Order Renewing Temporary Denial of Export Privileges, Quicksilver Manufacturing, Inc., 8209 Market St. #A173, Wilmington, NC 28411; Rapid Cut LLC, 8209 Market St. #A173, Wilmington, NC 28411; US Prototype, Inc., 8209 Market St. #A173, Wilmington, NC 28411, 75587-75589 [2022-26737]
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Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
We will consider all comments
that we receive on or before February 7,
2023.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov. Enter APHIS–
2022–0067 in the Search field. Select
the Documents tab, then select the
Comment button in the list of
documents.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2022–0067, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at regulations.gov or in
our reading room, which is located in
Room 1620 of the USDA South
Building, 14th Street and Independence
Avenue SW, Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: For
information on the regulations related to
the importation of live fish, fertilized
eggs, and gametes from TiLVsusceptible species, contact Dr. Alicia
Marston, Senior Staff Veterinary
Medical Officer, Live Animal Imports
and Exports, APHIS Veterinary Services,
4700 River Road, Riverdale, MD 20737;
(301) 851–3361. For detailed
information about the information
collection reporting process, contact Mr.
Joseph Moxey, APHIS’ Information
Collection Coordinator; (301) 851–2483;
joseph.moxey@usda.gov.
SUPPLEMENTARY INFORMATION:
Title: Imports of Live Fish, Fertilized
Eggs, and Gametes from Tilapia Lake
Virus-Susceptible Species.
OMB Control Number: 0579–0473.
Type of Request: Extension of
approval of an information collection.
Abstract: Under the Animal Health
Protection Act (7 U.S.C. 8301 et seq.),
the Animal and Plant Health Inspection
Service (APHIS) of the U.S. Department
of Agriculture (USDA) is authorized,
among other things, to prohibit or
restrict the importation and interstate
movement of animals and animal
products to prevent the introduction
into and dissemination within the
United States of livestock diseases and
pests. To carry out this mission, APHIS
regulates the importation of animals and
animal products into the United States.
The U.S. aquaculture industry
experienced an outbreak of tilapia lake
virus (TiLV) in March 2019, and APHIS
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DATES:
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Jkt 259001
determined that the introduction and
establishment of TiLV posed a serious
threat to U.S. agriculture. Subsequently,
APHIS published a Federal Order 1 in
November 2019 placing certain import
requirements on all live fish, fertilized
eggs, and gametes from TiLVsusceptible species imported from all
countries. At this time, the Federal
Order remains in effect. These imported
items must be accompanied by a USDAissued import permit, an official
veterinary health certificate, and
evidence of a U.S. veterinary inspection
before being allowed entry into the
United States.
We are asking the Office of
Management and Budget (OMB) to
approve our use of these information
collection activities, as described, for an
additional 3 years.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, through use, as
appropriate, of automated, electronic,
mechanical, and other collection
technologies; e.g., permitting electronic
submission of responses.
Estimate of burden: The public
burden for this collection of information
is estimated to average 0.86 hours per
response.
Respondents: State animal health
officials, importers, and veterinarians.
Estimated annual number of
respondents: 57.
Estimated annual number of
responses per respondent: 2.
Estimated annual number of
responses: 114.
Estimated total annual burden on
respondents: 98 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
1 https://www.aphis.usda.gov/animal_health/
downloads/import/tilv-federal-order.pdf.
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Done in Washington, DC, this 5th day of
December 2022.
Anthony Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2022–26760 Filed 12–8–22; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of
Export Privileges, Quicksilver
Manufacturing, Inc., 8209 Market St.
#A173, Wilmington, NC 28411; Rapid
Cut LLC, 8209 Market St. #A173,
Wilmington, NC 28411; US Prototype,
Inc., 8209 Market St. #A173,
Wilmington, NC 28411
Pursuant to section 766.24 of the
Export Administration Regulations, 15
CFR parts 730–774 (2021) (‘‘EAR’’ or
‘‘the Regulations’’),1 I hereby grant the
request of the Office of Export
Enforcement (‘‘OEE’’) to renew the
temporary denial order (‘‘TDO’’) issued
in this matter on June 7, 2022. I find that
renewal of this order is necessary in the
public interest to prevent an imminent
violation of the Regulations.
