80 FR 17718 - Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range		17718-17719
FR Document		2015-07641
Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17718-17719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07641]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Order Denying Export Privileges

    In the Matter of: Ivon Castaneda, Inmate Number--99682-004, FCI 
Coleman Medium Federal Correctional Institution, P.O. Box 1032, 
Coleman, FL 33521,
    Washington, DC 20230

    On December 18, 2012, in the U.S. District Court, Southern District 
of Florida, Ivon Castaneda (``Castaneda''), was convicted of violating 
Section 38 of the Arms Export Control Act (22 U.S.C. 2778 (2012)) 
(``AECA''). Specifically, Castaneda conspired, knowingly and willfully 
attempted to export defense articles, that is AR-15/M-16 firearm 
barrels, receivers, components, parts, and accessories, from the United 
States to Honduras without having first obtained a license or written 
approval from the U.S. Department of State. Castaneda was sentenced 37 
months of imprisonment, two years of supervised release and fined a 
$200 assessment.
    Section 766.25 of the Export Administration Regulations (``EAR'' or 
``Regulations'') \1\ provides, in pertinent part, that ``[t]he Director 
of the Office of Exporter Services, in consultation with the Director 
of the Office of Export Enforcement, may deny the export privileges of 
any person who has been convicted of a violation of the Export 
Administration Act (``EAA''), the EAR, or any order, license or 
authorization issued thereunder; any regulation, license, or order 
issued under the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706); 18 U.S.C. 793, 794 or 798; section 4(b) of the Internal 
Security Act of 1950 (50 U.S.C. 783(b)), or section 38 of the Arms 
Export Control Act (22 U.S.C. 2778).'' 15 CFR 766.25(a); see also 
Section 11(h) of the EAA, 50 U.S.C. app. Sec.  2410(h). The denial of 
export privileges under this provision may be for a period of up to 10 
years from the date of the conviction. 15 CFR 766.25(d); see also 50 
U.S.C. app. Sec.  2410(h). In addition, Section 750.8 of the 
Regulations states that the Bureau of Industry and Security's Office of 
Exporter Services may revoke any Bureau of Industry and Security 
(``BIS'') licenses previously issued in which the person had an 
interest in at the time of his conviction.
---------------------------------------------------------------------------

    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2014). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. app. 
Sec. Sec.  2401-2420 (2000)) (``EAA''). Since August 21, 2001, the 
EAA has been in lapse and the President, through Executive Order 
13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has 
been extended by successive Presidential Notices, the most recent 
being that of August 7, 2014 (79 FR 46959 (August 11, 2014)), has 
continued the Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. 
IV 2010)).
---------------------------------------------------------------------------

    BIS has received notice of Castaneda's conviction for violating the 
AECA, and has provided notice and an opportunity for Castaneda to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Castaneda.
    Based upon my review and consultations with BIS's Office of Export 
Enforcement, including its Director, and the facts available to BIS, I 
have decided to deny Castaneda's export privileges under the 
Regulations for a period of 10 years from the date of Castaneda's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Castaneda had an interest at the 
time of her conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until December 18, 2022, Ivon 
Castaneda, with a last known address of Inmate Number--99682-004, FCI 
Coleman Medium, Federal Correctional Institution, P.O. Box 1032, 
Coleman, FL 33521, and when acting for or on her behalf, her 
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 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 in 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

[[Page 17719]]

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, after notice and opportunity for comment as provided in 
Section 766.23 of the Regulations, any other person, firm, corporation, 
or business organization related to Castaneda 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, Castaneda 
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 Castaneda. 
This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until December 18, 2022.

    Issued this 26th day of March, 2015.
Thomas Andrukonis,
Acting Director, Office of Exporter Services .
[FR Doc. 2015-07641 Filed 4-1-15; 8:45 am]
BILLING CODE CODE P
17718 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

