supervised release and a $100 special assessment. The Department of State also added Sun to its list of debarred parties. VerDate Sep<11>2014 18:19 Sep 07, 2022 Jkt 256001 Pursuant to section 1760(e) of the Export Control Reform Act (‘‘ECRA’’), 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. See 50 U.S.C. 4819(e). 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 Sun’s conviction for violating Section 38 of the AECA. BIS provided notice and opportunity for Sun to make a written submission to BIS, as provided in section 766.25 of the Export Administration Regulations (‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR 766.25.1 BIS has not received a written submission from Sun. 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 Sun’s export privileges under the Regulations for a period of 10 years from the date of Sun’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Sun had an interest at the time of his conviction.2 Accordingly, it is hereby ordered: First, from the date of this Order until November 17, 2030, Wei Sun, with a last known address of: 7146 W. Fall Haven Way, Tucson, AZ 85757, 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 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730– 774 (2022). 2 The Director, Office of Export Enforcement, is the authorizing official for issuance of denial orders, pursuant to recent amendments to the Regulations (85 FR 73411, November 18, 2020). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 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 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 ECRA (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 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. E:\FR\FM\08SEN1.SGM 08SEN1 Federal Register / Vol. 87, No. 173 / Thursday, September 8, 2022 / Notices 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 Sun and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until November 17, 2030. John Sonderman, Director, Office of Export Enforcement. [FR Doc. 2022–19447 Filed 9–7–22; 8:45 am] BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [[A–533–871] Finished Carbon Steel Flanges From India: Preliminary Results of Antidumping Duty Administrative Review; 2020–2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR) August 1, 2020, through July 31, 2021. Interested parties are invited to comment on these preliminary results. DATES: Applicable September 8, 2022. FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2924 or (202) 482–5041, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background khammond on DSKJM1Z7X2PROD with NOTICES On August 24, 2017, Commerce published in the Federal Register the VerDate Sep<11>2014 18:19 Sep 07, 2022 Jkt 256001 antidumping duty order on finished carbon steel flanges from India.1 On August 2, 2021, Commerce published a notice of opportunity to request an administrative review of the Order.2 Between August 12 and 30, 2021, Commerce received timely requests for an administrative review from the petitioners,3 Norma Group,4 R.N. Gupta & Co. Ltd. (RNG), Munish Forge Private 1 See Finished Carbon Steel Flanges from India and Italy: Antidumping Duty Orders, 82 FR 40136 (August 24, 2017) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 86 FR 41436, 41437 (August 2, 2021). 3 The petitioners are Weldbend Corporation and Boltex Manufacturing Co., L.P. 4 In prior segments of this proceeding, we determined that Norma (India) Limited, USK Exports Private Limited, Uma Shanker Khandelwal & Co., and Bansidhar Chiranjilal were affiliated and should be collapsed and treated as a single entity (Norma Group). See Finished Carbon Steel Flanges from India: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 82 FR 9719 (February 8, 2017), and accompanying Preliminary Decision Memorandum, at 4–5, unchanged in Finished Carbon Steel Flanges from India: Final Determination of Sales at Less Than Fair Value, 82 FR 29483 (June 29, 2017); Finished Carbon Steel Flanges from India: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018, 84 FR 57848 (October 29, 2019), unchanged in Finished Carbon Steel Flanges from India: Final Results of Antidumping Duty Administrative Review; 2017– 2018, 85 FR 21391 (April 17, 2020); Finished Carbon Steel Flanges from India: Preliminary Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019, 85 FR 83051 (December 21, 2021), unchanged in Finished Carbon Steel Flanges from India: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018–2019, 86 FR 33226 (June 24, 2021); and Finished Carbon Steel Flanges from India: Preliminary Results of Antidumping Duty Administrative Review; 2019–2020, 86 FR 50048 (September 7, 2021), unchanged in Finished Carbon Steel Flanges from India: Final Results of Antidumping Duty Administrative Review; 2019– 2020, 87 FR 13701 (March 10, 2022). In this review, Norma (India) Limited and its affiliated entities have affirmed that the factual basis on which Commerce made its prior determinations has not changed. See Norma Group’s Letter, ‘‘Finished Carbon Steel Flanges from India: 1st Supplemental Response to Section C and D of Anti-Dumping Duty Original Questionnaire,’’ dated July 1, 2022, at 2– 4. Therefore, Commerce continues to collapse and treat these four companies as a single entity. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 54957 Limited (Munish), Jai Auto Pvt. Ltd. of India (Jai Auto), Cetus Engineering Private Limited (Cetus), and Balkrishna Steel Forge Pvt. Ltd. (Balkrishna).5 On October 7, 2021, Commerce published a notice of initiation of an administrative review of the Order with respect to 42 companies.6 On November 2, 2021, Commerce selected Norma Group and RNG as mandatory respondents in this administrative review.7 On April 29, 2022, Commerce extended the time period for issuing these preliminary results by 120 days until August 31, 2022, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213(h)(2).8 5 See Petitioners’ Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Administrative Review,’’ dated August 31, 2021; Norma Group’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Anti-Dumping Duty Administrative Review for Norma (India) Limited, USK Export Private Limited, Umashanker Khandelwal and Co. and Bansidhar Chiranjilal,’’ dated August 30, 2021; RNG’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Anti-Dumping Duty Administrative Review, dated August 30, 2021; Munish’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Anti-Dumping Duty Administrative Review,’’ dated August 12, 2021; Jai Auto’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Anti-Dumping Duty Administrative Review for Jai Auto Pvt. Ltd during POR August 01, 2020 to July 31, 2021,’’ dated August 30, 2021; Cetus’ Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Anti-Dumping Duty Administrative Review for Cetus Engineering Private Limited during POR August 01, 2020 to July 31, 2021,’’ dated August 30, 2021; and Balkrishna’s Letter, ‘‘Finished Carbon Steel Flanges from India: Request for Anti-Dumping Duty Administrative Review for Balkrishna Steel Forge Pvt. Ltd. during POR August 01, 2020 to July 31, 2021,’’ dated August 30, 2021. 6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 55811 (October 7, 2021) (Initiation Notice). 7 See Memorandum, ‘‘Antidumping Duty Administrative Review of Finished Carbon Steel Flanges from India: Respondent Selection,’’ dated November 2, 2021. 8 See Memorandum, ‘‘Finished Carbon Steel Flanges from India: Extension of Preliminary Results of Antidumping Duty Administrative Review; 2020–21,’’ dated April 29, 2022. E:\FR\FM\08SEN1.SGM 08SEN1

