In the Matter of: Luc Emond, 9300 Justine Street, Montreal, Quebec, H1J2P2, Canada; Order Denying Export Privileges, 9475-9476 [2023-03104]
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Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices
should cover NdFeB magnets. In
addition, electric vehicles and wind
turbines might be procured by state or
local governments or with state or local
funding, and such content requirements
could expand to these purchases.
Domestic content requirements could
mirror those of defense applications,
which already have non-Chinese
content requirements, and thereby
include U.S. allies. Ensuring that
requirements are structured to include
magnets produced by U.S. allies is
important to guarantee U.S. Government
demand is adequately supported. To
minimize disruption to U.S.
procurement, content requirements can
be phased-in and waived if insufficient
quantities of eligible NdFeB magnets are
available.
Consumer Rebates
Consumer rebates are another
mechanism to incentivize the domestic
production of NdFeB magnets. The
Department recommends that the
Administration develop and implement
a tax rebate for consumers who
purchase electric vehicles that are
certified to contain U.S. or U.S. ally
origin content. This rebate would help
compensate automobile manufacturers
for the increased cost of using domestic
or ally produced NdFeB magnets. Such
a rebate need not be limited to NdFeB
magnets but could include U.S. or U.S.
ally origin content batteries as well.
9.4.4 Support Medium- to Long-Term
Industry Development and Resiliency
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Research Into Reducing the Use of Rare
Earth Elements
The Department recommends that the
Administration continue to fund
research that seeks to reduce rare earth
element content, and especially heavy
rare earth element content, in NdFeB
magnets, develop NdFeB magnet
substitutes, and avoid the use of
magnets, including NdFeB magnets, in
end-use products. This includes support
for research on MQ3 magnets, which
could reduce or eliminate heavy rare
earth contents, more efficient NdFeB
magnets, potential non-NdFeB magnets
such as iron-nitride magnets, and
assemblies that obviate the need for
NdFeB magnets in applications such as
electric vehicle motors and wind
turbine generators.401 Reducing rare
earth element content would help
alleviate projected rare earths shortages
and increase supply chain resiliency by
reducing dependence on China.
401 [TEXT REDACTED]. Meeting between
Turntide Technologies and the Department of
Commerce, (Virtual Meeting, February 17, 2022).
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20:12 Feb 13, 2023
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Human Capital Development
The Department recommends that the
Administration use applicable programs
to support the development of human
capital as required by the nascent U.S.
NdFeB magnet industry. The collapse of
the U.S. NdFeB magnet industry in the
1990s hollowed out industry-specific
knowledge and skills, such that the
United States’ stock of NdFeB magnetrelated human capital is limited.
Current and potential domestic
producers indicated that finding
qualified and experienced
manufacturing engineers and scientists
is an important constraint on their
operations. Some firms also indicated
that finding qualified and experienced
production line workers is an issue. The
U.S. Government, state governments,
and local authorities should work with
industry, labor, and educational
institutions to develop skills relevant to
NdFeB magnet production by creating
and expanding training programs and
scholarships. For example, the
Department of Labor’s Employment and
Training Administration funding
opportunities, such asthe Strengthening
Community Colleges Training Grant,
could be used to establish and enhance
educational programs that teach NdFeB
magnet-related skills.402
In addition, eligible entities should be
encouraged to apply for the Economic
Development Administration’s Public
Works and Economic Adjustment
Assistance programs.403 For example,
higher education institutions or local
governments in distressed communities
(including coal communities) could
apply for grants to develop and
strengthen training facilities related to
NdFeB magnet manufacturing, such as
materials science.404 Supporting the
development of human capital related to
the NdFeB magnet value chain would
help grow a robust domestic NdFeB
magnet industry and by extension
enhance the resiliency of end-use
product supply chains, including
402 For current Employment and Training
Administration funding opportunities, see
‘‘Funding Opportunities,’’ U.S. Department of
Labor, n.d., https://www.dol.gov/agencies/eta/
grants/apply/find-opportunities.
