In the Matter of: Michael Cox, 1513 E Muir Avenue, Hazel Park, MI 48030-2671; Order Denying Export Privileges, 7394-7395 [2023-02321]
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7394
Notices
Federal Register
Vol. 88, No. 23
Friday, February 3, 2023
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–10–2023]
lotter on DSK11XQN23PROD with NOTICES1
Foreign-Trade Zone (FTZ) 148—
Knoxville, Tennessee;Notification of
Proposed Production Activity;CoLinx,
LLC(Wheel Hub-Bearing
Assemblies);Crossville, Tennessee
CoLinx, LLC submitted a notification
of proposed production activity to the
FTZ Board (the Board) for its facilities
in Crossville, Tennessee within FTZ
148. The notification conforming to the
requirements of the Board’s regulations
(15 CFR 400.22) was received on
January 27, 2023.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status material(s)/
component(s) and specific finished
product(s) described in the submitted
notification (summarized below) and
subsequently authorized by the Board.
The benefits that may stem from
conducting production activity under
FTZ procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz. The proposed finished product(s)
and material(s)/component(s) would be
added to the production authority that
the Board previously approved for the
operation, as reflected on the Board’s
website.
The proposed finished product is
wheel hub-bearing assemblies (duty rate
9%).
The proposed foreign-status materials
and components include: wheel hubs;
steel bearing spacers; vulcanized rubber
bearing seals; polyethylene shipping
caps for bearing retention; and, tapered
roller bearings (duty rate ranges from
duty-free to 5.8%). The request
indicates that the materials/components
are subject to duties under Section 301
of the Trade Act of 1974 (Section 301),
depending on the country of origin. The
applicable Section 301 decisions require
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17:51 Feb 02, 2023
Jkt 259001
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is March
15, 2023.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov.
Dated: January 31, 2023.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. 2023–02311 Filed 2–2–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
The proposed foreign-status materials
and components include active
pharmaceutical ingredient Eluxadoline
and mannitol (duty rates, 6.5% and
4.6%, respectively). The request
indicates that the materials/components
are subject to duties under Section 301
of the Trade Act of 1974 (Section 301),
depending on the country of origin. The
applicable Section 301 decisions require
subject merchandise to be admitted to
FTZs in privileged foreign status (19
CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is March
15, 2023.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact Diane
Finver at Diane.Finver@trade.gov.
Dated: January 30, 2023.
Elizabeth Whiteman,
Acting Executive Secretary.
Foreign-Trade Zones Board
[B–9–2023]
[FR Doc. 2023–02264 Filed 2–2–23; 8:45 am]
Foreign-Trade Zone (FTZ) 46—
Cincinnati, Ohio; Notification of
Proposed Production Activity; Patheon
Pharmaceuticals Inc. (Pharmaceutical
Products), Cincinnati, Ohio
Patheon Pharmaceuticals Inc.
(Patheon) submitted a notification of
proposed production activity to the FTZ
Board (the Board) for its facilities in
Cincinnati, Ohio, within Subzone 46K.
The notification conforming to the
requirements of the Board’s regulations
(15 CFR 400.22) was received on
January 27, 2023.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status material(s)/
component(s) and specific finished
product(s) described in the submitted
notification (summarized below) and
subsequently authorized by the Board.
The benefits that may stem from
conducting production activity under
FTZ procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz.
The proposed finished product is
anti-diarrheal drug (active
pharmaceutical ingredient Eluxadoline)
packaged into finished dosage (duty
free).
PO 00000
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Fmt 4703
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Michael Cox, 1513 E
Muir Avenue, Hazel Park, MI 48030–
2671; Order Denying Export Privileges
On May 18, 2021, in the U.S. District
Court for the Western District of
Pennsylvania, Michael Cox (‘‘Cox’’) was
convicted of violating 18 U.S.C. 371.