I. Procedural History
On June 7, 2022, an order was issued
denying the export privileges under the
Regulations of Quicksilver
Manufacturing, Inc. (‘‘Quicksilver’’),
Rapid Cut LLC (‘‘Rapid Cut’’), and US
Prototype, Inc. (‘‘US Prototype’’)
(collectively Respondents) for a period
of 180 days on the ground that issuance
of the order was necessary in the public
interest to prevent an imminent
violation of the Regulations. The order
was issued ex parte pursuant to section
1 On August 13, 2018, the President signed into
law the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, which
includes the Export Control Reform Act of 2018, 50
U.S.C. 4801–4852 (‘‘ECRA’’). While Section 1766 of
ECRA repeals the provisions of the Export
Administration Act, 50 U.S.C. App. 2401 et seq.
(‘‘EAA’’), (except for three sections which are
inapplicable here), section 1768 of ECRA provides,
in pertinent part, that all orders, rules, regulations,
and other forms of administrative action that were
made or issued under the EAA, including as
continued in effect pursuant to the International
Emergency Economic Powers Act, 50 U.S.C. 1701
et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s
date of enactment (August 13, 2018), shall continue
in effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA. Moreover, section 1761(a)(5) of ECRA
authorizes the issuance of temporary denial orders.
50 U.S.C. 4820(a)(5).
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Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
766.24(a) of the Regulations and was
effective upon issuance.2
On November 10, 2022, BIS, through
OEE, submitted a written request for
renewal of the TDO that was issued on
June 7, 2022. The written request was
made more than 20 days before the
TDO’s scheduled expiration. A copy of
the renewal request was sent to
Respondents in accordance with
sections 766.5 and 766.24(d) of the
Regulations. On November 29, 2022,
Respondents made a written submission
for consideration by BIS.
II. Renewal of the TDO
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A. Legal Standard
Pursuant to section 766.24, BIS may
issue an order temporarily denying a
respondent’s export privileges upon a
showing that the order is necessary in
the public interest to prevent an
‘‘imminent violation’’ of the
Regulations, or any order, license or
authorization issued thereunder. 15 CFR
766.24(b)(1) and 766.24(d). ‘‘A violation
may be ‘imminent’ either in time or
degree of likelihood.’’ 15 CFR
766.24(b)(3). BIS may show ‘‘either that
a violation is about to occur, or that the
general circumstances of the matter
under investigation or case under
criminal or administrative charges
demonstrate a likelihood of future
violations.’’ Id. As to the likelihood of
future violations, BIS may show that the
violation under investigation or charge
‘‘is significant, deliberate, covert and/or
likely to occur again, rather than
technical or negligent[.]’’ Id. A ‘‘lack of
information establishing the precise
time a violation may occur does not
preclude a finding that a violation is
imminent, so long as there is sufficient
reason to believe the likelihood of a
violation.’’ Id.
B. The TDO and BIS’s Request for
Renewal
OEE’s request for renewal is based
upon the facts underlying the issuance
of the initial TDO, as well as evidence
developed over the continuing course of
this investigation. The initial TDO,
issued on June 7, 2022, was based on
evidence that Respondents engaged in
conduct prohibited by the Regulations
by exporting or causing the export from
the United States of technology
controlled on national security and/or
missile technology grounds to China for
3D printing without the required U.S.
government authorization.3 ‘‘Export’’ is
2 The TDO was published in the Federal Register
on June 15, 2022 (87 FR 36104).
3 The June 7, 2022 TDO also detailed the export
of technical specifications to China controlled
under United States Munitions List Category XX
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17:50 Dec 08, 2022
Jkt 259001
defined in the EAR as an ‘‘actual
shipment or transmission out of the
United States, including the sending or
taking of an item out of the United
States, in any manner.’’ 15 CFR
734.13(a)(1).4
In its November 10, 2022, request for
renewal of the TDO, BIS has submitted
evidence that Respondents’ export
compliance failures are broader in scope
than the initial investigation revealed
along with new concerns raised by
actions taken after the issuance of the
June 7, 2022 TDO. Specifically, BIS’s
evidence and further investigation has
identified additional U.S. companies
that engaged in business with
Respondents involving the unlicensed
export of technical specifications to
China related to firearm components
(ECCN 0E501.a) and space-rated items
(ECCN 9E515.a), both of which are
controlled on national security and
regional stability grounds, as well as
numerous additional suspected export
control-related violations between 2017
and 2022. BIS’s evidence also indicates
that Respondents’ apparent attempts at
compliance since the issuance of the
June 7, 2022 TDO at best continue to fall
short by providing inaccurate
information to customers about the
scope of items subject to the
Regulations.