entries to which this administrative was convicted of violating Section 38 of Based upon my review and
review pertained shall be assessed the Arms Export Control Act (22 U.S.C. consultations with BIS’s Office of
antidumping duties at rates equal to the 2778 (2012)) (‘‘AECA’’). Specifically, Export Enforcement, including its
cash deposit of estimated antidumping Castaneda conspired, knowingly and Director, and the facts available to BIS,
duties required at the time of entry, or willfully attempted to export defense I have decided to deny Castaneda’s
withdrawal from warehouse, for articles, that is AR–15/M–16 firearm export privileges under the Regulations
consumption, in accordance with 19 barrels, receivers, components, parts, for a period of 10 years from the date of
CFR 351.212(c)(1)(i). The Department and accessories, from the United States Castaneda’s conviction. I have also
intends to issue appropriate assessment to Honduras without having first decided to revoke all licenses issued
instructions to CBP 15 days after the obtained a license or written approval pursuant to the Act or Regulations in
publication of this notice in the Federal from the U.S. Department of State. which Castaneda had an interest at the
Register, if appropriate. Castaneda was sentenced 37 months of time of her conviction.
imprisonment, two years of supervised Accordingly, it is hereby ordered:
Notifications First, from the date of this Order until
release and fined a $200 assessment.
This notice serves as a final reminder December 18, 2022, Ivon Castaneda,
to importers of their responsibility Section 766.25 of the Export with a last known address of Inmate
under 19 CFR 351.402(f)(2) to file a Administration Regulations (‘‘EAR’’ or Number—99682–004, FCI Coleman
certificate regarding the reimbursement ‘‘Regulations’’) 1 provides, in pertinent Medium, Federal Correctional
of antidumping duties prior to part, that ‘‘[t]he Director of the Office of Institution, P.O. Box 1032, Coleman, FL
liquidation of the relevant entries Exporter Services, in consultation with 33521, and when acting for or on her
during this review period. Failure to the Director of the Office of Export behalf, her successors, assigns,
comply with this requirement could Enforcement, may deny the export employees, agents or representatives
result in the Department’s presumption privileges of any person who has been (the ‘‘Denied Person’’), may not, directly
that reimbursement of the antidumping convicted of a violation of the Export or indirectly, participate in any way in
duties occurred and the subsequent Administration Act (‘‘EAA’’), the EAR, any transaction involving any
assessment of doubled antidumping or any order, license or authorization commodity, software or technology
duties. issued thereunder; any regulation, (hereinafter collectively referred to as
This notice also serves as a final license, or order issued under the ‘‘item’’) exported or to be exported from
reminder to parties subject to International Emergency Economic the United States that is subject to the
administrative protective order (‘‘APO’’) Powers Act (50 U.S.C. 1701–1706); 18 Regulations, including, but not limited
of their responsibility concerning the U.S.C. 793, 794 or 798; section 4(b) of to:
return or destruction of proprietary the Internal Security Act of 1950 (50 A. Applying for, obtaining, or using
information disclosed under APO in U.S.C. 783(b)), or section 38 of the Arms any license, License Exception, or
accordance with 19 CFR 351.305(a)(3), Export Control Act (22 U.S.C. 2778).’’ 15 export control document;
which continues to govern business CFR 766.25(a); see also Section 11(h) of B. Carrying on negotiations
proprietary information in this segment the EAA, 50 U.S.C. app. § 2410(h). The concerning, or ordering, buying,
of the proceeding. Timely written denial of export privileges under this receiving, using, selling, delivering,
notification of the return or destruction provision may be for a period of up to storing, disposing of, forwarding,
of APO materials, or conversion to 10 years from the date of the conviction. transporting, financing, or otherwise
judicial protective order, is hereby 15 CFR 766.25(d); see also 50 U.S.C. servicing in any way, any transaction
requested. Failure to comply with the app. § 2410(h). In addition, Section involving any item exported or to be
regulations and terms of an APO is a 750.8 of the Regulations states that the exported from the United States that is
violation which is subject to sanction. Bureau of Industry and Security’s Office subject to the Regulations, or in any
This notice is issued and published in of Exporter Services may revoke any other activity subject to the Regulations;
accordance with sections 751(a)(1) and Bureau of Industry and Security (‘‘BIS’’) or
777(i)(1) of the Tariff Act of 1930, as licenses previously issued in which the C. Benefitting in any way from any
amended, and 19 CFR 351.213(d)(4). person had an interest in at the time of transaction involving any item exported
his conviction. or to be exported from the United States
Dated: March 27, 2015.
Christian Marsh, BIS has received notice of Castaneda’s that is subject to the Regulations, or in
conviction for violating the AECA, and any other activity subject to the
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations. has provided notice and an opportunity Regulations.
for Castaneda to make a written Second, no person may, directly or
[FR Doc. 2015–07599 Filed 4–1–15; 8:45 am]
submission to BIS, as provided in indirectly, do any of the following:
BILLING CODE CODE 3510–DS–P A. Export or reexport to or on behalf
Section 766.25 of the Regulations. BIS
has not received a submission from of the Denied Person any item subject to
Castaneda. the Regulations;
DEPARTMENT OF COMMERCE B. Take any action that facilitates the
Bureau of Industry and Security 1 The Regulations are currently codified in the
acquisition or attempted acquisition by
Code of Federal Regulations at 15 CFR parts 730– the Denied Person of the ownership,
Order Denying Export Privileges 774 (2014). The Regulations issued pursuant to the possession, or control of any item
Export Administration Act (50 U.S.C. app. §§ 2401– subject to the Regulations that has been
2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the or will be exported from the United
In the Matter of: Ivon Castaneda, Inmate
EAA has been in lapse and the President, through
tkelley on DSK3SPTVN1PROD with NOTICES

