80_FR_33047 80 FR 32936 - In the Matter of: Luis Armando Collins-Avila, Inmate Number-98902-308, Big Spring, Correctional Institution, 2001 Rickabaugh Drive, Big Spring, TX 79720

80 FR 32936 - In the Matter of: Luis Armando Collins-Avila, Inmate Number-98902-308, Big Spring, Correctional Institution, 2001 Rickabaugh Drive, Big Spring, TX 79720

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 111 (June 10, 2015)

Page Range32936-32937
FR Document2015-14177

Federal Register, Volume 80 Issue 111 (Wednesday, June 10, 2015)
[Federal Register Volume 80, Number 111 (Wednesday, June 10, 2015)]
[Notices]
[Pages 32936-32937]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14177]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Luis Armando Collins-Avila, Inmate Number--
98902-308, Big Spring, Correctional Institution, 2001 Rickabaugh Drive, 
Big Spring, TX 79720

Order Denying Export Privileges

    On September 24, 2014, in the U.S. District Court for the District 
of Arizona, Luis Armando Collins-Avila (``Collins-Avila''), was 
convicted of violating Section 38 of the Arms Export Control Act (22 
U.S.C. 2778 (2012)) (``AECA''). Specifically, Collins-Avila knowingly 
and willfully attempted to export and caused to be exported from the 
United States to Mexico 6,000 rounds of ammunition which comprised of 
3,000 rounds of 7.62 x 39 caliber ammunition; 2,000 rounds of 9 mm 
caliber ammunition; and 1,000 rounds of .38 Super caliber ammunition, 
which were designated as defense articles on the United States 
Munitions List, without having first obtained from the United states 
Department of State a license for such export or written authorization 
for such export. Collins-Avila was sentenced to 46 months of 
imprisonment, three 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. 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 (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)).
---------------------------------------------------------------------------

    BIS has received notice of Collins-Avila's conviction for violating 
the AECA, and has provided notice and an opportunity for Collins-Avila 
to make a written submission to BIS, as provided in Section 766.25 of 
the Regulations. BIS has received and reviewed a submission from 
Collins-Avila.
    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 Collins-Avila's export privileges under the 
Regulations for a period of 10 years from the date of Collins-Avila's 
conviction. I have also decided to revoke all licenses issued pursuant 
to the Act or Regulations in which Collins-Avila had an interest at the 
time of his conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until September 24, 2024, Luis 
Armando Collins-Avila, with a last known address of Inmate Number--
98902-308, Big Spring, Correctional Institution, 2001 Rickabaugh Drive, 
Big Springs, TX 79720, 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 Collins-Avila by ownership, 
control, position of

[[Page 32937]]

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, Collins-
Avila 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 Collins-
Avila. This Order shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until September 24, 2024.

    Issued this 2nd day of June, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.

[FR Doc. 2015-14177 Filed 6-9-15; 8:45 am]
BILLING CODE P



                                                    32936                        Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices

                                                    or other forms of information                           the Director of the Office of Export                      A. Applying for, obtaining, or using
                                                    technology.                                             Enforcement, may deny the export                       any license, License Exception, or
                                                      Comments submitted in response to                     privileges of any person who has been                  export control document;
                                                    this notice will be summarized and/or                   convicted of a violation of the Export                    B. Carrying on negotiations
                                                    included in the request for OMB                         Administration Act (‘‘EAA’’), the EAR,                 concerning, or ordering, buying,
                                                    approval of this information collection;                or any order, license or authorization                 receiving, using, selling, delivering,
                                                    they also will become a matter of public                issued thereunder; any regulation,                     storing, disposing of, forwarding,
                                                    record.                                                 license, or order issued under the                     transporting, financing, or otherwise
                                                      Dated: June 5, 2015.                                  International Emergency Economic                       servicing in any way, any transaction
                                                                                                            Powers Act (50 U.S.C. 1701–1706); 18                   involving any item exported or to be
                                                    Glenna Mickelson,
                                                                                                            U.S.C. 793, 794 or 798; section 4(b) of                exported from the United States that is
                                                    Management Analyst, Office of the Chief                                                                        subject to the Regulations, or in any
                                                    Information Officer.                                    the Internal Security Act of 1950 (50
                                                                                                            U.S.C. 783(b)), or section 38 of the Arms              other activity subject to the Regulations;
                                                    [FR Doc. 2015–14164 Filed 6–9–15; 8:45 am]
                                                                                                            Export Control Act (22 U.S.C. 2778).’’ 15              or
                                                    BILLING CODE 3510–33–P
                                                                                                            CFR 766.25(a); see also Section 11(h) of                  C. Benefitting in any way from any
                                                                                                            the EAA, 50 U.S.C. app. 2410(h). The                   transaction involving any item exported
                                                                                                            denial of export privileges under this                 or to be exported from the United States
                                                    DEPARTMENT OF COMMERCE                                                                                         that is subject to the Regulations, or in
                                                                                                            provision may be for a period of up to
                                                    Bureau of Industry and Security                         10 years from the date of the conviction.              any other activity subject to the
                                                                                                            15 CFR 766.25(d); see also 50 U.S.C.                   Regulations.
                                                    In the Matter of: Luis Armando Collins-                 app. § 2410(h). In addition, Section                      Second, no person may, directly or
                                                    Avila, Inmate Number—98902–308, Big                     750.8 of the Regulations states that the               indirectly, do any of the following:
                                                    Spring, Correctional Institution, 2001                  Bureau of Industry and Security’s Office                  A. Export or reexport to or on behalf
                                                    Rickabaugh Drive, Big Spring, TX                        of Exporter Services may revoke any                    of the Denied Person any item subject to
                                                    79720                                                   Bureau of Industry and Security (‘‘BIS’’)              the Regulations;
                                                                                                                                                                      B. Take any action that facilitates the
                                                                                                            licenses previously issued in which the
                                                    Order Denying Export Privileges                                                                                acquisition or attempted acquisition by
                                                                                                            person had an interest in at the time of
                                                       On September 24, 2014, in the U.S.                                                                          the Denied Person of the ownership,
                                                                                                            his conviction.
                                                    District Court for the District of Arizona,                                                                    possession, or control of any item
                                                                                                               BIS has received notice of Collins-                 subject to the Regulations that has been
                                                    Luis Armando Collins-Avila (‘‘Collins-                  Avila’s conviction for violating the
                                                    Avila’’), was convicted of violating                                                                           or will be exported from the United
                                                                                                            AECA, and has provided notice and an                   States, including financing or other
                                                    Section 38 of the Arms Export Control                   opportunity for Collins-Avila to make a
                                                    Act (22 U.S.C. 2778 (2012)) (‘‘AECA’’).                                                                        support activities related to a
                                                                                                            written submission to BIS, as provided                 transaction whereby the Denied Person
                                                    Specifically, Collins-Avila knowingly                   in Section 766.25 of the Regulations.
                                                    and willfully attempted to export and                                                                          acquires or attempts to acquire such