403 See ‘‘PWEAA2020 FY 2020 EDA Public Works
and Economic Adjustment Assistance Programs
Including CARES Act Funding,’’ Grants.gov, last
modified April 1, 2022, https://www.grants.gov/
web/grants/view-opportunity.html?oppId=321695.
404 Some planned NdFeB magnet industry
participants are located in areas that may qualify as
distressed communities, while others are situated in
places that could qualify as coal communities, such
as Kentucky and Tennessee. Training facilities in
these areas could be particularly useful for
developing a local pipeline for talent.
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9475
electric vehicles and offshore wind
turbines.
9.4.5 Continue To Monitor the NdFeB
Magnet Value Chain
The Department recommends that the
Administration continue to monitor the
NdFeB magnet value chain to ensure
that U.S. and ally firms are not
adversely impacted by non-market
factors or unfair trade actions, such as
intellectual property violations or
dumping. As previously discussed, the
U.S. NdFeB magnet industry
disappeared in the 1990s and early
2000s in part because of Chinese
policies such as tax rebates and
subsidies as well as intellectual
property infringement. To ensure that
the nascent U.S. NdFeB magnet industry
survives, the U.S. Government should
remain cognizant of the health of the
industry and the effects of Chinese
competition. The Department and the
Supply Chain Trade Task Force should
periodically assess the health of the U.S.
and global NdFeB magnet value chain to
determine whether additional actions
should be undertaken to counterbalance
non-market factors or unfair trade
practices.
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2023–03078 Filed 2–13–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Luc Emond, 9300
Justine Street, Montreal, Quebec,
H1J2P2, Canada; Order Denying
Export Privileges
On February 19, 2020, in the U.S.
District Court for the Northern District
of New York, Luc Emond (‘‘Emond’’)
was convicted of violating 18 U.S.C.
554(a). Specifically, Emond was
convicted of knowingly and willfully
attempting to smuggle from the U.S. to
Canada, a Sig Sauer P228 pistol kit and
a AR–15 300 AAC 7.5’’ pistol kit, which
were designated as defense articles on
the United States Munitions List,
without first obtaining the required
license or written authorization from the
Department of State. As a result of his
conviction, the Court sentenced Emond
to 10 months in prison, a fine of $3,000,
and a $100 special assessment.
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
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14FEN1
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Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices
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the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, Section 38
of AECA, 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) (Prior
Convictions). 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 Emond’s
conviction for violating 18 U.S.C. 554
(a) and, as provided in Section 766.25
of the Export Administration
Regulations (‘‘EAR’’ or the
‘‘Regulations’’), has provided notice and
opportunity for Emond to make a
written submission to BIS. 15 CFR
766.25.2 BIS has not received a
submission from Emond.
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 Emond’s export
privileges under the Regulations for a
period of five-years from the date of
Emond’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Emond had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 19, 2025, Luc Emond, with a
last known address of 9300 Justine
Street, Montreal, Quebec, H1J2P2,
Canada, 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
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).
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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20:12 Feb 13, 2023
Jkt 259001
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
acquires or attempts to acquire such
ownership, possession, or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed, or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed, or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification, or
testing.
Third, pursuant to Section 1760(e) of
ECRA (50 U.S.C. 4819(e)) and Sections
766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or
business organization related to the
Denied Person 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, the Denied Person may
file an appeal of this Order with the
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Sfmt 4703
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 the Denied Person and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until February 19, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–03104 Filed 2–13–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–151]
Tin Mill Products From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Melissa Porpotage, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1413.
SUPPLEMENTARY INFORMATION:
The Petition
On January 18, 2023, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of tin mill
products from the People’s Republic of
China (China) filed in proper form on
behalf of Cleveland-Cliffs Inc. and the
United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union (USW) (collectively,
the petitioners), a domestic producer of
tin mill products and a certified union,
which represents the workers engaged
in the production of tin mill products in
the United States.1 The CVD petition
was accompanied by antidumping duty
(AD) petitions concerning imports of tin
mill products from Canada, China,
Germany, the Netherlands, the Republic
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Tin Mill Products from
Canada, China, Germany, Netherlands, South
Korea, Taiwan, Turkey and the United Kingdom,’’
dated January 18, 2023 (Petition).