Number—99682–004, FCI Coleman Medium Executive Order 13222 of August 17, 2001 (3 CFR, States, including financing or other
Federal Correctional Institution, P.O. Box 2001 Comp. 783 (2002)), which has been extended support activities related to a
1032, Coleman, FL 33521, by successive Presidential Notices, the most recent transaction whereby the Denied Person
Washington, DC 20230 being that of August 7, 2014 (79 FR 46959 (August acquires or attempts to acquire such
11, 2014)), has continued the Regulations in effect
On December 18, 2012, in the U.S. under the International Emergency Economic ownership, possession or control;
District Court, Southern District of Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp. C. Take any action to acquire from or
Florida, Ivon Castaneda (‘‘Castaneda’’), IV 2010)). to facilitate the acquisition or attempted

VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17719

acquisition from the Denied Person of DEPARTMENT OF COMMERCE that they agree with the scope exclusion
any item subject to the Regulations that language proposed by Pier 1.1
has been exported from the United International Trade Administration
Scope of the Order
States;
[A–570–890] The product covered by the order is
D. Obtain from the Denied Person in
wooden bedroom furniture. Wooden
the United States any item subject to the bedroom furniture is generally, but not
Wooden Bedroom Furniture From the
Regulations with knowledge or reason People’s Republic of China: Notice of exclusively, designed, manufactured,
to know that the item will be, or is Initiation of Changed Circumstances and offered for sale in coordinated
intended to be, exported from the Review, and Consideration of groups, or bedrooms, in which all of the
United States; or Revocation of the Antidumping Duty individual pieces are of approximately
E. Engage in any transaction to service Order in Part the same style and approximately the
any item subject to the Regulations that same material and/or finish. The subject
has been or will be exported from the AGENCY: Enforcement and Compliance, merchandise is made substantially of
United States and which is owned, International Trade Administration, wood products, including both solid
possessed or controlled by the Denied Department of Commerce. wood and also engineered wood
Person, or service any item, of whatever SUMMARY: Based on a request from Pier products made from wood particles,
origin, that is owned, possessed or 1 Imports (U.S.), Inc. (‘‘Pier 1’’), the fibers, or other wooden materials such
controlled by the Denied Person if such Department of Commerce (the as plywood, strand board, particle
service involves the use of any item ‘‘Department’’) is initiating a changed board, and fiberboard, with or without
subject to the Regulations that has been circumstances review to consider the wood veneers, wood overlays, or
possible revocation, in part, of the laminates, with or without non-wood
or will be exported from the United
antidumping duty (‘‘AD’’) order on components or trim such as metal,
States. For purposes of this paragraph,
wooden bedroom furniture from the marble, leather, glass, plastic, or other
servicing means installation,
People’s Republic of China (‘‘PRC’’) resins, and whether or not assembled,
maintenance, repair, modification or completed, or finished.
with respect to jewelry armoires that
testing. The subject merchandise includes the
have at least one front door.
Third, after notice and opportunity for following items: (1) Wooden beds such
DATES: Effective April 2, 2015.
comment as provided in Section 766.23 as loft beds, bunk beds, and other beds;
of the Regulations, any other person, FOR FURTHER INFORMATION CONTACT: (2) wooden headboards for beds
firm, corporation, or business Howard Smith or Valerie Ellis, AD/CVD (whether stand-alone or attached to side
organization related to Castaneda by Operations, Office IV, Enforcement and rails), wooden footboards for beds,
ownership, control, position of Compliance, International Trade wooden side rails for beds, and wooden
responsibility, affiliation, or other Administration, U.S. Department of canopies for beds; (3) night tables, night
Commerce, 14th Street and Constitution stands, dressers, commodes, bureaus,
connection in the conduct of trade or
Avenue NW., Washington, DC 20230; mule chests, gentlemen’s chests,
business may also be made subject to
telephone: (202) 482–5193 or (202) 482– bachelor’s chests, lingerie chests,
the provisions of this Order in order to
4551, respectively. wardrobes, vanities, chessers,
prevent evasion of this Order.
SUPPLEMENTARY INFORMATION: chifforobes, and wardrobe-type cabinets;
Fourth, in accordance with Part 756 of (4) dressers with framed glass mirrors
the Regulations, Castaneda may file an Background that are attached to, incorporated in, sit
appeal of this Order with the Under On January 4, 2005, the Department on, or hang over the dresser; (5) chests-
Secretary of Commerce for Industry and published the Notice of Amended Final on-chests,2 highboys,3 lowboys,4 chests
Security. The appeal must be filed Determination of Sales at Less Than of drawers,5 chests,6 door chests,7
within 45 days from the date of this Fair Value and Antidumping Duty
Order and must comply with the Order: Wooden Bedroom Furniture 1 See March 11, 2015 letter from Petitioners Re:

