80 FR 28954 - Bureau Of Industry And Security In the Matter of: Wei Jiun Chu, a/k/a Jim Chu, 1530 Silver Rain Drive, Diamond Bar, CA 91765; Order Denying Export Privileges

DEPARTMENT OF COMMERCE

Federal Register Volume 80, Issue 97 (May 20, 2015)

Page Range		28954-28955
FR Document		2015-12194
Federal Register, Volume 80 Issue 97 (Wednesday, May 20, 2015)
[Federal Register Volume 80, Number 97 (Wednesday, May 20, 2015)]
[Notices]
[Pages 28954-28955]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12194]


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DEPARTMENT OF COMMERCE


Bureau Of Industry And Security In the Matter of: Wei Jiun Chu, 
a/k/a Jim Chu, 1530 Silver Rain Drive, Diamond Bar, CA 91765; Order 
Denying Export Privileges

    On August 25, 2014, in the U.S. District Court for the District of 
Arizona, Wei Jiun Chu, a/k/a Jim Chu (``Chu''), was convicted of 
violating Section 38 of the Arms Export Control Act (22 U.S.C. 2778 
(2012)) (``AECA''). Specifically, Chu knowingly and willfully exported 
from the United States to Taiwan 40 radiation-hardened adjustable 
positive voltage regulators, which were designated as defense articles 
from Category XV(e) of the United States Munitions List, without having 
first obtained from the United States Department of State, Directorate 
of Defense Trade Controls, a license for such export or written 
authorization for such export. Chu was sentenced to 36 months of 
probation, with no confinement time and a $100 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.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2015). 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)).
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    BIS has received notice of Chu's conviction for violating the AECA, 
and has provided notice and an opportunity for Chu to make a written 
submission to BIS, as provided in Section 766.25 of the Regulations. 
BIS has not received a submission from Chu.
    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 Chu's export privileges under the Regulations for 
a period of 10 years from the date of Chu's conviction. I have also 
decided to revoke all licenses issued pursuant to the Act or 
Regulations in which Chu had an interest at the time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until August 25, 2024, Wei Jiun 
Chu, a/k/a

[[Page 28955]]

Jim Chu, with a last known address of 1530 Silver Rain Drive, Diamond 
Bar, CA 91765, 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 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 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 Chu 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, Chu 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 Chu. This 
Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until August 25, 2024.

    Issued this 13 day of May, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-12194 Filed 5-19-15; 8:45 am]
BILLING CODE P
28954 Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices

