80_FR_56620 80 FR 56439 - Renewal of Order Temporarily Denying Export Privileges: Flider Electronics, LLC a/k/a Flider Electronics d/b/a Trident International Corporation d/b/a Trident International d/b/a Trident International Corporation, LLC, 837 Turk Street, San Francisco, California 94102; Pavel Semenovich Flider a/k/a Pavel Flider, 21 Eye Street, San Rafael, California 94901; and Gennadiy Semenovich Flider a/k/a Gennadiy Flider, 699 36th Avenue #203, San Francisco, California 94121

80 FR 56439 - Renewal of Order Temporarily Denying Export Privileges: Flider Electronics, LLC a/k/a Flider Electronics d/b/a Trident International Corporation d/b/a Trident International d/b/a Trident International Corporation, LLC, 837 Turk Street, San Francisco, California 94102; Pavel Semenovich Flider a/k/a Pavel Flider, 21 Eye Street, San Rafael, California 94901; and Gennadiy Semenovich Flider a/k/a Gennadiy Flider, 699 36th Avenue #203, San Francisco, California 94121

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56439-56441
FR Document2015-23447

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Notices]
[Pages 56439-56441]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23447]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


Renewal of Order Temporarily Denying Export Privileges: Flider 
Electronics, LLC a/k/a Flider Electronics d/b/a Trident International 
Corporation d/b/a Trident International d/b/a Trident International 
Corporation, LLC, 837 Turk Street, San Francisco, California 94102; 
Pavel Semenovich Flider a/k/a Pavel Flider, 21 Eye Street, San Rafael, 
California 94901; and Gennadiy Semenovich Flider a/k/a Gennadiy Flider, 
699 36th Avenue #203, San Francisco, California 94121

    Pursuant to Section 766.24 of the Export Administration Regulations 
(the ``Regulations'' or ``EAR''),\1\ I hereby grant the request of the 
Office of Export Enforcement (``OEE'') to renew the March 23, 2015 
Amended Order Temporarily Denying the Export Privileges of Flider 
Electronics, LLC, a/k/a Flider Electronics, d/b/a Trident International 
Corporation, d/b/a Trident International, d/b/a Trident International 
Corporation, LLC (``Trident'' or ``Flider Electronics, LLC, d/b/a 
Trident International Corporation''); Pavel Semenovich Flider a/k/a 
Pavel Flider (``Pavel Flider''); and Gennadiy Semenovich Flider a/k/a 
Gennadiy Flider (``Gennadiy Flider''). I find that renewal of the 
Temporary Denial Order (``TDO'') is necessary in the public interest to 
prevent imminent violation of the EAR.
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    \1\ The Regulations are currently codified at 15 CFR parts 730-
774 (2015). The EAR issued under the Export Administration Act of 
1979, as amended (50 U.S.C. app. Sec. Sec.  2401-2420 (2000)) 
(``EAA''). Since August 21, 2001, the Act 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, 2015 
(80 FR 48233 (Aug. 11, 2015)), 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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I. Procedural History and Background

    On March 19, 2015, I signed the TDO, which denied for 180 days the 
export privileges of Trident, as well as Pavel Flider, the president 
and owner of Trident, and Gennadiy Flider, also a Trident office 
manager, with responsibilities relating directly to the procurement and 
export activities referenced in the TDO. As discussed in detail in the 
TDO, OEE presented evidence of a pattern of exports by Trident from the 
United States to Russia, via transshipment through Estonia or Finland, 
involving false statements and other evasive actions or schemes 
designed to camouflage the actual destination, end uses, and/or end 
users of the U.S.-origin items that Trident was exporting on an ongoing 
basis. These U.S.-origin items included items listed on the Commerce 
Control List (``CCL'') and subject to national security-based license 
requirements. Accordingly, pursuant to Section 766.24 of the 
Regulations, I found that the TDO was necessary to prevent further and 
imminent violation of the EAR by Trident, and pursuant to Section 
766.23, found that it was necessary, in order to prevent evasion of the 
TDO, to add Pavel Flider and Gennadiy Flider to the TDO as related 
persons to Trident.
    The TDO was issued ex parte pursuant to Section 766.24(a), and went 
into effect upon issuance on March 19, 2015. I subsequently amended the 
TDO on March 23, 2015 making limited revision to page 6 of the March 
19, 2015 order, without changing my findings or the terms of the order 
issued on March 19, 2015. The March 23, 2015 amended order did not 
change the denial period, which continued to run for 180 days