                                                                                                            BIS has received and reviewed a                        ownership, possession or control;
                                                    caused to be exported from the United                   submission from Collins-Avila.                            C. Take any action to acquire from or
                                                    States to Mexico 6,000 rounds of
                                                                                                               Based upon my review and                            to facilitate the acquisition or attempted
                                                    ammunition which comprised of 3,000
                                                                                                            consultations with BIS’s Office of                     acquisition from the Denied Person of
                                                    rounds of 7.62 x 39 caliber ammunition;
                                                                                                            Export Enforcement, including its                      any item subject to the Regulations that
                                                    2,000 rounds of 9 mm caliber
                                                                                                            Director, and the facts available to BIS,              has been exported from the United
                                                    ammunition; and 1,000 rounds of .38
                                                                                                            I have decided to deny Collins-Avila’s                 States;
                                                    Super caliber ammunition, which were                                                                              D. Obtain from the Denied Person in
                                                    designated as defense articles on the                   export privileges under the Regulations
                                                                                                            for a period of 10 years from the date of              the United States any item subject to the
                                                    United States Munitions List, without                                                                          Regulations with knowledge or reason
                                                    having first obtained from the United                   Collins-Avila’s conviction. I have also
                                                                                                            decided to revoke all licenses issued                  to know that the item will be, or is
                                                    states Department of State a license for                                                                       intended to be, exported from the
                                                    such export or written authorization for                pursuant to the Act or Regulations in
                                                                                                            which Collins-Avila had an interest at                 United States; or
                                                    such export. Collins-Avila was                                                                                    E. Engage in any transaction to service
                                                    sentenced to 46 months of                               the time of his conviction.
                                                                                                                                                                   any item subject to the Regulations that
                                                    imprisonment, three years of supervised                    Accordingly, it is hereby ordered:                  has been or will be exported from the
                                                    release, and fined a $200 assessment.                      First, from the date of this Order until            United States and which is owned,
                                                       Section 766.25 of the Export                         September 24, 2024, Luis Armando                       possessed or controlled by the Denied
                                                    Administration Regulations (‘‘EAR’’ or                  Collins-Avila, with a last known address               Person, or service any item, of whatever
                                                    ‘‘Regulations’’) 1 provides, in pertinent               of Inmate Number—98902–308, Big                        origin, that is owned, possessed or
                                                    part, that ‘‘[t]he Director of the Office of            Spring, Correctional Institution, 2001                 controlled by the Denied Person if such
                                                    Exporter Services, in consultation with                 Rickabaugh Drive, Big Springs, TX                      service involves the use of any item
                                                      1 The Regulations are currently codified in the
                                                                                                            79720, and when acting for or on his                   subject to the Regulations that has been
                                                    Code of Federal Regulations at 15 CFR parts 730–
                                                                                                            behalf, his successors, assigns,                       or will be exported from the United
                                                    774 (2015). The Regulations issued pursuant to the      employees, agents or representatives                   States. For purposes of this paragraph,
                                                                                                            (the ‘‘Denied Person’’), may not, directly             servicing means installation,
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Export Administration Act (50 U.S.C. app. §§ 2401–
                                                    2420 (2000)) (‘‘EAA’’). Since August 21, 2001, the      or indirectly, participate in any way in               maintenance, repair, modification or
                                                    EAA has been in lapse and the President, through
                                                    Executive Order 13222 of August 17, 2001 (3 CFR,
                                                                                                            any transaction involving any                          testing.
                                                    2001 Comp. 783 (2002)), which has been extended         commodity, software or technology                         Third, after notice and opportunity for
                                                    by successive Presidential Notices, the most recent     (hereinafter collectively referred to as               comment as provided in Section 766.23
                                                    being that of August 7, 2014 (79 FR 46959 (August       ‘‘item’’) exported or to be exported from              of the Regulations, any other person,
                                                    11, 2014)), has continued the Regulations in effect
                                                    under the International Emergency Economic
                                                                                                            the United States that is subject to the               firm, corporation, or business
                                                    Powers Act (50 U.S.C. 1701, et seq. (2006 & Supp.       Regulations, including, but not limited                organization related to Collins-Avila by
                                                    IV 2010)).                                              to:                                                    ownership, control, position of