Moreover, BIS has submitted evidence
that a China-based individual who is
known to operate an @rapidcut.com
email address to facilitate Rapid Cut’s
business operations, may have violated
the TDO shortly after its issuance by
providing customers information on
how to complete and fulfill pending
orders, despite the issuance of the TDO.
Such information includes instructions
to cancel existing Rapid Cut orders and
reissue purchase orders to China
Company No. 1, in an apparent attempt
to avoid the restrictions of the TDO.5
III. Findings
Under the applicable standard set
forth in section 766.24 of the
(Submersible Vessels and Related Articles), section
(d), without the required U.S. Department of State
authorization.
4 ‘‘Item’’ means ‘‘commodities, software, and
technology.’’ 15 CFR 772.1. Further, ‘‘technology’’
may be in any tangible or intangible form, such as
written or oral communications, blueprints,
drawings, photographs, plans, diagrams, models,
formulae, tables, engineering designs and
specifications, computer-aided design files,
manuals or documentation, electronic media or
information revealed through visual inspection. Id.
5 Respondents’ November 29, 2022 submission
asserts that the individual who sent the abovedescribed emails was not an employee of Rapid Cut
but rather an employee of China Company No. 1,
a separate legal entity. Rapid Cut markets and sells
China Company No. 1’s manufacturing capabilities
in North America, and China Company No. 1 pays
Rapid Cut commissions on these sales.
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Frm 00003
Fmt 4703
Sfmt 4703
Regulations and my review of the entire
record, including Respondents’
November 29, 2022 submission, I find
that the evidence presented by BIS
convincingly demonstrates that
Respondents have acted in violation of
the Regulations; that such violations
have been significant, deliberate and
covert; and that given the foregoing and
the nature of the matters under
investigation, there is a likelihood of
imminent violations. Therefore, renewal
of the TDO is necessary in the public
interest to prevent imminent violation
of the Regulations and to give notice to
companies and individuals in the
United States and abroad that they
should avoid dealing with Respondents,
in connection with export and reexport
transactions involving items subject to
the Regulations and in connection with
any other activity subject to the
Regulations.
IV. Order
It is therefore ordered:
First, that Quicksilver Manufacturing,
Inc., with an address at 8209 Market St.
#A173, Wilmington, NC 28411; Rapid
Cut LLC, with an address at 8209
Market St. #A173, Wilmington, NC
28411; and US Prototype, Inc., with an
address at 8209 Market St. #A173,
Wilmington, NC 28411 (collectively
Respondents), when acting for or on
their behalf, any successors or assigns,
agents, or employees 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
EAR, or in any other activity subject to
the EAR 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 EAR, or engaging in any
other activity subject to the EAR; 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 EAR, or from any
other activity subject to the EAR.
Second, that no person may, directly
or indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of Respondents
any item subject to the EAR;
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Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
B. Take any action that facilitates the
acquisition or attempted acquisition by
Respondents of the ownership,
possession, or control of any item
subject to the EAR that has been or will
be exported from the United States,
including financing or other support
activities related to a transaction
whereby Respondents 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 Respondents of any
item subject to the EAR that has been
exported from the United States;
D. Obtain from Respondents in the
United States any item subject to the
EAR 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 EAR that has
been or will be exported from the
United States and which is owned,
possessed or controlled by Respondents
or service any item, of whatever origin,
that is owned, possessed or controlled
by Respondents if such service involves
the use of any item subject to the EAR
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, that, after notice and
opportunity for comment as provided in
section 766.23 of the EAR, any other
person, firm, corporation, or business
organization related to Respondents 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 accordance with the provisions of
sections 766.24(e) of the EAR,
Respondents may, at any time, appeal
this Order by filing a full written
statement in support of the appeal with
the Office of the Administrative Law
Judge, U.S. Coast Guard ALJ Docketing
Center, 40 South Gay Street, Baltimore,
Maryland 21202–4022.
In accordance with the provisions of
section 766.24(d) of the EAR, BIS may
seek renewal of this Order by filing a
written request not later than 20 days
before the expiration date. A renewal
request may be opposed by Respondents
as provided in section 766.24(d), by
filing a written submission with the
Assistant Secretary of Commerce for
Export Enforcement, which must be
received not later than seven days
before the expiration date of the Order.
A copy of this Order shall be provided
to Respondents and shall be published
in the Federal Register.
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17:50 Dec 08, 2022
Jkt 259001
This Order is effective immediately
and shall remain in effect for 180 days.
Dated: December 5, 2022.