[[Page 56440]]

from March 19, 2015, that is, through and including September 14, 2015, 
subject to potential renewal upon timely application by OEE, as clearly 
set forth in the TDO. Copies of both the original and amended TDO were 
sent to each party named in the relevant order in accordance with 
Section 766.5 and 766.24(d) of the Regulations, and the original and 
amended TDOs were published in the Federal Register on March 26, 2015, 
and March 30, 2015, respectively. See 80 FR 15979 (March 26, 2015); 80 
FR 16632 (March 30, 2015).
    On August 21, 2015, OEE submitted a written request for renewal of 
the TDO. This request was timely made under Section 766.24(d) (BIS may 
request renewal of a temporary denial order no later than 20 days 
before the expiration date of the order).
    Notice of the renewal request was provided to Trident, the 
respondent, in accordance with Sections 766.5 and 766.24(d) of the 
Regulations, via both service upon Trident and its president and owner, 
Pavel Flider. No opposition has been received from Trident.\2\
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    \2\ Parties named as related persons may appeal whether their 
addition as related persons accords with Section 766.23 of the 
Regulations, but may not challenge the issuance or oppose the 
renewal of the underlying TDO. See Section 766.24(d)(3)(ii). Neither 
Pavel Flider nor Gennadiy Flider has ever appealed or otherwise 
responded to their inclusion as related persons.
---------------------------------------------------------------------------

II. TDO Renewal

A. Legal Standard

    Pursuant to Section 766.24, BIS may issue or renew an order 
temporarily denying a respondent's export privileges upon a showing 
that the order is necessary in the public interest to prevent an 
``imminent violation'' of the Regulations. 15 CFR 766.24(b)(1) and 
776.24(d). ``A violation may be `imminent' either in time or degree of 
likelihood.'' 15 CFR 766.24(b)(3). BIS may show ``either that a 
violation is about to occur, or that the general circumstances of the 
matter under investigation or case under criminal or administrative 
charges demonstrate a likelihood of future violations.'' Id. As to the 
likelihood of future violations, BIS may show that the violation under 
investigation or charge ``is significant, deliberate, covert and/or 
likely to occur again, rather than technical or negligent [.]'' Id. A 
``lack of information establishing the precise time a violation may 
occur does not preclude a finding that a violation is imminent, so long 
as there is sufficient reason to believe the likelihood of a 
violation.'' Id.

B. Request for Renewal

    OEE's request for renewal is based upon the facts underlying the 
issuance of the TDO and the evidence developed over the course of this 
investigation, including evidence discussed in the TDO and summarized 
in Section I., supra. OEE's ongoing investigation of Trident, in 
conjunction with the United States Attorney's Office for the Northern 
District of California, included the execution of a search warrant at 
Trident's place of business and Pavel Flider's residence on or about 
March 18, 2015, and at two storage lockers on or about April 10, 2015.
    Despite the issuance of the TDO and the execution of the search 
warrants, Trident repeatedly sought to order or buy items subject to 
the EAR from a U.S.-based electronics distributor from whom Trident had 
previously purchased items for export. Beginning on or about July 10, 
2015, through on or about July 21, 2015, while the TDO by its plain 
terms remained in effect, Pavel Flider contacted employees of this 
electronics distributor requesting to reestablish Trident's account and 
make additional purchases of electronic components, including for 
computer chips. Several of the distributor's employees were solicited 
in an effort to place additional purchase orders for more computer 
chips for Trident. The computer chips, which OEE has reason to believe 
were intended for export based upon the respondents' conduct both prior 
to and after issuance of the TDO,\3\ are subject to the EAR.
---------------------------------------------------------------------------