known address of 400 S. Ortonville controlled by the Denied Person if such confinement time and a $100
Road, Ortonville, Michigan 48462, and service involves the use of any item assessment.
when acting for or on his behalf, his subject to the Regulations that has been Section 766.25 of the Export
successors, assigns, employees, agents or will be exported from the United Administration Regulations (‘‘EAR’’ or
or representatives (the ‘‘Denied States. For purposes of this paragraph, ‘‘Regulations’’) 1 provides, in pertinent
Person’’), may not, directly or indirectly, servicing means installation, part, that ‘‘[t]he Director of the Office of
participate in any way in any maintenance, repair, modification or Exporter Services, in consultation with
transaction involving any commodity, testing. the Director of the Office of Export
software or technology (hereinafter Third, after notice and opportunity for Enforcement, may deny the export
collectively referred to as ‘‘item’’) comment as provided in Section 766.23 privileges of any person who has been
exported or to be exported from the of the Regulations, any other person, convicted of a violation of the Export
United States that is subject to the firm, corporation, or business Administration Act (‘‘EAA’’), the EAR,
Regulations, including, but not limited organization related to DeBose by or any order, license or authorization
to: ownership, control, position of issued thereunder; any regulation,
A. Applying for, obtaining, or using responsibility, affiliation, or other license, or order issued under the
any license, License Exception, or connection in the conduct of trade or International Emergency Economic
export control document; business may also be made subject to Powers Act (50 U.S.C. 1701–1706); 18
B. Carrying on negotiations the provisions of this Order in order to U.S.C. 793, 794 or 798; section 4(b) of
concerning, or ordering, buying, prevent evasion of this Order. the Internal Security Act of 1950 (50
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of U.S.C. 783(b)), or section 38 of the Arms
storing, disposing of, forwarding, the Regulations, DeBose may file an Export Control Act (22 U.S.C. 2778).’’ 15
transporting, financing, or otherwise appeal of this Order with the Under CFR 766.25(a); see also Section 11(h) of
servicing in any way, any transaction Secretary of Commerce for Industry and the EAA, 50 U.S.C. app. § 2410(h). The
involving any item exported or to be Security. The appeal must be filed denial of export privileges under this
exported from the United States that is within 45 days from the date of this provision may be for a period of up to
subject to the Regulations, or in any Order and must comply with the 10 years from the date of the conviction.
other activity subject to the Regulations; provisions of Part 756 of the 15 CFR 766.25(d); see also 50 U.S.C.
or Regulations. app. § 2410(h). In addition, Section
C. Benefitting in any way from any Fifth, a copy of this Order shall be 750.8 of the Regulations states that the
transaction involving any item exported delivered to the DeBose. This Order Bureau of Industry and Security’s Office
or to be exported from the United States shall be published in the Federal of Exporter Services may revoke any
that is subject to the Regulations, or in Register. Bureau of Industry and Security (‘‘BIS’’)
any other activity subject to the Sixth, this Order is effective licenses previously issued in which the
Regulations. immediately and shall remain in effect person had an interest in at the time of
Second, no person may, directly or until July 19, 2023. his conviction.
indirectly, do any of the following: Issued this 11 day of May, 2015. BIS has received notice of Chu’s
A. Export or reexport to or on behalf Karen H. Nies-Vogel, conviction for violating the AECA, and
of the Denied Person any item subject to Director, Office of Exporter Services.
has provided notice and an opportunity
the Regulations; for Chu to make a written submission to
[FR Doc. 2015–12195 Filed 5–19–15; 8:45 am]
B. Take any action that facilitates the BIS, as provided in Section 766.25 of
BILLING CODE P
acquisition or attempted acquisition by the Regulations. BIS has not received a
the Denied Person of the ownership, submission from Chu.
possession, or control of any item Based upon my review and
DEPARTMENT OF COMMERCE
subject to the Regulations that has been consultations with BIS’s Office of
or will be exported from the United Bureau Of Industry And Security In the Export Enforcement, including its
States, including financing or other Matter of: Wei Jiun Chu, a/k/a Jim Chu, Director, and the facts available to BIS,
support activities related to a 1530 Silver Rain Drive, Diamond Bar, I have decided to deny Chu’s export
transaction whereby the Denied Person CA 91765; Order Denying Export privileges under the Regulations for a
acquires or attempts to acquire such Privileges period of 10 years from the date of Chu’s
ownership, possession or control; conviction. I have also decided to
C. Take any action to acquire from or On August 25, 2014, in the U.S. revoke all licenses issued pursuant to
to facilitate the acquisition or attempted District Court for the District of Arizona, the Act or Regulations in which Chu
acquisition from the Denied Person of Wei Jiun Chu, a/k/a Jim Chu (‘‘Chu’’), had an interest at the time of his
any item subject to the Regulations that was convicted of violating Section 38 of conviction.
has been exported from the United the Arms Export Control Act (22 U.S.C. Accordingly, it is hereby ordered:
States; 2778 (2012)) (‘‘AECA’’). Specifically, First, from the date of this Order until
D. Obtain from the Denied Person in Chu knowingly and willfully exported August 25, 2024, Wei Jiun Chu, a/k/a
the United States any item subject to the from the United States to Taiwan 40
1 The Regulations are currently codified in the
Regulations with knowledge or reason radiation-hardened adjustable positive
Code of Federal Regulations at 15 CFR parts 730–
to know that the item will be, or is voltage regulators, which were 774 (2015). The Regulations issued pursuant to the
intended to be, exported from the designated as defense articles from Export Administration Act (50 U.S.C. app. §§ 2401–
mstockstill on DSK4VPTVN1PROD with NOTICES

United States; or Category XV(e) of the United States 2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the
E. Engage in any transaction to service Munitions List, without having first EAA has been in lapse and the President, through
Executive Order 13222 of August 17, 2001 (3 CFR,
any item subject to the Regulations that obtained from the United States 2001 Comp. 783 (2002)), which has been extended
has been or will be exported from the Department of State, Directorate of by successive Presidential Notices, the most recent
United States and which is owned, Defense Trade Controls, a license for being that of August 7, 2014 (79 FR 46959 (August
11, 2014)), has continued the Regulations in effect
possessed or controlled by the Denied such export or written authorization for under the International Emergency Economic
Person, or service any item, of whatever such export. Chu was sentenced to 36 Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.
origin, that is owned, possessed or months of probation, with no IV 2010)).

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Federal Register / Vol. 80, No. 97 / Wednesday, May 20, 2015 / Notices 28955

