In the Matter of: Brett McGinnis, 54 North St. Andrews Drive, Ormond Beach, FL 32174; Order Denying Export Privileges, 2605-2606 [2023-00711]
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Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
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 and Sections 766.23 and 766.25
of the Regulations, any other person,
firm, corporation, or business
organization related to Ge 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, Ge 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 Ge and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until July 14, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–00710 Filed 1–13–23; 8:45 am]
BILLING CODE 3510–DT–P
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18:16 Jan 13, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Brett McGinnis, 54
North St. Andrews Drive, Ormond
Beach, FL 32174; Order Denying
Export Privileges
On September 16, 2021, in the U.S.
District Court for the Southern District
of Texas, Brett McGinnis (‘‘McGinnis’’)
was convicted of violating 18 U.S.C.
554. Specifically, McGinnis was
convicted of knowingly and willfully
exporting and smuggling from the
United States to Mexico, a Beretta
Model 84, .380 caliber pistol; a Beretta,
Model 92FS, .22LR caliber pistol; 2,451
rounds of .22 caliber ammunition; 1,500
rounds of Fiocchi .38 Super Caliber
Ammunition, 500 rounds of Magtech .44
Caliber Ammunition; 440 rounds of
TulAmmo 7.62 caliber Ammunition;
300 Rounds of G2 Research .380 Caliber
Ammunition; 200 Rounds of G2
Research 9mm Ammunition; 200
Rounds of Hornady .270 Caliber
Ammunition; 150 Rounds of Remington
.45 Caliber Colt Ammunition; 120
Rounds of Remington .308 Caliber
Ammunition; and various other
firearms, firearms parts, and
ammunition. As a result of his
conviction, the Court sentenced
McGinnis to 24 months in prison, three
years supervised release, $100 special
assessment, and a $10,000 fine.
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, 18 U.S.C.
554, 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). 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 McGinnis’s
conviction for violating 18 U.S.C. 554.
As provided in section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for
McGinnis to make a written submission
to BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
McGinnis.
1 ECRA was enacted on August 13, 2018, 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.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022).
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2605
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 McGinnis’s
export privileges under the Regulations
for a period of ten-years from the date
of McGinnis’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
McGinnis had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
September 16, 2031, McGinnis, with a
last known address of 54 North Street
Andrews Drive, Ormond Beach, FL
32174, 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
3 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial orders
pursuant to amendments to the Regulations (85 FR
73411, November 18, 2020).
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2606
Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
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 and sections 766.23 and 766.25 of
the Regulations, any other person, firm,
corporation, or business organization
related to McGinnis 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, McGinnis 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 McGinnis and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 16, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–00711 Filed 1–13–23; 8:45 am]
BILLING CODE 3510–DT–P
VerDate Sep<11>2014
18:16 Jan 13, 2023
Jkt 259001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–501]
Circular Welded Carbon Steel Standard
Pipe and Tube Products From Turkey:
Amended Final 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) is amending its
final results in the administrative
review of the antidumping duty order
on circular welded carbon steel
standard pipe and tube products (pipe
and tube products) from Turkey for the
period May 1, 2020, through April 30,
2021, to correct a ministerial error.
DATES: Applicable January 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Magd Zalok, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4162.
SUPPLEMENTARY INFORMATION:
AGENCY:
rebuttal comments from Wheatland
Tube (Wheatland), a petitioner in this
administrative review.4 Based on our
analysis of the allegation, we determine
that we made a ministerial error and
have made changes to the calculation of
the weighted-average dumping margin
for Borusan and for the nonindividually examined respondents.5
Scope of the Order
The products covered by this order
are welded carbon steel standard pipe
and tube products with an outside
diameter of 0.375 inches or more but not
over 16 inches of any wall thickness,
and are currently classified under the
following Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings: 7306.30.10.00,
7306.30.50.25, 7306.30.50.32,
7306.30.50.40, 7306.30.50.55,
7306.30.50.85, and 7306.30.50.90.
Although the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
order is dispositive. These products,
commonly referred to in the industry as
standard pipe or tube, are produced to
various ASTM specifications, most
notably A–120, A–53, or A–135.
Background
On December 9, 2022, Commerce
published the final results of the 2020–
2021 administrative review of pipe and
tube products from Turkey.1 On
December 7, 2022, Commerce granted
interested parties in this administrative
review the opportunity to provide
comments on any ministerial errors
found in the margin calculation for the
final results, in accordance with 19 CFR
351.224(c)(2).2 On December On
December 12, 2022, Commerce received
a timely filed allegation from Borusan
Mannesmann Boru Sanayi ve Ticaret
A.S. (Borusan Mannesmann) and
Borusan Istikbal Ticaret T.A.S. (Istikbal)
(collectively, Borusan), the respondent
in this administrative review, alleging
that Commerce made a ministerial error
in the Final Results regarding its
calculation of the final dumping
margin.3 We received ministerial error
Ministerial Error
Section 751(h) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.224(f) define a ‘‘ministerial error’’ as
an error ‘‘in addition, subtraction, or
other arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
which the Secretary considers
ministerial.’’
