In the Matter of: Dina Zhu, 101 Windsor Chase Drive, Lawrenceville, GA 30043; Order Relating to Dina Zhu, 73309-73311 [2023-23571]
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73309
Notices
Federal Register
Vol. 88, No. 205
Wednesday, October 25, 2023
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Christopher Wedderburn at
Chris.Wedderburn@trade.gov.
Dated: October 20, 2023.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2023–23610 Filed 10–24–23; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 3510–DS–P
[B–54–2023]
DEPARTMENT OF COMMERCE
Foreign-Trade Zone (FTZ) 26,
Notification of Proposed Production
Activity; Helena Industries, LLC;
(Insecticides); Cordele, Georgia
Foreign-Trade Zones Board
Dated: October 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance, Alternate Chairman, ForeignTrade Zones Board.
[Order No. 2153]
[FR Doc. 2023–23609 Filed 10–24–23; 8:45 am]
Foreign-Trade Zones Board
lotter on DSK11XQN23PROD with NOTICES1
the requirements of the FTZ Act and the
Board’s regulations are satisfied;
Now, therefore, the Board hereby
approves the expansion of Subzone 98A
on behalf of Mercedes-Benz U.S.
International, Inc. in Moundville, Vance
and Woodstock, Alabama, as described
in the application and Federal Register
notice, subject to the FTZ Act and the
Board’s regulations, including section
400.13.
BILLING CODE 3510–DS–P
Helena Industries, LLC, submitted a
notification of proposed production
activity to the FTZ Board (the Board) for
its facilities in Cordele, Georgia within
FTZ 26. The notification conforming to
the requirements of the Board’s
regulations (15 CFR 400.22) was
received on October 19, 2023.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status material(s)/
component(s) and specific finished
product(s) described in the submitted
notification (summarized below) and
subsequently authorized by the Board.
The benefits that may stem from
conducting production activity under
FTZ procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz.
The proposed finished product is
thiamethoxam 240 grams/liter
suspended concentrate (duty rate 5%).
The proposed foreign-status material/
component is thiamethoxam
(insecticide active ingredient) (duty rate
6.5%). The request indicates that
thiamethoxam (insecticide active
ingredient) is subject to duties under
section 301 of the Trade Act of 1974
(section 301), depending on the country
of origin. The applicable section 301
decisions require subject merchandise
to be admitted to FTZs in privileged
foreign status (19 CFR 146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
December 4, 2023.
VerDate Sep<11>2014
17:01 Oct 24, 2023
Jkt 262001
Approval of Expansion of Subzone
98A; Mercedes-Benz U.S. International,
Inc.; Moundville, Vance and
Woodstock, Alabama
Pursuant to its authority under the
Foreign-Trade Zones Act of June 18,
1934, as amended (19 U.S.C. 81a–81u),
the Foreign-Trade Zones Board (the
Board) adopts the following Order:
Whereas, the Foreign-Trade Zones
(FTZ) Act provides for ‘‘. . . the
establishment . . . of foreign-trade
zones in ports of entry of the United
States, to expedite and encourage
foreign commerce, and for other
purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified
corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs and Border
Protection ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of subzones for specific
uses;
Whereas, the City of Birmingham,
grantee of Foreign-Trade Zone 98, has
made application to the Board to
expand Subzone 98A on behalf of
Mercedes-Benz U.S. International, Inc.
