In the Matter of: Carlos Francisco Rodriguez, 4902 Marcella Ave., Apartment 25, Laredo, TX 78041-6315; Order Denying Export Privileges, 10289-10290 [2023-03448]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Notices
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has not received a written submission
from Palomares.
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 Palomares’s
export privileges under the Regulations
for a period of 10 years from the date of
Palomares’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Palomares had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
May 13, 2031, Rafael Palomares, Jr.,
with a last known address of Inmate
Number: 16266–508, FCI Florence,
Federal Correctional Institution, P.O.
Box 6000, Florence, CO 81226, 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
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).
VerDate Sep<11>2014
17:13 Feb 16, 2023
Jkt 259001
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
Palomares 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, Palomares 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 Palomares and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until May 13, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–03450 Filed 2–16–23; 8:45 am]
BILLING CODE 3510–DT–P
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10289
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Carlos Francisco
Rodriguez, 4902 Marcella Ave.,
Apartment 25, Laredo, TX 78041–6315;
Order Denying Export Privileges
On November 3, 2021, in the U.S.
District Court for the Southern District
of Texas, Carlos Francisco Rodriguez
(‘‘Francisco Rodriguez’’) was convicted
of violating 18 U.S.C. 554(a).
Specifically, Francisco Rodriguez was
convicted of knowingly and willfully
attempting to smuggle from the U.S. to
Mexico approximately 15,923 rounds of
ammunition of assorted calibers. As a
result of his conviction, the Court
sentenced Francisco Rodriguez to 24
months in prison, 3 years of supervised
release, and a $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.
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) (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 Francisco
Rodriguez’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 Francisco
Rodriguez to make a written submission
to BIS. 15 CFR 766.25.2 BIS has not
received a submission from Francisco
Rodriguez.
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 Francisco
Rodriguez’s export privileges under the
Regulations for a period of seven years
from the date of Francisco Rodriguez’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Francisco
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 30–774
(2022).
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lotter on DSK11XQN23PROD with NOTICES1
10290
Federal Register / Vol. 88, No. 33 / Friday, February 17, 2023 / Notices
Rodriguez had an interest at the time of
his conviction.3
Accordingly, it is hereby ORDERED:
First, from the date of this Order until
November 3, 2028, Carlos Francisco
Rodriguez, with a last known address of
4902 Marcella Ave., Apartment 25,
Laredo, TX 78041–6315 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
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
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).
VerDate Sep<11>2014
17:13 Feb 16, 2023
Jkt 259001
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 November 3, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–03448 Filed 2–16–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–051]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review and Final
Determination of No Shipments; 2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) continues to
determine that six exporters of certain
AGENCY:
PO 00000
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Sfmt 4703
hardwood plywood products (hardwood
plywood) from the People’s Republic of
China (China) under review had no
shipments of subject merchandise
during the period of review (POR)
January 1, 2021, through December 31,
2021. Commerce also continues to
determine that the remaining 14
companies subject to this review are
part of the China-wide entity, because
they did not demonstrate eligibility for
separate rates.
DATES: Applicable February 17, 2023.
FOR FURTHER INFORMATION CONTACT:
Nicolas Mayora, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3053.
SUPPLEMENTARY INFORMATION:
Background
On October 17, 2022, Commerce
published the Preliminary Results of
this administrative review.1 We invited
parties to comment on the Preliminary
Results. A complete summary of the
events that occurred since publication
of the Preliminary Results may be found
in the Issues and Decision
Memorandum.2
Scope of the Order 3
The merchandise covered by the
Order is hardwood plywood from
China. A full description of the scope of
the Order is contained in the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues that parties raised and
to which we responded in the Issues
and Decision Memorandum is attached
to this notice in Appendix II. 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
1 See Certain Hardwood Plywood from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021,
87 FR 62791 (October 17, 2022) (Preliminary
Results).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the
Administrative Review of the Antidumping Duty
Order on Certain Hardwood Plywood Products from
the People’s Republic of China; 2021,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
3 See Certain Hardwood Plywood Products from
the People’s Republic of China: Amended Final
Determination of Sales at Less Than Fair Value,
and Antidumping Duty Order, 83 FR 504 (January
4, 2018) (Order).
E:\FR\FM\17FEN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10289-10290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03448]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Carlos Francisco Rodriguez, 4902 Marcella Ave.,
Apartment 25, Laredo, TX 78041-6315; Order Denying Export Privileges
On November 3, 2021, in the U.S. District Court for the Southern
District of Texas, Carlos Francisco Rodriguez (``Francisco Rodriguez'')
was convicted of violating 18 U.S.C. 554(a). Specifically, Francisco
Rodriguez was convicted of knowingly and willfully attempting to
smuggle from the U.S. to Mexico approximately 15,923 rounds of
ammunition of assorted calibers. As a result of his conviction, the
Court sentenced Francisco Rodriguez to 24 months in prison, 3 years of
supervised release, and a $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.
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) (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 Francisco Rodriguez'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 Francisco Rodriguez to make a
written submission to BIS. 15 CFR 766.25.\2\ BIS has not received a
submission from Francisco Rodriguez.
---------------------------------------------------------------------------
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 30-774 (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 Francisco Rodriguez's export
privileges under the Regulations for a period of seven years from the
date of Francisco Rodriguez's conviction. The Office of Exporter
Services has also decided to revoke any BIS-issued licenses in which
Francisco
[[Page 10290]]
Rodriguez 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 November 3, 2028, Carlos
Francisco Rodriguez, with a last known address of 4902 Marcella Ave.,
Apartment 25, Laredo, TX 78041-6315 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 November 3, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-03448 Filed 2-16-23; 8:45 am]
BILLING CODE 3510-DT-P