Kevin J. Kurland,
Deputy Assistant Secretary of Commerce for
Export Enforcement.
[FR Doc. 2022–26737 Filed 12–8–22; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–817]
Ripe Olives From Spain: Final Results
of Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
producers or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
August 1, 2020, through July 31, 2021.
We further determine that Alimentary
Group Dcoop S. Coop. And. (Dcoop) had
no shipments during the POR.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Claudia Cott, 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) 482–3683 or (202) 482–4270,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 8, 2022, Commerce published
the preliminary results of the 2020–2021
administrative review of the
antidumping duty order on ripe olives
from Spain.1 This administrative review
covers five producers or exporters of the
subject merchandise, including the two
mandatory respondents, Agro Sevilla
Aceitunas, S. Coop. And. (Agro Sevilla),
and Angel Camacho Alimentacion, S.L.
(Camacho). We invited interested
parties to comment on the Preliminary
Results.2 On July 8, 2022, we received
case briefs from the domestic interested
party, Musco Family Olive Company
1 See Ripe Olives from Spain: Preliminary Results
of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2020–
2021, 87 FR 34841 (June 8, 2022) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum.
2 See Preliminary Results, 87 FR at 34842.
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75589
(Musco), and from the mandatory
respondents, Agro Sevilla and
Camacho.3 On July 15, 2022, Agro
Sevilla and Camacho submitted rebuttal
briefs.4 On September 12, 2022,
Commerce extended the deadline for the
final results by 60 days to December 5,
2022.5 Commerce conducted this review
in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order 6
The products covered by the Order
are ripe olives from Spain. For a full
description of the scope of the Order,
see the Issues and Decision
Memorandum.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this administrative review are
addressed in the Issues and Decision
Memorandum and are listed in the
appendix to this notice. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
3 See Musco’s Letters, ‘‘Ripe Olives from Spain;
3rd Administrative Review Musco Case Brief
Concerning Agro Sevilla,’’ dated July 8, 2022; and
‘‘Ripe Olives from Spain; 3rd Administrative
Review Musco Case Brief Concerning Camacho,’’
dated July 8, 2022; see also Agro Sevilla’s Letter,
‘‘Case Brief of Agro Sevilla Aceitunas S.Coop
Andalusia and its Affiliated Importer, Agro Sevilla
USA Ripe Olives From Spain (POR3: 08/01/2020–
07/31/2021),’’ dated July 8, 2022; Camacho’s Letter,
‘‘Camacho’s Letter in Lieu of Case Brief Ripe Olives
From Spain (08/01/2020–07/31/2021),’’ dated July
8, 2022.
4 See Agro Sevilla’s Letter, ‘‘Rebuttal Brief of Agro
Sevilla Aceitunas S.Coop Andalusia and its
Affiliated Importer, Agro Sevilla USA Ripe Olives
From Spain (POR3: 08/01/2020–07/31/2021),’’
dated July 15, 2022; see also Camacho’s Letter,
‘‘Camacho’s Rebuttal Brief Ripe Olives From Spain
(POR3: 08/01/2020–07/31/2021),’’ dated July 15,
2022.
5 See Memorandum, ‘‘Ripe Olives from Spain:
Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020–
2021,’’ dated September 12, 2022.
6 See Ripe Olives from Spain: Antidumping Duty
Order, 83 FR 37465 (August 1, 2018) (Order); see
also Ripe Olives from Spain: Notice of Correction
to Antidumping Duty Order, 83 FR 39691 (August
10, 2018) (Order).
7 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Antidumping
Duty Administrative Review: Ripe Olives from
Spain; 2020–2021,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
E:\FR\FM\09DEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75587-75589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26737]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of Export Privileges, Quicksilver
Manufacturing, Inc., 8209 Market St. #A173, Wilmington, NC 28411; Rapid
Cut LLC, 8209 Market St. #A173, Wilmington, NC 28411; US Prototype,
Inc., 8209 Market St. #A173, Wilmington, NC 28411
Pursuant to section 766.24 of the Export Administration
Regulations, 15 CFR parts 730-774 (2021) (``EAR'' or ``the
Regulations''),\1\ I hereby grant the request of the Office of Export
Enforcement (``OEE'') to renew the temporary denial order (``TDO'')
issued in this matter on June 7, 2022. I find that renewal of this
order is necessary in the public interest to prevent an imminent
violation of the Regulations.