Borusan argues that Commerce
incorrectly set the beginning date for the
margin and home market calculation
programs to the months of the period of
review (POR), thereby, omitting certain
reported U.S. sales that Borusan sold
prior to the POR but entered the United
States during the POR.6 We agree with
Borusan that Commerce made an
unintentional error within the meaning
of section 751(h) of the Act and 19 CFR
351.224(f) and, therefore, we have
corrected the error by amending the
1 See Circular Welded Carbon Steel Standard Pipe
and Tube Products from Turkey: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2020–2021,
87 FR 75596 (December 9, 2022) (Final Results),
and accompanying Issues and Decision
Memorandum.
2 See Commerce’s Letter, ‘‘2020–2021
Administrative Review of the Antidumping Duty
Order on Welded Carbon Steel Standard Pipe and
Tube Products from Turkey: Final Results
Disclosure for Borusan,’’ dated December 12, 2022.
3 See Borusan’s Letter, ‘‘Circular Welded Carbon
Steel Pipes and Tubes from Turkey, Case No. A–
489–501: BMB Ministerial Error Allegation,’’ dated
December 12, 2022 (Ministerial Allegation).
4 See Wheatland’s Letter, ‘‘Circular Welded
Carbon Steel Standard Pipe and Tube Products from
Turkey: Ministerial Error Rebuttal Comments,’’
dated December 19, 2022.
5 See Memorandum, ‘‘Amended Final Results of
the 2020–2021 Antidumping Duty Administrative
Review on Circular Welded Carbon Steel Standard
Pipe and Tube Products from Turkey: Allegation of
Ministerial Error,’’ dated concurrently with, and
hereby adopted by, this notice (Ministerial Error
Memorandum).
6 See Ministerial Allegation.
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]]>Agencies
[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2605-2606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00711]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Brett McGinnis, 54 North St. Andrews Drive,
Ormond Beach, FL 32174; Order Denying Export Privileges
On September 16, 2021, in the U.S. District Court for the Southern
District of Texas, Brett McGinnis (``McGinnis'') was convicted of
violating 18 U.S.C. 554. Specifically, McGinnis was convicted of
knowingly and willfully exporting and smuggling from the United States
to Mexico, a Beretta Model 84, .380 caliber pistol; a Beretta, Model
92FS, .22LR caliber pistol; 2,451 rounds of .22 caliber ammunition;
1,500 rounds of Fiocchi .38 Super Caliber Ammunition, 500 rounds of
Magtech .44 Caliber Ammunition; 440 rounds of TulAmmo 7.62 caliber
Ammunition; 300 Rounds of G2 Research .380 Caliber Ammunition; 200
Rounds of G2 Research 9mm Ammunition; 200 Rounds of Hornady .270
Caliber Ammunition; 150 Rounds of Remington .45 Caliber Colt
Ammunition; 120 Rounds of Remington .308 Caliber Ammunition; and
various other firearms, firearms parts, and ammunition. As a result of
his conviction, the Court sentenced McGinnis to 24 months in prison,
three years supervised release, $100 special assessment, and a $10,000
fine.
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, 18 U.S.C.
554, 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). 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 on August 13, 2018, 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.
---------------------------------------------------------------------------
BIS received notice of McGinnis's conviction for violating 18
U.S.C. 554. As provided in section 766.25 of the Export Administration
Regulations (``EAR'' or the ``Regulations''), BIS provided notice and
opportunity for McGinnis to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from McGinnis.
---------------------------------------------------------------------------
\2\ 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 McGinnis's export privileges
under the Regulations for a period of ten-years from the date of
McGinnis's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which McGinnis had an interest at
the time of his conviction.\3\
---------------------------------------------------------------------------
\3\ The Director, Office of Export Enforcement, is the
authorizing official for issuance of denial orders pursuant to
amendments to the Regulations (85 FR 73411, November 18, 2020).
---------------------------------------------------------------------------
Accordingly, it is hereby ordered:
First, from the date of this Order until September 16, 2031,
McGinnis, with a last known address of 54 North Street Andrews Drive,
Ormond Beach, FL 32174, 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
[[Page 2606]]
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 and sections 766.23 and
766.25 of the Regulations, any other person, firm, corporation, or
business organization related to McGinnis 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, McGinnis
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 McGinnis and
shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until September 16, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-00711 Filed 1-13-23; 8:45 am]
BILLING CODE 3510-DT-P