in Moundville, Vance and Woodstock,
Alabama (FTZ Docket B–33–2023,
docketed May 22, 2023);
Whereas, notice inviting public
comment has been given in the Federal
Register (88 FR 34127–34128, May 26,
2023) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiners’ memorandum, and finds that
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Dina Zhu, 101 Windsor
Chase Drive, Lawrenceville, GA 30043;
Order Relating to Dina Zhu
The Bureau of Industry and Security,
U.S. Department of Commerce (‘‘BIS’’),
has notified Dina Zhu, of Lawrenceville,
GA (‘‘Zhu’’), of its intention to initiate
an administrative proceeding against
Zhu pursuant to section 766.3 of the
Export Administration Regulations (the
‘‘Regulations’’),1 through the issuance of
a Proposed Charging Letter to Zhu that
alleges that Zhu committed one
1 The Regulations originally issued under the
Export Administration Act of 1979, as amended, 50
U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which has been
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). On August 13, 2018, the President
signed into law the John S. McCain National
Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of
2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While section
1766 of ECRA repeals the provisions of the EAA
(except for three sections which are inapplicable
here), section 1768 of ECRA provides, in pertinent
part, that all rules and regulations that were made
or issued under the EAA, including as continued
in effect pursuant to IEEPA, and were in effect as
of ECRA’s date of enactment (August 13, 2018),
shall continue in effect until modified, superseded,
set aside, or revoked through action undertaken
pursuant to the authority provided under ECRA.
E:\FR\FM\25OCN1.SGM
25OCN1
73310
Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices
violation of the Regulations.2
Specifically:
Charge 1 15 CFR 764.2(c)—Attempted
Unlicensed Export to China
On or about November 30, 2018, Zhu
engaged in conduct prohibited by the
Regulations by attempting to export optical
sighting devices, items subject to the
Regulations, and valued at approximately
$25,000, from the United States to the
Peoples Republic of China (‘‘China’’), via
Hong Kong, without the required Department
of Commerce export license. At the time of
the attempted export, the items were
classified under export control classification
(‘‘ECCN’’) 0A987 and controlled on Crime
Control grounds.3 Pursuant to Section 742.7
of the Regulations, a Department of
Commerce export license was required before
the items could be exported to Hong Kong or
China. OEE was able to interdict this
transaction by issuing the courier a redelivery order to return or unload the
shipment pursuant to Section 758.8 of the
Regulations.
During a subsequent December 2018
interview with OEE Special Agents, Zhu
admitted to responding to an online ad
seeking help in exporting commodities to
China. Zhu explained that optical sighting
devices would be delivered to her house from
U.S. vendors and then she would consolidate
the packages and take them to an
international courier for export to Hong
Kong. According to Zhu, she shipped the
packages to Hong Kong and was aware the
items would then be forwarded to mainland
China.
Zhu was also aware of U.S. government
export licensing requirements for optical
sighting devices, inter alia, having been
notified by U.S. Customs and Border
Protection (‘‘CBP’’) on or about May 19, 2017,
that a shipment of optical sighting devices
exported by Zhu was seized by CBP for not
having the requisite U.S. Government
authorization.4
In so doing, Zhu committed one violation
of 15 CFR 764.2(c).
lotter on DSK11XQN23PROD with NOTICES1
Whereas, BIS and Zhu have entered
into a Settlement Agreement pursuant to
Section 766.18(a) of the Regulations,
whereby they agreed to settle this matter
in accordance with the terms and
conditions set forth therein;
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022). The charged violations occurred in
2018. The Regulations governing the violations at
issue are found in the 2018 version of the Code of
Federal Regulations (15 CFR parts 730–774). The
2022 Regulations set forth the procedures that apply
to this matter.
3 Currently, the items are classified under ECCN
0A504. However, the items are still controlled on
Crime Control grounds and would still require an
export license to both Hong Kong and China.
4 At that time, the seized items were determined
to be controlled on the U.S. Munitions List under
Category XII(c)(2)(i). U.S. State Department
authorization pursuant to the International
Trafficking in Arms Regulation, 22 CFR parts 120–
130, was required to export the seized items.
VerDate Sep<11>2014
17:01 Oct 24, 2023
Jkt 262001
Whereas, Zhu admits committing the
alleged conduct described in the
Proposed Charging Letter; and
Whereas, I have approved of the terms
of such Settlement Agreement;
It is therefore ordered:
First, for a period of one (1) year from
the date of the Order, Zhu, with a last
known address of 101 Windsor Chase
Drive, Lawrenceville, GA 30043, and
when acting for or on her behalf, her
successors, assigns, representatives,
agents, or employees (hereinafter
collectively referred to as 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, or in any other activity
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 or reexport 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
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Sfmt 4703
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, any licenses issued under the
Regulations in which Zhu has an
interest as of the date of this Order shall
be revoked by BIS.