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                                                                                 Federal Register / Vol. 80, No. 111 / Wednesday, June 10, 2015 / Notices                                                  32937

                                                    responsibility, affiliation, or other                   Fabrication LLC/Indy Hanger, and US                    continues to govern business
                                                    connection in the conduct of trade or                   Hanger Company, LLC (collectively,                     proprietary information in this segment
                                                    business may also be made subject to                    Petitioners), the Department published                 of the proceeding. Timely written
                                                    the provisions of this Order in order to                in the Federal Register the notice of                  notification of the return/destruction of
                                                    prevent evasion of this Order.                          initiation of countervailing duty                      APO materials or conversion to judicial
                                                      Fourth, in accordance with Part 756 of                administrative review with respect to 50               protective order is hereby requested.
                                                    the Regulations, Collins-Avila may file                 companies for the period January 1,                    Failure to comply with the regulations
                                                    an appeal of this Order with the Under                  2014, through December 31, 2014.2                      and terms of an APO is a violation
                                                    Secretary of Commerce for Industry and                  Petitioners were the only interested                   which is subject to sanction.
                                                    Security. The appeal must be filed                      parties to submit a request for this                     This notice is issued and published in
                                                    within 45 days from the date of this                    administrative review. On April 8, 2015,               accordance with sections 751(a)(1) and
                                                    Order and must comply with the                          Petitioners withdrew their request for                 777(i)(1) of the Tariff Act of 1930, as
                                                    provisions of Part 756 of the                           review with respect to all 50 companies                amended, and 19 CFR 351.213(d)(4).
                                                    Regulations.                                            in a timely manner.3                                     Dated: June 1, 2015.
                                                      Fifth, a copy of this Order shall be                  Rescission of the 2012–2013                            Christian Marsh,
                                                    delivered to the Collins-Avila. This                    Administrative Review                                  Deputy Assistant Secretary for Antidumping
                                                    Order shall be published in the Federal                                                                        and Countervailing Duty Operations.
                                                    Register.                                                 Pursuant to 19 CFR 351.213(d)(1), the
                                                                                                            Secretary will rescind an administrative               [FR Doc. 2015–14208 Filed 6–9–15; 8:45 am]
                                                      Sixth, this Order is effective
                                                    immediately and shall remain in effect                  review, in whole or in part, if the parties            BILLING CODE 3510–DS–P

