In the Matter of: Edgar Ariel Bernal-Gonzalez, 11932 Lake June Road, Balch Springs, TX 75180; Order Denying Export Privileges, 14601-14602 [2023-04821]
Download as PDF
<![CDATA[
ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices
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.
Third, pursuant to section 1760(e) of
the Export Control Reform Act (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 Shaneivar by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
VerDate Sep<11>2014
18:19 Mar 08, 2023
Jkt 259001
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with part 756 of
the Regulations, Shaneivar 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 Shaneivar and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until October 1, 2030.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–04823 Filed 3–8–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Edgar Ariel BernalGonzalez, 11932 Lake June Road,
Balch Springs, TX 75180; Order
Denying Export Privileges
On June 10, 2021, in the U.S. District
Court for the Southern District of Texas,
Edgar Ariel Bernal-Gonzalez (‘‘BernalGonzalez’’) was convicted of violating
18 U.S.C. 554(a). Specifically, BernalGonzalez was convicted of smuggling
and attempting to smuggle from the
United States to Mexico, approximately
50 rounds of 9 mm ammunition,
approximately 50 rounds of .38 caliber
ammunition, one MEC–GAR Colt 38
magazine, one AK–47 Quad rail system
and 12 rubber rifle rail guards. As a
result of his conviction, the Court
sentenced Bernal-Gonzalez to 10
months of confinement, three years
supervised release and $100 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). 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 BernalGonzalez’s conviction for violating 18
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.
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
14601
U.S.C. 554. As provided in section
766.25 of the Export Administration
Regulations (‘‘EAR’’ or the
‘‘Regulations’’), BIS provided notice and
opportunity for Bernal-Gonzalez to
make a written submission to BIS. 15
CFR 766.25.2 BIS has not received a
written submission from BernalGonzalez.
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 BernalGonzalez’s export privileges under the
Regulations for a period of five years
from the date of Bernal-Gonzalez’s
conviction. The Office of Exporter
Services has also decided to revoke any
BIS-issued licenses in which BernalGonzalez had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 10, 2026, Edgar Ariel BernalGonzalez, with a last known address of
11932 Lake June Road, Balch Springs,
TX 75180, 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:
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).
E:\FR\FM\09MRN1.SGM
09MRN1
ddrumheller on DSK120RN23PROD with NOTICES1
14602
Federal Register / Vol. 88, No. 46 / Thursday, March 9, 2023 / Notices
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 Bernal-Gonzalez 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, Bernal-Gonzalez 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 Bernal-Gonzalez and shall
be published in the Federal Register.
VerDate Sep<11>2014
18:19 Mar 08, 2023
Jkt 259001
Sixth, this Order is effective
immediately and shall remain in effect
until June 10, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–04821 Filed 3–8–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–010]
Certain Crystalline Silicon Photovoltaic
Products From the People’s Republic
of China: Preliminary Results of
Antidumping Duty Administrative
Review, Partial Rescission of
Antidumping Administrative Review,
and Preliminary Determination of No
Shipments; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: This notice contains the
preliminary results of the U.S.
Department of Commerce’s (Commerce)
administrative review of the
antidumping duty order on certain
crystalline silicon photovoltaic products
(solar products) from the People’s
Republic of China (China) covering the
period of review (POR) February 1,
2021, through January 31, 2022.
Commerce preliminarily finds that the
sole mandatory respondent under
review sold subject merchandise at
prices below normal value (NV) during
the POR, that two companies under
review had no entries, exports, or sales
of solar products during the POR, and
that it is appropriate to rescind this
review with respect to 54 companies/
company groupings because all requests
to review these companies/company
groupings were timely withdrawn.
Interested parties are invited to
comment on these preliminary results of
review.