Agencies

[Federal Register Volume 87, Number 173 (Thursday, September 8, 2022)]
[Notices]
[Pages 54956-54957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19447]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges; In the Matter of: Wei Sun, 7146 
W. Fall Haven Way, Tucson, AZ 85757

    On November 17, 2020 in the U.S. District Court for the District of 
Arizona, Wei Sun (``Sun'') was convicted of violating Section 38 of the 
Arms Export Control Act (22 U.S.C. 2778) (``AECA''). Sun was convicted 
of knowingly and willfully exporting from the United States to China, 
technical data, specifically, two files of computer data contained in 
an HP Elitebook 840 computer possessed by Sun, controlled under the 
International Traffic in Arms Regulations and the United State 
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, the Court sentenced Sun to 38 months 
in prison, three years of supervised release and a $100 special 
assessment. The Department of State also added Sun to its list of 
debarred parties.
    Pursuant to section 1760(e) of the Export Control Reform Act 
(``ECRA''), 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. See 50 U.S.C. 4819(e). 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 Sun's conviction for violating Section 38 of 
the AECA. BIS provided notice and opportunity for Sun 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.\1\ BIS has not received a written submission from Sun.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2022).
---------------------------------------------------------------------------

    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 Sun's export privileges under 
the Regulations for a period of 10 years from the date of Sun's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Sun had an interest at the time of his 
conviction.\2\
---------------------------------------------------------------------------

    \2\ The Director, Office of Export Enforcement, is 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 November 17, 2030, Wei 
Sun, with a last known address of: 7146 W. Fall Haven Way, Tucson, AZ 
85757, 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 ECRA (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 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.

[[Page 54957]]

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 Sun and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until November 17, 2030.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2022-19447 Filed 9-7-22; 8:45 am]
BILLING CODE 3510-DT-P

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