Fourth, that, after notice and
opportunity for comment as provided in
Section 766.23 of the Regulation, any
person, firm, corporation, or business
organization related to Zhu by
affiliation, ownership, control, or
position of responsibility in the conduct
or trade or related services may also be
made subject to the provisions of this
Order.
Fifth, as authorized by Section
766.18(c) of the Regulations, the denial
period shall be imposed and extended
for a second year, but for that second
year shall be suspended for a
probationary period and shall thereafter
be waived, provided that Zhu has not
committed another violation of ECRA,
the Regulations, or any order, license or
authorization issued under ECRA or the
Regulations. If Zhu commits another
violation of ECRA, the Regulations, or
any order, license or authorization
issued under ECRA or the Regulations
during the two-year period from the
date of the Order the suspended portion
of the Order may be modified or
revoked by BIS pursuant to Section
766.17(c) of the Regulations. If the
suspension of the denial is modified or
revoked, BIS may extend the active
denial period until up to two-years from
the date of the Order.
Sixth, the Proposed Charging Letter,
the Settlement Agreement, and this
Order shall be made available to the
public.
Seventh, a copy of this Order shall be
provided to Zhu, and shall be published
in the Federal Register.
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Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices
This Order, which constitutes the
final agency action in this matter, is
effective immediately.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export
Enforcement.
[FR Doc. 2023–23571 Filed 10–24–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–008]
Gas Powered Pressure Washers From
the Socialist Republic of Vietnam:
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the U.S. Department
of Commerce (Commerce) and the U.S.
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on gas powered pressure
washers (pressure washers) from the
Socialist Republic of Vietnam
(Vietnam).
AGENCY:
DATES:
Applicable October 25, 2023.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Matthew Palmer, AD/
CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–4243 and (202) 482–1678,
respectively.
SUPPLEMENTARY INFORMATION:
Background
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On August 29, 2023, Commerce
published its affirmative final
determination in the less-than-fair-value
(LTFV) investigation of pressure
washers from Vietnam.1 On October 13,
2023, the ITC notified Commerce of its
final determination, pursuant to section
735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
LTFV imports of pressure washers from
Vietnam.2
1 See Gas Powered Pressure Washers from the
Socialist Republic of Vietnam: Final Affirmative
Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical
Circumstances, 88 FR 59503 (August 29, 2023).
2 See ITC’s Letter, Notification Letter:
Investigation No. 731–TA–1598 (Final), dated
October 13, 2023.
VerDate Sep<11>2014
17:01 Oct 24, 2023
Jkt 262001
73311
Scope of the Order
The products covered by this order
are gas powered pressure washers from
Vietnam. For a complete description of
the scope of this order, see the appendix
to this notice.
the notice of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
subject merchandise, a cash deposit
equal to the rate listed below.
Antidumping Duty Order
On October 13, 2023, in accordance
with section 735(d) of the Act, the ITC
notified Commerce of its final
determination in this investigation, in
which it found that an industry in the
United States is materially injured by
reason of imports of pressure washers
from Vietnam.3 Therefore, in
accordance with section 735(c)(2) of the
Act, Commerce is issuing this
antidumping duty order. Because the
ITC determined that imports of pressure
washers from Vietnam materially injure
a U.S. industry, unliquidated entries of
such merchandise from Vietnam,
entered or withdrawn from warehouse
for consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of pressure washers
from Vietnam. Antidumping duties will
be assessed on unliquidated entries of
pressure washers from Vietnam entered,
or withdrawn from warehouse, for
consumption, on or after June 15, 2023,
the date of publication of the
Preliminary Determination in the
Federal Register, except as noted in the
‘‘Provisional Measures’’ section below.4
Estimated Weighted-Average Dumping
Margin
The estimated weighted-average
dumping margin is as follows:
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend
liquidation on all relevant entries of
pressure washers from Vietnam, except
as noted below. These instructions
suspending liquidation will remain in
effect until further notice.
Commerce will also instruct CBP to
require cash deposits equal to the
estimated weighted-average dumping
margin indicated in the table below.