Jim Chu, with a last known address of controlled by the Denied Person if such Compliance, International Trade
1530 Silver Rain Drive, Diamond Bar, service involves the use of any item Administration, U.S. Department of
CA 91765, and when acting for or on his subject to the Regulations that has been Commerce, 14th Street and Constitution
behalf, his successors, assigns, or will be exported from the United Avenue NW., Washington, DC 20230;
employees, agents or representatives States. For purposes of this paragraph, telephone: (202) 482–4037 or (202) 482–
(the ‘‘Denied Person’’), may not, directly servicing means installation, 4406, respectively.
or indirectly, participate in any way in maintenance, repair, modification or
SUPPLEMENTARY INFORMATION:
any transaction involving any testing.
commodity, software or technology Third, after notice and opportunity for Background
(hereinafter collectively referred to as comment as provided in Section 766.23
‘‘item’’) exported or to be exported from of the Regulations, any other person, On December 29, 2014, the
the United States that is subject to the firm, corporation, or business Department published in the Federal
Regulations, including, but not limited organization related to Chu by Register the preliminary determination
to: ownership, control, position of in the LTFV investigation of nails from
A. Applying for, obtaining, or using responsibility, affiliation, or other Korea.1 In the Preliminary
any license, License Exception, or connection in the conduct of trade or Determination, we postponed the final
export control document; business may also be made subject to determination until no later than 135
B. Carrying on negotiations the provisions of this Order in order to days after the date of publication of the
concerning, or ordering, buying, prevent evasion of this Order. Preliminary Determination in
receiving, using, selling, delivering, Fourth, in accordance with Part 756 of accordance with section 735(a)(2)(A) of
storing, disposing of, forwarding, the Regulations, Chu may file an appeal the Act and 19 CFR 351.210(b)(2)(ii) and
transporting, financing, or otherwise of this Order with the Under Secretary invited parties to comment on our
servicing in any way, any transaction of Commerce for Industry and Security. Preliminary Determination.
involving any item exported or to be The appeal must be filed within 45 days The following events have occurred
exported from the United States that is from the date of this Order and must since the Preliminary Determination.
subject to the Regulations, or in any comply with the provisions of Part 756 Between January 6, 2015, and February
other activity subject to the Regulations; of the Regulations. 13, 2015, the Department conducted
or Fifth, a copy of this Order shall be sales and cost verifications of both
C. Benefitting in any way from any delivered to the Chu. This Order shall respondents, Jinheung Steel Corporation
transaction involving any item exported be published in the Federal Register. (‘‘Jinheung Steel’’) and Daejin Steel
or to be exported from the United States Sixth, this Order is effective (‘‘Daejin’’), as well as the sales
that is subject to the Regulations, or in immediately and shall remain in effect verification of Jinheung Steel’s affiliate,
any other activity subject to the until August 25, 2024. Illinois Tool Works Inc. (‘‘ITW’’). On
Regulations. Issued this 13 day of May, 2015. January 28, 2015, Jinheung Steel
Second, no person may, directly or
Karen H. Nies-Vogel, requested a hearing. On March 27, 2015,
indirectly, do any of the following:
A. Export or reexport to or on behalf Director, Office of Exporter Services. Jinheung Steel, Daejin, ITW, and Mid
of the Denied Person any item subject to [FR Doc. 2015–12194 Filed 5–19–15; 8:45 am] Continent Steel & Wire, Inc.
the Regulations; BILLING CODE P
(‘‘Petitioner’’) submitted case briefs. On
B. Take any action that facilitates the April 2, 2015, Daejin and Petitioner
acquisition or attempted acquisition by submitted rebuttal case briefs. On April
the Denied Person of the ownership, DEPARTMENT OF COMMERCE 8, 2015, Jinheung Steel withdrew its
possession, or control of any item hearing request. No hearing was held in
subject to the Regulations that has been International Trade Administration this investigation.
or will be exported from the United [A–580–874] Period of Investigation
States, including financing or other
support activities related to a Certain Steel Nails From the Republic The period of investigation (‘‘POI’’) is
transaction whereby the Denied Person of Korea: Final Determination of Sales April 1, 2013, through March 31, 2014.
acquires or attempts to acquire such at Less Than Fair Value
Scope of the Investigation
ownership, possession or control; AGENCY: Enforcement and Compliance,
C. Take any action to acquire from or The product covered by this
International Trade Administration,
to facilitate the acquisition or attempted investigation is certain steel nails from
Department of Commerce.
acquisition from the Denied Person of Malaysia. For a full description of the
SUMMARY: The Department of Commerce
any item subject to the Regulations that scope of the investigation, see Appendix
has been exported from the United (‘‘the Department’’) determines that
imports of certain steel nails (‘‘nails’’) I to this notice.
States;
D. Obtain from the Denied Person in from the Republic of Korea (‘‘Korea’’) Since the Preliminary Determination,
the United States any item subject to the are being sold in the United States at several interested parties (i.e., IKEA
Regulations with knowledge or reason less than fair value (‘‘LTFV’’), as Supply AG, The Home Depot, Target
to know that the item will be, or is provided in section 735 of the Tariff Act Corporation, and Petitioner) commented
intended to be, exported from the of 1930, as amended (the ‘‘Act’’). The on the scope of these investigations. The
final weighted-average dumping Department reviewed these comments
mstockstill on DSK4VPTVN1PROD with NOTICES

United States; or
E. Engage in any transaction to service margins of sales at LTFV are listed and made certain changes. For further
any item subject to the Regulations that below in the section entitled ‘‘Final discussion, see the Issues and Decision
has been or will be exported from the Determination Margins.’’
United States and which is owned, DATES: Effective Date: May 20, 2015. 1 See Certain Steel Nails From the Republic of

Korea: Affirmative Preliminary Determination of
possessed or controlled by the Denied FOR FURTHER INFORMATION CONTACT:
Sales at Less Than Fair Value and Postponement
Person, or service any item, of whatever Krisha Hill or Drew Jackson, AD/CVD of Final Determination, 79 FR 78051 (December 29,
origin, that is owned, possessed or Operations, Office IV, Enforcement and 2014) (Preliminary Determination).

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Document Created: 2018-02-21 10:29:26
Document Modified: 2018-02-21 10:29:26
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 28954