DATES: Applicable March 9, 2023.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4037.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On April 12, 2022, in response to a
request from the American Alliance for
Solar Manufacturing (the petitioner),
Commerce initiated an administrative
review of the antidumping duty order
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
on solar products from China 1 with
respect to 62 companies/company
groupings.2 Subsequently, the petitioner
timely withdrew its review request with
respect to 54 companies/company
groupings.3 On September 30, 2022,
Commerce extended the deadline for
issuing the preliminary results of this
review by 120 days, to February 28,
2023.4
For details regarding the events that
occurred subsequent to initiation of the
review, see the Preliminary Decision
Memorandum.5 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
I 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, the
Preliminary Decision Memorandum can
be accessed directly at https://
access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Order
The products covered by the Order
are solar products from China.6
Merchandise covered by the Order is
1 See Certain Crystalline Silicon Photovoltaic
Products from the People’s Republic of China:
Antidumping Duty Order; and Amended Final
Affirmative Countervailing Duty Determination and
Countervailing Duty Order, 80 FR 8592 (February
18, 2015) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
21619 (April 12, 2022) (Initiation Notice). Sixtythree company or company groupings are listed in
the Initiation Notice. However, the list includes the
name ‘‘Trina Solar Co., Ltd.,’’ and the name of this
company before the POR began, Changzhou Trina
Solar Energy Co., Ltd. Because both names refer to
the same company, we actually initiated the
administrative review with respect to only 62
companies or company groupings.
3 See Petitioner’s Letter, ‘‘Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Partial Withdrawal of Request for
Administrative Review,’’ dated July 11, 2022
(Partial Withdrawal).
4 See Memorandum, ‘‘Certain Crystalline Silicon
Photovoltaic Products from the People’s Republic of
China: Extension of Deadline for the Preliminary
Results of the 2021–2022 Antidumping Duty
Administrative Review,’’ dated September 30, 2022.
5 See Memorandum ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Certain Crystalline
Silicon Photovoltaic Products From the People’s
Republic of China; 2021–2022,’’ issued
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
6 For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.
Commerce revised certain HTSUS subheadings
listed in the scope of the Order based on a request,
and information obtained, from U.S. Customs and
Border Protection (CBP). See Memorandum,
‘‘Update to the ACE AD/CVD Case Reference File,’’
dated concurrently with this notice.
E:\FR\FM\09MRN1.SGM
09MRN1
]]>Agencies
[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14601-14602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04821]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Edgar Ariel Bernal-Gonzalez, 11932 Lake June
Road, Balch Springs, TX 75180; Order Denying Export Privileges
On June 10, 2021, in the U.S. District Court for the Southern
District of Texas, Edgar Ariel Bernal-Gonzalez (``Bernal-Gonzalez'')
was convicted of violating 18 U.S.C. 554(a). Specifically, Bernal-
Gonzalez was convicted of smuggling and attempting to smuggle from the
United States to Mexico, approximately 50 rounds of 9 mm ammunition,
approximately 50 rounds of .38 caliber ammunition, one MEC-GAR Colt 38
magazine, one AK-47 Quad rail system and 12 rubber rifle rail guards.
As a result of his conviction, the Court sentenced Bernal-Gonzalez to
10 months of confinement, three years supervised release and $100
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). 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 Bernal-Gonzalez's conviction for violating
18 U.S.C. 554. As provided in section 766.25 of the Export
Administration Regulations (``EAR'' or the ``Regulations''), BIS
provided notice and opportunity for Bernal-Gonzalez to make a written
submission to BIS. 15 CFR 766.25.\2\ BIS has not received a written
submission from Bernal-Gonzalez.
---------------------------------------------------------------------------
\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 Bernal-Gonzalez's export
privileges under the Regulations for a period of five years from the
date of Bernal-Gonzalez's conviction. The Office of Exporter Services
has also decided to revoke any BIS-issued licenses in which Bernal-
Gonzalez 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 June 10, 2026, Edgar Ariel
Bernal-Gonzalez, with a last known address of 11932 Lake June Road,
Balch Springs, TX 75180, 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:
[[Page 14602]]
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 Bernal-Gonzalez 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, Bernal-
Gonzalez 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 Bernal-Gonzalez
and shall be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 10, 2026.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-04821 Filed 3-8-23; 8:45 am]
BILLING CODE 3510-DT-P