Accordingly, effective on the date of
publication in the Federal Register of
3 Id.
4 See Gas Powered Pressure Washers from the
Socialist Republic of Vietnam: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value and Preliminary Determination of
Critical Circumstances, 88 FR 39221 (June 15, 2023)
(Preliminary Determination).
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Fmt 4703
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Exporter/producer
Vietnam-Wide Entity ...................
Estimated
weightedaverage
dumping
margin
(percent)
225.86
Critical Circumstances
With respect to the ITC’s negative
critical circumstances determination on
imports of pressure washers from
Vietnam, Commerce intends to instruct
CBP to lift suspension and to refund any
cash deposits made to secure the
payment of estimated antidumping
duties with respect to entries of the
subject merchandise from Vietnam
entered, or withdrawn from warehouse,
for consumption on or after March 17,
2023 (i.e., 90 days prior to the date of
the publication of the Preliminary
Determination), but before June 15, 2023
(i.e., the date of publication of the
Preliminary Determination).
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months, except where exporters
representing a significant proportion of
exports of the subject merchandise
request that Commerce extend the fourmonth period to no more than six
months. None of the exporters of
pressure washers requested Commerce
to extend the four-month period to six
months in this investigation.
The provisional measures period,
beginning on the date of publication of
the Preliminary Determination, ended
on October 12, 2023. Therefore, in
accordance with section 733(d) of the
Act, Commerce will instruct CBP to
terminate the suspension of liquidation
and to liquidate, without regard to
antidumping duties, unliquidated
entries of pressure washers from
Vietnam entered, or withdrawn from
warehouse, for consumption after
October 12, 2023, the final day on
which the provisional measures were in
effect, until and through the day
preceding the date of publication of the
ITC’s final affirmative injury
E:\FR\FM\25OCN1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73309-73311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23571]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
In the Matter of: Dina Zhu, 101 Windsor Chase Drive,
Lawrenceville, GA 30043; Order Relating to Dina Zhu
The Bureau of Industry and Security, U.S. Department of Commerce
(``BIS''), has notified Dina Zhu, of Lawrenceville, GA (``Zhu''), of
its intention to initiate an administrative proceeding against Zhu
pursuant to section 766.3 of the Export Administration Regulations (the
``Regulations''),\1\ through the issuance of a Proposed Charging Letter
to Zhu that alleges that Zhu committed one
[[Page 73310]]
violation of the Regulations.\2\ Specifically:
---------------------------------------------------------------------------
\1\ The Regulations originally issued under the Export
Administration Act of 1979, as amended, 50 U.S.C. 4601-4623 (Supp.
III 2015) (``the EAA''), which lapsed on August 21, 2001. The
President, through Executive Order 13,222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended by successive
Presidential Notices, continued the Regulations in full force and
effect under the International Emergency Economic Powers Act, 50
U.S.C. 1701, et seq. (2012) (``IEEPA''). On August 13, 2018, the
President signed into law the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, which includes the Export
Control Reform Act of 2018, 50 U.S.C. 4801-4852 (``ECRA''). While
section 1766 of ECRA repeals the provisions of the EAA (except for
three sections which are inapplicable here), section 1768 of ECRA
provides, in pertinent part, that all rules and regulations that
were made or issued under the EAA, including as continued in effect
pursuant to IEEPA, and were in effect as of ECRA's date of enactment
(August 13, 2018), shall continue in effect until modified,
superseded, set aside, or revoked through action undertaken pursuant
to the authority provided under ECRA.
\2\ The Regulations are currently codified in the Code of
Federal Regulations at 15 CFR parts 730-774 (2022). The charged
violations occurred in 2018. The Regulations governing the
violations at issue are found in the 2018 version of the Code of
Federal Regulations (15 CFR parts 730-774). The 2022 Regulations set
forth the procedures that apply to this matter.