Specifically, Cox was convicted of
conspiring to export defense articles,
specifically Night Sighting Equipment,
to the Ukraine without the required
licenses. As a result of his conviction,
the Court sentenced Cox to 32 months
of confinement, three years of
supervised release and $100 special
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, 18 U.S.C.
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.
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03FEN1
7395
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 23 / Friday, February 3, 2023 / Notices
371, 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 Cox’s
conviction for violating 18 U.S.C. 371.
As provided in Section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’), BIS
provided notice and opportunity for Cox
to make a written submission to BIS. 15
CFR 766.25.2 BIS has not received a
written submission from Cox.
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 Cox’s export
privileges under the Regulations for a
period of 10 years from the date of Cox’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Cox had an
interest at the time of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
May 18, 2031, Michael Cox, with a last
known address of 1513 E Muir Avenue,
Hazel Park, MI 48030–2671, 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
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022).
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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17:51 Feb 02, 2023
Jkt 259001
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 and Sections 766.23 and 766.25
of the Regulations, any other person,
firm, corporation, or business
organization related to Cox 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, Cox 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.
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Fmt 4703
Sfmt 4703
Fifth, a copy of this Order shall be
delivered to Cox and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 18, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–02321 Filed 2–2–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Shirley Trinity Inzunza,
6767 N 7th Street, Unit 220, Phoeniz,
AZ 85014; Order Denying Export
Privileges
On January 22, 2018, in the U.S.
District Court for the District of Arizona,
Shirley Trinity Inzunza (‘‘Inzunza’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C
2778) (‘‘AECA’’). Specifically, Inzunza
was convicted of knowingly and
willfully attempting to export and
causing to be exported from the United
States to Mexico, 10,000 23 rounds of
.223 caliber ammunition, which was
designated as a defense article on the
United States Munitions List, without
having first obtained from the
Department of State a license for such
export or written authorization for such
export.
As a result of her conviction, the
Court sentenced Inzunza to 36 months
of confinement with credit for time
served and $100 special assessment.
Inzunza was also placed on U.S.
Department of State’s debarred list.
The Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’)
are administered and enforced by the
U.S. Department of Commerce’s Bureau
of Industry and Security (‘‘BIS’’).1
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergnecy Economic
Powers Act (50 U.S.C. 1701, et seq.) (‘‘IEEPA’’). 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 EAA (except for three sections
which are inapplicable here), Section 1768 of ECRA
provides, in pertinent part, that all rules and
regulations that were made or issued under the
EAA, including as continued in effect pursuant to
E:\FR\FM\03FEN1.SGM
Continued
03FEN1
]]>Agencies
[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7394-7395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02321]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Michael Cox, 1513 E Muir Avenue, Hazel Park, MI
48030-2671; Order Denying Export Privileges
On May 18, 2021, in the U.S. District Court for the Western
District of Pennsylvania, Michael Cox (``Cox'') was convicted of
violating 18 U.S.C. 371. Specifically, Cox was convicted of conspiring
to export defense articles, specifically Night Sighting Equipment, to
the Ukraine without the required licenses. As a result of his
conviction, the Court sentenced Cox to 32 months of confinement, three
years of supervised release and $100 special 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, 18 U.S.C.
[[Page 7395]]
371, 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 Cox's conviction for violating 18 U.S.C.
371. As provided in Section 766.25 of the Export Administration
Regulations (``EAR'' or the ``Regulations''), BIS provided notice and
opportunity for Cox to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Cox.
---------------------------------------------------------------------------
\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 Cox's export privileges under
the Regulations for a period of 10 years from the date of Cox's
conviction. The Office of Exporter Services has also decided to revoke
any BIS-issued licenses in which Cox 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 May 18, 2031, Michael Cox,
with a last known address of 1513 E Muir Avenue, Hazel Park, MI 48030-
2671, 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 and Sections 766.23 and
766.25 of the Regulations, any other person, firm, corporation, or
business organization related to Cox 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, Cox 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 Cox and shall be
published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until May 18, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-02321 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DT-P
