In the Matter of: Obaidullah Syed, 12 Cottonwood Road, Northbrook, IL 60659; Order Denying Export Privileges, 7685-7686 [2023-02397]

Download as PDF Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Notices DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–47–2022] Foreign-Trade Zone (FTZ) 72— Indianapolis, Indiana; Authorization of Production Activity; Mercury Marine (Marine Service, Repair, Winterization, or Replacement Kits) Brownsburg, Indiana On October 4, 2022, Mercury Marine submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 72, in Brownsburg, Indiana. The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (87 FR 62787, October 17, 2022). On February 1, 2023, the applicant was notified of the FTZ Board’s decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board’s regulations, including Section 400.14. Dated: February 1, 2023. Elizabeth Whiteman, Acting Executive Secretary. [FR Doc. 2023–02437 Filed 2–3–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security DDrumheller on DSK120RN23PROD with NOTICES In the Matter of: Obaidullah Syed, 12 Cottonwood Road, Northbrook, IL 60659; Order Denying Export Privileges On May 17, 2022, in the U.S. District Court for the Northern District of Illinois, Obaidullah Syed (‘‘Syed’’) was convicted of violating 18 U.S.C. 371. Specifically, Syed was convicted of conspiring to export computers, computer systems, and associated equipment from the United States to the Pakistan Atomic Energy Commission without a license from U.S. Department of Commerce, in violation of 18 U.S.C. 371. As a result of his conviction, the Court sentenced Syed to one year and one day in prison, one year and one day of supervised release, an assessment of $100 and forfeiture in the amount of $247,000. Pursuant to section 1760(e) of the Export Control Reform Act (‘‘ECRA’’),1 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. VerDate Sep<11>2014 18:51 Feb 03, 2023 Jkt 259001 the export privileges of any person who has been convicted of certain offenses, including, but not limited to, 18 U.S.C. 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 Syed’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 Syed to make a written submission to BIS. 15 CFR 766.25.2 BIS has not received a written submission from Syed. 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 Syed’s export privileges under the Regulations for a period of 10 years from the date of Syed’s conviction. The Office of Exporter Services has also decided to revoke any BIS-issued licenses in which Syed had an interest at the time of his conviction.3 Accordingly, it is hereby ordered: First, from the date of this Order until May 17, 2032, Obaidullah Syed, with a last known address of 12 Cottonwood Road, Northbrook, IL 60669, 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 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). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 7685 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 and sections 766.23 and 766.25 of the Regulations, any other person, firm, corporation, or business organization related to Syed 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, Syed 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 E:\FR\FM\06FEN1.SGM 06FEN1 7686 Federal Register / Vol. 88, No. 24 / Monday, February 6, 2023 / Notices comply with the provisions of part 756 of the Regulations. Fifth, a copy of this Order shall be delivered to Syed and shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until May 17, 2032. John Sonderman, Director, Office of Export Enforcement. Scope of the Order [FR Doc. 2023–02397 Filed 2–3–23; 8:45 am] The merchandise subject to the Order are fluid end blocks from Italy, whether in finished or unfinished form, and which are typically used in the manufacture or service of hydraulic pumps. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum. BILLING CODE 3510–DT–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–840] Forged Steel Fluid End Blocks From Italy: Preliminary Results and Rescission of Antidumping Duty Administrative Review in Part; 2020– 2021 Methodology Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that Lucchini Mame Forge S.p.A. (Lucchini), a producer/exporter subject to this administrative review, made sales of forged steel fluid end blocks (fluid end blocks) at less than normal value. The period of review (POR) is July 23, 2020, through December 31, 2021. Interested parties are invited to comment on these preliminary results. DATES: Applicable February 6, 2023. FOR FURTHER INFORMATION CONTACT: Andre Gziryan, 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) 482–2201. SUPPLEMENTARY INFORMATION: AGENCY: DDrumheller on DSK120RN23PROD with NOTICES Background On January 29, 2021, Commerce published the antidumping duty order on fluid end blocks from Italy.1 On March 9, 2022, Commerce published the notice of initiation of the administrative review of the antidumping duty order on fluid end blocks from Italy.2 Commerce selected Lucchini for 1 See Forged Steel Fluid End Blocks from the Federal Republic of Germany and Italy: Amended Final Antidumping Duty Determination for the Federal Republic of Germany and Antidumping Duty Orders, 86 FR 7528 (January 29, 2021) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 13252 (March 9, 2022). VerDate Sep<11>2014 18:51 Feb 03, 2023 Jkt 259001 individual examination.3 On September 16, 2022, Commerce extended the time limit for these preliminary results to January 31, 2023, in accordance with section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).4 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Act. Export price and constructed export price are calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. A list of the topics discussed in the Preliminary Decision Memorandum is included in the appendix to this notice. The Preliminary 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 Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 3 See Memorandum, ‘‘Forged Steel Fluid End Blocks from Italy 2020–2021: Respondent Selection,’’ dated March 23, 2022. 4 See Memorandum, ‘‘Forged Steel Fluid End Blocks from Italy: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review; 2020–2021,’’ dated September 16, 2022. 5 See Memorandum, ‘‘Forged Steel Fluid End Blocks from Italy: Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review; 2020–2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 days of the date of publication of the notice of initiation. On May 6, 2022, the FEB Fair Trade Coalition, Ellwood Group (comprised of Ellwood City Forge Company, Ellwood Quality Steels Company, and Ellwood National Steel Company), and A. Finkl & Sons (collectively, the petitioners), withdrew their requests for review with respect to Metalcam S.p.A, IMER International S.p.A, Galperti Group, Mimest S.p.A, and P. Technologies S.r.L.6 Because the requests for review were timely withdrawn and no other parties requested a review of these companies, in accordance with 19 CFR 351.213(d)(1), Commerce is partially rescinding this review of the Order for these five companies. Preliminary Results of Review Commerce preliminarily determines that the following estimated weightedaverage dumping margin exists for the period July 23, 2020, through December 31, 2021: Exporter/producer Estimated weightedaverage dumping margin (percent) Lucchini Mame Forge S.p.A ....... 2.21 Assessment Rates Upon completion of the administrative review, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review, pursuant to 19 CFR 351.212(b). For the companies for which we have rescinded this review, we intend to instruct CBP to assess antidumping duties on all appropriate entries at a rate equal to the cash deposit rate of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, during the POR, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP for the rescinded companies no earlier than 35 days after the date of publication of the preliminary results of this administrative review in the Federal Register. If the weighted-average dumping margin for Lucchini is not zero or de minimis (i.e., less than 0.50 percent) in the final results of this review, we intend to calculate an importer-specific 6 See Petitioners’ Letter, ‘‘Forged Steel Fluid End Blocks from Italy: Petitioners’ Withdrawal of Request for 2020/2021 Administrative Review for Certain Entities,’’ dated May 6, 2022. E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7685-7686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02397]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Obaidullah Syed, 12 Cottonwood Road, 
Northbrook, IL 60659; Order Denying Export Privileges