---------------------------------------------------------------------------
Charge 1 15 CFR 764.2(c)--Attempted Unlicensed Export to China
On or about November 30, 2018, Zhu engaged in conduct prohibited
by the Regulations by attempting to export optical sighting devices,
items subject to the Regulations, and valued at approximately
$25,000, from the United States to the Peoples Republic of China
(``China''), via Hong Kong, without the required Department of
Commerce export license. At the time of the attempted export, the
items were classified under export control classification (``ECCN'')
0A987 and controlled on Crime Control grounds.\3\ Pursuant to
Section 742.7 of the Regulations, a Department of Commerce export
license was required before the items could be exported to Hong Kong
or China. OEE was able to interdict this transaction by issuing the
courier a re-delivery order to return or unload the shipment
pursuant to Section 758.8 of the Regulations.
---------------------------------------------------------------------------
\3\ Currently, the items are classified under ECCN 0A504.
However, the items are still controlled on Crime Control grounds and
would still require an export license to both Hong Kong and China.
---------------------------------------------------------------------------
During a subsequent December 2018 interview with OEE Special
Agents, Zhu admitted to responding to an online ad seeking help in
exporting commodities to China. Zhu explained that optical sighting
devices would be delivered to her house from U.S. vendors and then
she would consolidate the packages and take them to an international
courier for export to Hong Kong. According to Zhu, she shipped the
packages to Hong Kong and was aware the items would then be
forwarded to mainland China.
Zhu was also aware of U.S. government export licensing
requirements for optical sighting devices, inter alia, having been
notified by U.S. Customs and Border Protection (``CBP'') on or about
May 19, 2017, that a shipment of optical sighting devices exported
by Zhu was seized by CBP for not having the requisite U.S.
Government authorization.\4\
---------------------------------------------------------------------------
\4\ At that time, the seized items were determined to be
controlled on the U.S. Munitions List under Category XII(c)(2)(i).
U.S. State Department authorization pursuant to the International
Trafficking in Arms Regulation, 22 CFR parts 120-130, was required
to export the seized items.
---------------------------------------------------------------------------
In so doing, Zhu committed one violation of 15 CFR 764.2(c).
Whereas, BIS and Zhu have entered into a Settlement Agreement
pursuant to Section 766.18(a) of the Regulations, whereby they agreed
to settle this matter in accordance with the terms and conditions set
forth therein;
Whereas, Zhu admits committing the alleged conduct described in the
Proposed Charging Letter; and
Whereas, I have approved of the terms of such Settlement Agreement;
It is therefore ordered:
First, for a period of one (1) year from the date of the Order,
Zhu, with a last known address of 101 Windsor Chase Drive,
Lawrenceville, GA 30043, and when acting for or on her behalf, her
successors, assigns, representatives, agents, or employees (hereinafter
collectively referred to as 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, or in any other activity 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 or reexport 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, any licenses issued under the Regulations in which Zhu has
an interest as of the date of this Order shall be revoked by BIS.
Fourth, that, after notice and opportunity for comment as provided
in Section 766.23 of the Regulation, any person, firm, corporation, or
business organization related to Zhu by affiliation, ownership,
control, or position of responsibility in the conduct or trade or
related services may also be made subject to the provisions of this
Order.
Fifth, as authorized by Section 766.18(c) of the Regulations, the
denial period shall be imposed and extended for a second year, but for
that second year shall be suspended for a probationary period and shall
thereafter be waived, provided that Zhu has not committed another
violation of ECRA, the Regulations, or any order, license or
authorization issued under ECRA or the Regulations. If Zhu commits
another violation of ECRA, the Regulations, or any order, license or
authorization issued under ECRA or the Regulations during the two-year
period from the date of the Order the suspended portion of the Order
may be modified or revoked by BIS pursuant to Section 766.17(c) of the
Regulations. If the suspension of the denial is modified or revoked,
BIS may extend the active denial period until up to two-years from the
date of the Order.
Sixth, the Proposed Charging Letter, the Settlement Agreement, and
this Order shall be made available to the public.
Seventh, a copy of this Order shall be provided to Zhu, and shall
be published in the Federal Register.
[[Page 73311]]
This Order, which constitutes the final agency action in this
matter, is effective immediately.
Matthew S. Axelrod,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2023-23571 Filed 10-24-23; 8:45 am]
BILLING CODE 3510-DT-P