E:\FR\FM\14FEN1.SGM
14FEN1
]]>Agencies
[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9475-9476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03104]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Luc Emond, 9300 Justine Street, Montreal,
Quebec, H1J2P2, Canada; Order Denying Export Privileges
On February 19, 2020, in the U.S. District Court for the Northern
District of New York, Luc Emond (``Emond'') was convicted of violating
18 U.S.C. 554(a). Specifically, Emond was convicted of knowingly and
willfully attempting to smuggle from the U.S. to Canada, a Sig Sauer
P228 pistol kit and a AR-15 300 AAC 7.5'' pistol kit, which were
designated as defense articles on the United States Munitions List,
without first obtaining the required license or written authorization
from the Department of State. As a result of his conviction, the Court
sentenced Emond to 10 months in prison, a fine of $3,000, and a $100
special assessment.
Pursuant to Section 1760(e) of the Export Control Reform Act
(``ECRA''),\1\
[[Page 9476]]
the export privileges of any person who has been convicted of certain
offenses, including, but not limited to, Section 38 of AECA, 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) (Prior Convictions). 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 Emond's conviction for violating 18 U.S.C.
554 (a) and, as provided in Section 766.25 of the Export Administration
Regulations (``EAR'' or the ``Regulations''), has provided notice and
opportunity for Emond to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a submission from Emond.
---------------------------------------------------------------------------
\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 Emond's export privileges
under the Regulations for a period of five-years from the date of
Emond's conviction. The Office of Exporter Services has also decided to
revoke any BIS-issued licenses in which Emond 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 February 19, 2025, Luc
Emond, with a last known address of 9300 Justine Street, Montreal,
Quebec, H1J2P2, Canada, and when acting for or on his behalf, his
successors, assigns, employees, agents or representatives (``the Denied
Person''), may not directly or indirectly participate in any way in any
transaction involving any commodity, software, or technology
(hereinafter collectively referred to as ``item'') exported or to be
exported from the United States that is subject to the Regulations,
including, but not limited to:
A. Applying for, obtaining, or using any license, license
exception, or export control document;
B. Carrying on negotiations concerning, or ordering, buying,
receiving, using, selling, delivering, storing, disposing of,
forwarding, transporting, financing, or otherwise servicing in any way,
any transaction involving any item exported or to be exported from the
United States that is subject to the Regulations, or engaging in any
other activity subject to the Regulations; or
C. Benefitting in any way from any transaction involving any item
exported or to be exported from the United States that is subject to
the Regulations, or from any other activity subject to the Regulations.
Second, no person may, directly or indirectly, do any of the
following:
A. Export, reexport, or transfer (in-country) to or on behalf of
the Denied Person any item subject to the Regulations;
B. Take any action that facilitates the acquisition or attempted
acquisition by the Denied Person of the ownership, possession, or
control of any item subject to the Regulations that has been or will be
exported from the United States, including financing or other support
activities related to a transaction whereby the Denied Person acquires
or attempts to acquire such ownership, possession, or control;
C. Take any action to acquire from or to facilitate the acquisition
or attempted acquisition from the Denied Person of any item subject to
the Regulations that has been exported from the United States;
D. Obtain from the Denied Person in the United States any item
subject to the Regulations with knowledge or reason to know that the
item will be, or is intended to be, exported from the United States; or
E. Engage in any transaction to service any item subject to the
Regulations that has been or will be exported from the United States
and which is owned, possessed, or controlled by the Denied Person, or
service any item, of whatever origin, that is owned, possessed, or
controlled by the Denied Person if such service involves the use of any
item subject to the Regulations that has been or will be exported from
the United States. For purposes of this paragraph, servicing means
installation, maintenance, repair, modification, or testing.
Third, pursuant to Section 1760(e) of ECRA (50 U.S.C. 4819(e)) and
Sections 766.23 and 766.25 of the Regulations, any other person, firm,
corporation, or business organization related to the Denied Person 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, the Denied
Person 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 the Denied Person
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until February 19, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-03104 Filed 2-13-23; 8:45 am]
BILLING CODE 3510-DT-P