---------------------------------------------------------------------------
\1\ On August 13, 2018, the President signed into law the John
S. McCain National Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of 2018, 50 U.S.C.
4801-4852 (``ECRA''). While Section 1766 of ECRA repeals the
provisions of the Export Administration Act, 50 U.S.C. App. 2401 et
seq. (``EAA''), (except for three sections which are inapplicable
here), section 1768 of ECRA provides, in pertinent part, that all
orders, rules, regulations, and other forms of administrative action
that were made or issued under the EAA, including as continued in
effect pursuant to the International Emergency Economic Powers Act,
50 U.S.C. 1701 et seq. (``IEEPA''), and were in effect as of ECRA's
date of enactment (August 13, 2018), shall continue in effect
according to their terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the authority provided
under ECRA. Moreover, section 1761(a)(5) of ECRA authorizes the
issuance of temporary denial orders. 50 U.S.C. 4820(a)(5).
---------------------------------------------------------------------------
I. Procedural History
On June 7, 2022, an order was issued denying the export privileges
under the Regulations of Quicksilver Manufacturing, Inc.
(``Quicksilver''), Rapid Cut LLC (``Rapid Cut''), and US Prototype,
Inc. (``US Prototype'') (collectively Respondents) for a period of 180
days on the ground that issuance of the order was necessary in the
public interest to prevent an imminent violation of the Regulations.
The order was issued ex parte pursuant to section
[[Page 75588]]
766.24(a) of the Regulations and was effective upon issuance.\2\
---------------------------------------------------------------------------
\2\ The TDO was published in the Federal Register on June 15,
2022 (87 FR 36104).
---------------------------------------------------------------------------
On November 10, 2022, BIS, through OEE, submitted a written request
for renewal of the TDO that was issued on June 7, 2022. The written
request was made more than 20 days before the TDO's scheduled
expiration. A copy of the renewal request was sent to Respondents in
accordance with sections 766.5 and 766.24(d) of the Regulations. On
November 29, 2022, Respondents made a written submission for
consideration by BIS.
II. Renewal of the TDO
A. Legal Standard
Pursuant to section 766.24, BIS may issue an order temporarily
denying a respondent's export privileges upon a showing that the order
is necessary in the public interest to prevent an ``imminent
violation'' of the Regulations, or any order, license or authorization
issued thereunder. 15 CFR 766.24(b)(1) and 766.24(d). ``A violation may
be `imminent' either in time or degree of likelihood.'' 15 CFR
766.24(b)(3). BIS may show ``either that a violation is about to occur,
or that the general circumstances of the matter under investigation or
case under criminal or administrative charges demonstrate a likelihood
of future violations.'' Id. As to the likelihood of future violations,
BIS may show that the violation under investigation or charge ``is
significant, deliberate, covert and/or likely to occur again, rather
than technical or negligent[.]'' Id. A ``lack of information
establishing the precise time a violation may occur does not preclude a
finding that a violation is imminent, so long as there is sufficient
reason to believe the likelihood of a violation.'' Id.
B. The TDO and BIS's Request for Renewal
OEE's request for renewal is based upon the facts underlying the
issuance of the initial TDO, as well as evidence developed over the
continuing course of this investigation. The initial TDO, issued on
June 7, 2022, was based on evidence that Respondents engaged in conduct
prohibited by the Regulations by exporting or causing the export from
the United States of technology controlled on national security and/or
missile technology grounds to China for 3D printing without the
required U.S. government authorization.\3\ ``Export'' is defined in the
EAR as an ``actual shipment or transmission out of the United States,
including the sending or taking of an item out of the United States, in
any manner.'' 15 CFR 734.13(a)(1).\4\
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\3\ The June 7, 2022 TDO also detailed the export of technical
specifications to China controlled under United States Munitions
List Category XX (Submersible Vessels and Related Articles), section
(d), without the required U.S. Department of State authorization.
\4\ ``Item'' means ``commodities, software, and technology.'' 15
CFR 772.1. Further, ``technology'' may be in any tangible or
intangible form, such as written or oral communications, blueprints,
drawings, photographs, plans, diagrams, models, formulae, tables,
engineering designs and specifications, computer-aided design files,
manuals or documentation, electronic media or information revealed
through visual inspection. Id.
