In the Matter of: Andres Morales, Inmate Number: 61387-479, FCI Forrest City Low, Federal Correctional Institution, P.O. Box 9000, Forrest City, AR 72336; Order Denying Export Privileges, 29081-29082 [2023-09597]
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Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Notices
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 Jaimes 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, Jaimes 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 Jaimes and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until September 21, 2028.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–09598 Filed 5–4–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
lotter on DSK11XQN23PROD with NOTICES1
In the Matter of: Andres Morales,
Inmate Number: 61387–479, FCI
Forrest City Low, Federal Correctional
Institution, P.O. Box 9000, Forrest City,
AR 72336; Order Denying Export
Privileges
On June 28, 2021, in the U.S. District
Court for the Southern District of Texas,
Andres Morales (‘‘Morales’’) was
convicted of violating 18 U.S.C. 554(a).
Specifically, Morales was convicted of
smuggling from United States to
Mexico, approximately ten (10) to
fifteen (15) Barrett .50 caliber rifles; and
ten (10) or more AK–47 assault-style
rifles. As a result of his conviction, the
Court sentenced Morales to 84 months
of confinement, three years of
supervised release, and a $200
assessment.
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18:07 May 04, 2023
Jkt 259001
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 Morales’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
Morales to make a written submission to
BIS. 15 CFR 766.25.2 BIS has not
received a written submission from
Morales.
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 Morales’s export
privileges under the Regulations for a
period of 10 years from the date of
Morales’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Morales had an interest at the time of
his conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
June 28, 2031, Andres Morales, with a
last known address of Inmate Number:
61387–479, FCI Forrest City Low,
Federal Correctional Institution, P.O.
Box 9000, Forrest City, AR 72336, 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;
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 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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Fmt 4703
Sfmt 4703
29081
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.
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 Morales by ownership,
control, position of responsibility,
affiliation, or other connection in the
conduct of trade or business may also be
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05MYN1
29082
Federal Register / Vol. 88, No. 87 / Friday, May 5, 2023 / Notices
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, Morales 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 Morales and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until June 28, 2031.
John Sonderman,
Director, Office of Export Enforcement.
Scope of the Order
The products covered by this Order
are common alloy aluminum sheet from
India. For a full description of the
scope, see the Preliminary Decision
Memorandum.
[FR Doc. 2023–09597 Filed 5–4–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–895]
Common Alloy Aluminum Sheet From
India: Preliminary Results of
Antidumping Duty Administrative
Review; 2020–2022
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on
common alloy aluminum sheet
(aluminum sheet) from India. Commerce
preliminarily finds that sales of
aluminum sheet from India were not
sold in the United States at less than
normal value (NV) during the POR. We
invite interested parties to comment on
these preliminary results. The period of
review (POR) is October 15, 2020,
through March 31, 2022.
DATES: Applicable May 5, 2023.
FOR FURTHER INFORMATION CONTACT:
Rachel Jennings, 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) 482–6274.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
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18:07 May 04, 2023
Jkt 259001
Background
On April 27, 2021, Commerce
published the AD order on aluminum
sheet from India.1 On June 9, 2022,
Commerce initiated an administrative
review of the Order, in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act).2 This
administrative review covers two
producers/exporters of the subject
merchandise, Hindalco Industries
Limited (Hindalco) and Virgo
Aluminum Limited (Virgo).
On December 5, 2022, Commerce
extended the deadline for the
preliminary results until April 28,
2023.3 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Export price is calculated in
accordance with section 772 of the Act.
NV is calculated in accordance with
section 773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. A list of topics
included in the Preliminary Decision
Memorandum is included as an
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is made available to the
1 See Common Alloy Aluminum Sheet from
Bahrain, Brazil, Croatia, Egypt, Germany, India,
Indonesia, Italy, Oman, Romania, Serbia, Slovenia,
South Africa, Spain, Taiwan and the Republic of
Turkey: Antidumping Duty Orders, 86 FR 22139
(April 27, 2021) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
35165 (June 9, 2022).
3 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review, 2020–2022,’’ dated
December 5, 2022.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Antidumping Duty Order on
Common Alloy Aluminum Sheet from India; 2020–
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
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public 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 is available at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Rates for Non-Examined Company
Neither the Act nor Commerce’s
regulations address the establishment of
a rate to be applied to companies not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a
market economy investigation, for
guidance when calculating the rate for
companies that were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally ‘‘an amount equal to the
weighted-average of the estimated
weighted average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
Where the dumping margin for
individually examined respondents are
all zero, de minimis, or based entirely
on facts available, section 735(c)(5)(B) of
the Act provides that Commerce may
use ‘‘any reasonable method to establish
the estimated all-others rate for
exporters and producers not
individually investigated, including
averaging the estimated weighted
average dumping margins determined
for the exporters and producers
individually investigated.’’
In this review, we calculated a
weighted-average dumping margin for
Hindalco that is zero and we did not
calculate any margins which are not
zero, de minimis, determined entirely
on the basis of facts available. Therefore,
consistent with section 735(c)(5)(B) of
the Act, we are applying to Virgo, the
company not selected for individual
examination in this review, a margin of
zero percent.
E:\FR\FM\05MYN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 87 (Friday, May 5, 2023)]
[Notices]
[Pages 29081-29082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09597]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Andres Morales, Inmate Number: 61387-479, FCI
Forrest City Low, Federal Correctional Institution, P.O. Box 9000,
Forrest City, AR 72336; Order Denying Export Privileges
On June 28, 2021, in the U.S. District Court for the Southern
District of Texas, Andres Morales (``Morales'') was convicted of
violating 18 U.S.C. 554(a). Specifically, Morales was convicted of
smuggling from United States to Mexico, approximately ten (10) to
fifteen (15) Barrett .50 caliber rifles; and ten (10) or more AK-47
assault-style rifles. As a result of his conviction, the Court
sentenced Morales to 84 months of confinement, three years of
supervised release, and a $200 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 Morales'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 Morales to make a written submission to BIS. 15 CFR
766.25.\2\ BIS has not received a written submission from Morales.
---------------------------------------------------------------------------
\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 Morales's export privileges
under the Regulations for a period of 10 years from the date of
Morales's conviction. The Office of Exporter Services has also decided
to revoke any BIS-issued licenses in which Morales 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 28, 2031, Andres
Morales, with a last known address of Inmate Number: 61387-479, FCI
Forrest City Low, Federal Correctional Institution, P.O. Box 9000,
Forrest City, AR 72336, 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 Morales by ownership, control,
position of responsibility, affiliation, or other connection in the
conduct of trade or business may also be
[[Page 29082]]
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, Morales 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 Morales and shall
be published in the Federal Register.
Sixth, this Order is effective immediately and shall remain in
effect until June 28, 2031.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023-09597 Filed 5-4-23; 8:45 am]
BILLING CODE 3510-DT-P