provisions of Part 756 of the From the People’s Republic of China, 70 Wooden Bedroom Furniture From The People’s
Regulations. Republic of China/Petitioners’ Response to Pier 1
FR 329 (January 4, 2005). On February Imports’ Letter of February 13, 2015 (‘‘Petitioners
Fifth, a copy of this Order shall be 13, 2015, Pier 1, an importer of the agree with the proposed amendment.’’).
delivered to the Castaneda. This Order subject merchandise, requested 2 A chest-on-chest is typically a tall chest-of-

shall be published in the Federal revocation, in part, of the AD order drawers in two or more sections (or appearing to be
pursuant to section 751(b)(1) of the in two or more sections), with one or two sections
Register. mounted (or appearing to be mounted) on a slightly
Tariff Act of 1930, as amended (‘‘the larger chest; also known as a tallboy.
Sixth, this Order is effective Act’’) and section 351.216(b) of the 3 A highboy is typically a tall chest of drawers
immediately and shall remain in effect Department’s regulations, with respect usually composed of a base and a top section with
until December 18, 2022. to certain jewelry armoires with at least drawers, and supported on four legs or a small chest
(often 15 inches or more in height).
Issued this 26th day of March, 2015. one front door. The scope of the order 4 A lowboy is typically a short chest of drawers,

Thomas Andrukonis, currently excludes certain jewelry not more than four feet high, normally set on short
armoires with at least one side door but legs.
Acting Director, Office of Exporter Services
.
does not exclude jewelry armoires with 5 A chest of drawers is typically a case containing

at least one front door. Pier 1 proposes drawers for storing clothing.
[FR Doc. 2015–07641 Filed 4–1–15; 8:45 am] 6 A chest is typically a case piece taller than it
adding the phrase ‘‘or at least one front
tkelley on DSK3SPTVN1PROD with NOTICES

BILLING CODE CODE P is wide featuring a series of drawers and with or
door’’ to the existing exclusion for without one or more doors for storing clothing. The
jewelry armoires. On March 11, 2015, piece can either include drawers or be designed as
the American Furniture Manufacturers a large box incorporating a lid.
7 A door chest is typically a chest with hinged
Committee for Legal Trade and
doors to store clothing, whether or not containing
Vaughan-Bassett Furniture Company, drawers. The piece may also include shelves for
Inc. (collectively, ‘‘Petitioners’’) stated televisions and other entertainment electronics.

VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1
Document Created: 2018-02-21 10:03:36
Document Modified: 2018-02-21 10:03:36
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
FR Citation		80 FR 17718
80 FR 17718 - Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 63 (April 2, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