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In its November 10, 2022, request for renewal of the TDO, BIS has
submitted evidence that Respondents' export compliance failures are
broader in scope than the initial investigation revealed along with new
concerns raised by actions taken after the issuance of the June 7, 2022
TDO. Specifically, BIS's evidence and further investigation has
identified additional U.S. companies that engaged in business with
Respondents involving the unlicensed export of technical specifications
to China related to firearm components (ECCN 0E501.a) and space-rated
items (ECCN 9E515.a), both of which are controlled on national security
and regional stability grounds, as well as numerous additional
suspected export control-related violations between 2017 and 2022.
BIS's evidence also indicates that Respondents' apparent attempts at
compliance since the issuance of the June 7, 2022 TDO at best continue
to fall short by providing inaccurate information to customers about
the scope of items subject to the Regulations.
Moreover, BIS has submitted evidence that a China-based individual
who is known to operate an @rapidcut.com email address to facilitate
Rapid Cut's business operations, may have violated the TDO shortly
after its issuance by providing customers information on how to
complete and fulfill pending orders, despite the issuance of the TDO.
Such information includes instructions to cancel existing Rapid Cut
orders and reissue purchase orders to China Company No. 1, in an
apparent attempt to avoid the restrictions of the TDO.\5\
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\5\ Respondents' November 29, 2022 submission asserts that the
individual who sent the above-described emails was not an employee
of Rapid Cut but rather an employee of China Company No. 1, a
separate legal entity. Rapid Cut markets and sells China Company No.
1's manufacturing capabilities in North America, and China Company
No. 1 pays Rapid Cut commissions on these sales.
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III. Findings
Under the applicable standard set forth in section 766.24 of the
Regulations and my review of the entire record, including Respondents'
November 29, 2022 submission, I find that the evidence presented by BIS
convincingly demonstrates that Respondents have acted in violation of
the Regulations; that such violations have been significant, deliberate
and covert; and that given the foregoing and the nature of the matters
under investigation, there is a likelihood of imminent violations.
Therefore, renewal of the TDO is necessary in the public interest to
prevent imminent violation of the Regulations and to give notice to
companies and individuals in the United States and abroad that they
should avoid dealing with Respondents, in connection with export and
reexport transactions involving items subject to the Regulations and in
connection with any other activity subject to the Regulations.
IV. Order
It is therefore ordered:
First, that Quicksilver Manufacturing, Inc., with an address at
8209 Market St. #A173, Wilmington, NC 28411; Rapid Cut LLC, with an
address at 8209 Market St. #A173, Wilmington, NC 28411; and US
Prototype, Inc., with an address at 8209 Market St. #A173, Wilmington,
NC 28411 (collectively Respondents), when acting for or on their
behalf, any successors or assigns, agents, or employees 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 EAR, or in any other activity
subject to the EAR 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 EAR, or engaging in any other
activity subject to the EAR; 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 EAR, or from any other activity subject to the EAR.
Second, that no person may, directly or indirectly, do any of the
following:
A. Export, reexport, or transfer (in-country) to or on behalf of
Respondents any item subject to the EAR;
[[Page 75589]]
B. Take any action that facilitates the acquisition or attempted
acquisition by Respondents of the ownership, possession, or control of
any item subject to the EAR that has been or will be exported from the
United States, including financing or other support activities related
to a transaction whereby Respondents 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 Respondents of any item subject to the
EAR that has been exported from the United States;
D. Obtain from Respondents in the United States any item subject to
the EAR 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 EAR
that has been or will be exported from the United States and which is
owned, possessed or controlled by Respondents or service any item, of
whatever origin, that is owned, possessed or controlled by Respondents
if such service involves the use of any item subject to the EAR 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, that, after notice and opportunity for comment as provided
in section 766.23 of the EAR, any other person, firm, corporation, or
business organization related to Respondents 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 accordance with the provisions of sections 766.24(e) of the EAR,
Respondents may, at any time, appeal this Order by filing a full
written statement in support of the appeal with the Office of the
Administrative Law Judge, U.S. Coast Guard ALJ Docketing Center, 40
South Gay Street, Baltimore, Maryland 21202-4022.
In accordance with the provisions of section 766.24(d) of the EAR,
BIS may seek renewal of this Order by filing a written request not
later than 20 days before the expiration date. A renewal request may be
opposed by Respondents as provided in section 766.24(d), by filing a
written submission with the Assistant Secretary of Commerce for Export
Enforcement, which must be received not later than seven days before
the expiration date of the Order.
A copy of this Order shall be provided to Respondents and shall be
published in the Federal Register.
This Order is effective immediately and shall remain in effect for
180 days.
Dated: December 5, 2022.
Kevin J. Kurland,
Deputy Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2022-26737 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DT-P
