Transportation and Related Equipment Technical Advisory Committee; Notice of Open Meeting, 12655-12656 [2023-04105]
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ddrumheller on DSK120RN23PROD with NOTICES
Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
2778) (‘‘AECA’’). Specifically, Li was
convicted of knowingly and willfully
attempting to export from the United
States to China, a Harris Falcon III AN/
PRC 152A Radio, which is designated as
a defense article on the United States
Munitions List, without the required
licenses or written authorization from
the State Department. As a result of his
conviction, the Court sentenced Li to 36
months of confinement, three years of
supervised release and $100 assessment.
Li was also placed on U.S. Department
of State’s debarred list.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, Section 38
of the AECA, may be denied for a period
of up to ten (10) years from the date of
his/her conviction. See 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 Li’s conviction
for violating Section 38 of the AECA.
BIS provided notice and opportunity for
Li to make a written submission to BIS,
as provided in Section 766.25 of the
Export Administration Regulations
(‘‘EAR’’ or the ‘‘Regulations’’). 15 CFR
766.25.2 BIS has not received a written
submission from Li.
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 Li’s export
privileges under the Regulations for a
period of 10 years from the date of Li’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which Li had an
interest at the time of his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 12, 2030, Qingshan Li, with a last
known address of Room 201 NO106
Lane 24, Chengshan Rd., Pudong
District, Shanghai, China 200126, 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’’)
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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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
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.
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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 Li 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, Li 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 Li and shall be published
in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 12, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–03985 Filed 2–27–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Transportation and Related Equipment
Technical Advisory Committee; Notice
of Open Meeting
The Transportation and Related
Equipment Technical Advisory
Committee will meet on March 15,
2023, 11:30 a.m., Eastern Standard
Time, via teleconference. The
Committee advises the Office of the
Assistant Secretary for Export
Administration with respect to technical
questions that affect the level of export
controls applicable to transportation
and related equipment or technology.
Agenda
Public Session
1. Welcome and Introductions.
2. Status reports by working group
chairs.
3. Public comments and Proposals.
To join the conference, submit
inquiries to Ms. Yvette Springer at
Yvette.Springer@bis.doc.gov no later
than March 8, 2023.
To the extent time permits, members
of the public may present oral
statements to the Committee. The public
may submit written statements at any
time before or after the meeting.
However, to facilitate distribution of
public presentation materials to
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12656
Federal Register / Vol. 88, No. 39 / Tuesday, February 28, 2023 / Notices
Committee members, the Committee
suggests that presenters forward the
public presentation materials prior to
the meeting to Ms. Springer via email.
For more information, contact Ms.
Springer via email.
Yvette Springer,
Committee Liaison Officer.
combustion chamber, of the type
designed by FNA, produced in, and
exported from China.2 We invited
parties to comment on the Preliminary
Determination. For a complete
description of the events that followed
the Preliminary Determination, see the
Issues and Decision Memorandum.3
[FR Doc. 2023–04105 Filed 2–27–23; 8:45 am]
Scope of the Orders
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The merchandise subject to the
Orders is small vertical engines from
China. For a complete description of the
scope of the Orders, see the Issues and
Decision Memorandum.
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–124, C–570–125]
Certain Vertical Shaft Engines Between
99cc and Up To 225cc, and Parts
Thereof, From the People’s Republic of
China: Affirmative Final Determination
of Circumvention of the Antidumping
and Countervailing Duty Orders—DualPiston Engines
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
imports of dual-piston engines with a
single, common combustion chamber, of
the type designed by FNA Group, Inc.
(FNA), produced in, and exported from
the People’s Republic of China (China),
constitute later-developed merchandise
that is circumventing the antidumping
duty (AD) and countervailing duty
(CVD) orders on certain vertical shaft
engines between 99cc and up to 225cc,
and parts thereof (small vertical
engines), from China. Commerce is also
applying this affirmative circumvention
finding on a country-wide basis.
DATES: Applicable February 28, 2023.
FOR FURTHER INFORMATION CONTACT: Paul
Gill, AD/CVD Operations, Office IX,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5673.
SUPPLEMENTARY INFORMATION:
AGENCY:
ddrumheller on DSK120RN23PROD with NOTICES
Background
On September 29, 2022, Commerce
published the Preliminary
Determination of the circumvention
inquiry of the AD and CVD orders on
small vertical engines from China 1 with
respect to imports of dual-piston
engines with a single, common
1 See
Certain Vertical Shaft Engines Between 99cc
and Up To 225cc, and Parts Thereof from the
People’s Republic of China: Antidumping and
Countervailing Duty Orders, 86 FR 23675 (May 4,
2021) (Orders).
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Affirmative Final Determination of
Circumvention
Consistent with the Preliminary
Determination,5 Commerce continues to
determine that imports of dual-piston
engines with a single, common
combustion chamber, of the type
designed by FNA, produced in, and
exported from China, constitute laterdeveloped merchandise that is
circumventing the Orders, pursuant to
section 781(d) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.226(k). Commerce also continues to
apply this affirmative circumvention
finding on a country-wide basis.