                                                    until September 24, 2024.                               that requested a review withdraw the
                                                                                                            request within 90 days of the date of
                                                      Issued this 2nd day of June, 2015.                    publication of the notice of initiation of             DEPARTMENT OF COMMERCE
                                                    Karen H. Nies-Vogel,                                    the requested review. The Department
                                                    Director, Office of Exporter Services.                  published the Initiation on April 3,                   International Trade Administration
                                                    [FR Doc. 2015–14177 Filed 6–9–15; 8:45 am]              2015.4 Petitioners’ withdrawal of their                [A–580–809]
                                                    BILLING CODE P
                                                                                                            review request was submitted within
                                                                                                            the 90-day period following the                        Circular Welded Non-Alloy Steel Pipe
                                                                                                            publication of the Initiation and, thus, is            From the Republic of Korea: Final
                                                    DEPARTMENT OF COMMERCE                                  timely. Therefore, in accordance with 19               Results of Antidumping Duty
                                                                                                            CFR 351.213(d)(1), we are rescinding                   Administrative Review; 2012–2013
                                                    International Trade Administration                      this review of the countervailing duty                 AGENCY:  Enforcement and Compliance,
                                                                                                            order on certain steel wire garment                    International Trade Administration,
                                                    [C–552–813]
                                                                                                            hangers from Vietnam in its entirety.                  Department of Commerce.
                                                    Certain Steel Wire Garment Hangers                      Assessment                                             SUMMARY: On December 5, 2014, the
                                                    From the Socialist Republic of                                                                                 Department of Commerce (the
                                                                                                               The Department will instruct U.S.
                                                    Vietnam: Rescission of Countervailing                                                                          Department) published the Preliminary
                                                                                                            Customs and Border Protection (CBP) to
                                                    Duty Administrative Review; 2014                                                                               Results of its administrative review of
                                                                                                            assess countervailing duties on all
                                                                                                            appropriate entries. For the companies                 the antidumping duty order on circular
                                                    AGENCY:  Enforcement and Compliance,
                                                                                                            for which this review is rescinded                     welded non-alloy steel pipe (CWP) from
                                                    International Trade Administration,
                                                                                                            countervailing duties shall be assessed                the Republic of Korea (Korea) for the
                                                    Department of Commerce.
                                                                                                            at rates equal to the cash deposit of                  period November 1, 2012, through
                                                    DATES: Effective Date: June 10, 2015.                                                                          October 31, 2013.1 The review covers
                                                                                                            estimated countervailing duties required
                                                    FOR FURTHER INFORMATION CONTACT: John                                                                          two producers/exporters of the subject
                                                                                                            at the time of entry, or withdrawal from
                                                    Conniff, AD/CVD Operations, Office III,                                                                        merchandise, Husteel Co., Ltd. (Husteel)
                                                                                                            warehouse, for consumption, during the
                                                    Enforcement and Compliance,                                                                                    and Hyundai HYSCO (HYSCO), both of
                                                                                                            period January 1, 2014, through
                                                    International Trade Administration,                                                                            which were selected for individual
                                                                                                            December 31, 2014, in accordance with
                                                    U.S. Department of Commerce, 14th                                                                              examination. As a result of our analysis
                                                                                                            19 CFR 351.212(c)(1)(i).
                                                    Street and Constitution Avenue NW.,                                                                            of the comments received, these final
                                                                                                               The Department intends to issue
                                                    Washington, DC 20230; telephone: (202)                                                                         results differ from our Preliminary
                                                                                                            appropriate assessment instructions
                                                    482–1009.                                                                                                      Results. For these final results, we
                                                                                                            directly to CBP 15 days after publication
                                                    SUPPLEMENTARY INFORMATION:                              of this notice.                                        continue to find that Husteel and
                                                                                                                                                                   HYSCO sold subject merchandise at
                                                    Background                                              Notification Regarding Administrative                  prices less than normal value.
                                                      On February 2, 2015, the Department                   Protective Order                                       DATES: Effective date: June 10, 2015.
                                                    of Commerce (the Department)                              This notice serves as a final reminder               FOR FURTHER INFORMATION CONTACT:
                                                    published a notice of opportunity to                    to parties subject to administrative                   Joseph Shuler or Jennifer Meek, AD/
                                                    request an administrative review of the                 protective orders (APOs) of their                      CVD Operations, Office I, Enforcement
                                                    countervailing duty order on certain                    responsibility concerning the                          and Compliance, International Trade
                                                    steel wire garment hangers from the                     disposition of proprietary information                 Administration, U.S. Department of
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    Socialist Republic of Vietnam                           disclosed under an APO in accordance                   Commerce, 14th Street and Constitution
                                                    (Vietnam).1                                             with 19 CFR 351.305(a)(3), which                       Avenue NW., Washington, DC 20230;
                                                      Pursuant to a request from M&B Metal
                                                    Products Company, Inc., Innovative                         2 See Initiation of Antidumping and                   1 See Circular Welded Non-Alloy Steel Pipe From
                                                                                                            Countervailing Duty Administrative Reviews and         the Republic of Korea: Preliminary Results and
                                                      1 See Antidumping or Countervailing Duty Order,       Request for Revocation in Part, 80 FR 18202 (April     Partial Rescission of Antidumping Duty
                                                    Finding, or Suspended Investigation; Opportunity        3, 2015) (Initiation).                                 Administrative Review; 2012–2013, 79 FR 72168
                                                                                                               3 See Petitioners’ April 8, 2015, submission.
                                                    to Request Administrative Review, 80 FR 5509                                                                   (December 5, 2014) (Preliminary Results) and
                                                    (February 2, 2015).                                        4 See Initiation.                                   accompanying Preliminary Decision Memorandum.



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Document Created: 2015-12-15 15:17:15
Document Modified: 2015-12-15 15:17:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 32936 

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