    On May 17, 2022, in the U.S. District Court for the Northern 
District of Illinois, Obaidullah Syed (``Syed'') was convicted of 
violating 18 U.S.C. 371. Specifically, Syed was convicted of conspiring 
to export computers, computer systems, and associated equipment from 
the United States to the Pakistan Atomic Energy Commission without a 
license from U.S. Department of Commerce, in violation of 18 U.S.C. 
371. As a result of his conviction, the Court sentenced Syed to one 
year and one day in prison, one year and one day of supervised release, 
an assessment of $100 and forfeiture in the amount of $247,000.
    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. 
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 Syed'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 Syed to make a written submission to BIS. 15 CFR 
766.25.\2\ BIS has not received a written submission from Syed.
---------------------------------------------------------------------------

    \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 Syed's export privileges under 
the Regulations for a period of 10 years from the date of Syed's 
conviction. The Office of Exporter Services has also decided to revoke 
any BIS-issued licenses in which Syed 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 17, 2032, Obaidullah 
Syed, with a last known address of 12 Cottonwood Road, Northbrook, IL 
60669, 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 Syed 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, Syed 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

[[Page 7686]]

comply with the provisions of part 756 of the Regulations.
    Fifth, a copy of this Order shall be delivered to Syed and shall be 
published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until May 17, 2032.

John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-02397 Filed 2-3-23; 8:45 am]
BILLING CODE 3510-DT-P
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