Merchandise Subject to the
Circumvention Inquiry
Liquidation of Entries
In the Preliminary Determination,
Commerce stated it would instruct U.S.
This circumvention inquiry covers
Customs and Border Protection (CBP) to
dual-piston engines with a single,
suspend liquidation of, and collect cash
common combustion chamber, of the
type designed by FNA, produced in, and deposits on, imports of dual-piston
engines with a single, common
exported from China, that otherwise
combustion chamber, of the type
meet the scope of the Orders. The dualdesigned by FNA, produced in, and
piston engines subject to this
exported from China, that were entered,
circumvention inquiry have a common
or withdrawn from warehouse, for
combustion chamber shared by two
consumption on or after April 25, 2022
cylinders that contain pistons working
(i.e., the date of the initiation of this
4
in unison.
inquiry).6 On October 26, 2022,
Commerce rescinded the administrative
Analysis of Comments Received
review of the AD order for the period
All issues raised in the case and
July 23, 2020, through April 30, 2022.7
rebuttal briefs are addressed in the
Accordingly, the administrative review
Issues and Decision Memorandum. A
covering entries that would have been
list of the issues raised is attached in the suspended had they entered from April
25, 2022, through April 30, 2022, has
appendix to this notice. The Issues and
been rescinded.
Decision Memorandum is a public
For any unliquidated entries of dualdocument and is filed electronically via
piston engines with a single, common
Enforcement and Compliance’s
combustion chamber, of the type
Antidumping and Countervailing Duty
designed by FNA, produced in, and
Centralized Electronic Service System
exported from China, that entered as
(ACCESS). ACCESS is available to
non-AD/CVD type entries (e.g., type 01)
registered users at https://
access.trade.gov. In addition, a complete that were shipped and/or entered, or
withdrawn from warehouse, for
version of the Issues and Decision
consumption in the United States after
Memorandum can be accessed directly
April 25, 2022, importers should file a
at https://access.trade.gov/public/
Post Summary Correction with CBP, in
FRNoticesListLayout.aspx.
accordance with CBP’s regulations
regarding the conversion of such entries
2 See Certain Vertical Shaft Engines Between 99cc
from non-AD/CVD case numbers to AD/
and Up To 225cc, and Parts Thereof, from the
People’s Republic of China: Affirmative Preliminary CVD type entries (e.g., type 01 to type
03). For such shipments, the Post
Determination of Circumvention of the
Antidumping and Countervailing Duty Orders-Dual- Summary Corrections should be
Piston Engines; Rescission in Part, 87 FR 59059
completed as soon as practicable, but no
(September 29, 2022) (Preliminary Determination),
later than 45 days after the publication
and accompanying Preliminary Decision
of this notice in the Federal Register.
Memorandum (PDM).
3 See Memorandum, ‘‘Certain Vertical Shaft
Importers should report those AD/CVD
Engines Between 99cc and 225cc from the People’s
type entries of merchandise under the
Republic of China: Issues and Decision
AD/CVD case numbers of the Orders on
Memorandum for Circumvention Inquiry—Dualsmall vertical engines from China (i.e.,
Piston Engines,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
4 See Petitioner’s Letter, ‘‘Request for AntiCircumvention Inquiry Pursuant to Section 781(c)
and/or Section 781(d) of the Tariff Act of 1930,’’
dated March 4, 2022, at 2–3.
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5 See
Preliminary Determination PDM.
87 FR at 59060.
7 See Rescission of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
64764 (October 26, 2022).
6 Id.,
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Agencies
[Federal Register Volume 88, Number 39 (Tuesday, February 28, 2023)]
[Notices]
[Pages 12655-12656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04105]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Transportation and Related Equipment Technical Advisory
Committee; Notice of Open Meeting
The Transportation and Related Equipment Technical Advisory
Committee will meet on March 15, 2023, 11:30 a.m., Eastern Standard
Time, via teleconference. The Committee advises the Office of the
Assistant Secretary for Export Administration with respect to technical
questions that affect the level of export controls applicable to
transportation and related equipment or technology.
Agenda
Public Session
1. Welcome and Introductions.
2. Status reports by working group chairs.
3. Public comments and Proposals.
To join the conference, submit inquiries to Ms. Yvette Springer at
[email protected] no later than March 8, 2023.
To the extent time permits, members of the public may present oral
statements to the Committee. The public may submit written statements
at any time before or after the meeting. However, to facilitate
distribution of public presentation materials to
[[Page 12656]]
Committee members, the Committee suggests that presenters forward the
public presentation materials prior to the meeting to Ms. Springer via
email.
For more information, contact Ms. Springer via email.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2023-04105 Filed 2-27-23; 8:45 am]
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