    \3\ In addition, during an interview on March 18, 2015, with BIS 
Special Agents, along with agents from the Department of Homeland 
Security, Pavel Flider stated that Trident had a single customer in 
Estonia named Adimir OU (``Adimir'') between 2000-2013, and that all 
items sent to Adimir were transshipped to Russia, including large 
volumes of items classified as Export Control Classification Number 
(``ECCN'') 3A001.a.2.c. Beginning in 2014, however, Trident began 
exporting directly to Russia. Pavel Flider confirmed that Trident 
did not apply for or obtain an export license from BIS for any of 
the items exported from the United States.
---------------------------------------------------------------------------

    The distributor declined to accept or fill the orders following 
each attempt or solicitation by Trident. Finally, on or about July 21, 
2015, a senior official of the distributor contacted Pavel Flider by 
phone to inform him that it was the distributor's corporate policy not 
to conduct additional business with a company such as Trident. 
Nonetheless, both during and shortly after this call, Pavel Flider 
again attempted to solicit purchases for more electronic components, 
stating that Trident would resume exporting in September 2015, 
following expiration of the TDO.
    The TDO at all times over the last 180 days broadly prohibited the 
denied parties from participating in any way in any transaction 
involving any item subject to the EAR that is to be exported from the 
United States, including, but not limited to, carrying on negotiations 
concerning, ordering, or buying any such item. Similarly, it prohibited 
any of the denied parties from benefitting in any way from any 
transaction involving any such item. Likewise, both prior to issuance 
of the TDO and during the denial period, the EAR prohibited, inter 
alia, acting contrary to the terms of a temporary denial order or other 
type or form of denial order (see Section 764.2(k)), attempting to 
violate or soliciting a violation of the EAR or any order issued 
thereunder (see Section 764.2(c)), or engaging in any transaction or 
taking any other action with intent to evade the EAR or any order 
issued thereunder (see Section 764.2(h)). In addition, as referenced 
above, the TDO plainly stated that it was subject to renewal.

C. Findings

    I find that the overall record here, as discussed above and in the 
TDO as issued and amended in March 2015, demonstrates that renewal of 
the TDO is necessary to avoid imminent violation of the EAR, based upon 
the evidence presented by OEE of deliberate and evasive conduct both 
pre- and post-issuance of the TDO. Accordingly, renewal of the TDO is 
needed to provide continued notice to persons in the United States and 
abroad that they should not deal with respondent Trident, or with 
related and denied persons Pavel Flider and Gennadiy Flider, in 
connection with any exports, reexports, or other transactions involving 
any items subject to the EAR or any other activities subject to the 
EAR. Doing so is consistent with the public interest to preclude future 
violations of the EAR.
    It is therefore ORDERED:
    First, that Flider Electronics, LLC, a/k/a Flider Electronics, d/b/
a Trident International Corporation, d/b/a Trident International d/b/a 
Trident International Corporation, LLC, 837 Turk Street, San Francisco, 
California 94102; Pavel Semenovich Flider, a/k/a Pavel Flider, 21 Eye 
Street, San Rafael, California 94901; and Gennadiy Semenovich Flider, 
a/k/a Gennadiy Flider, 699 36th Avenue #203, San Francisco, California 
94121, and when acting for or on their behalf, any successors or 
assigns, agents, or employees (each a ``Denied Person'' and 
collectively the ``Denied Persons'') may not, directly or indirectly, 
participate in any way in any transaction involving any commodity, 
software or technology (hereinafter

[[Page 56441]]

collectively referred to as ``item'') exported or to be exported from 
the United States that is subject to the Export Administration 
Regulations (``EAR''), or in any other activity subject to the EAR 
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 EAR, or in any other activity 
subject to the EAR; 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 EAR, or in any other activity subject to the EAR.
    Second, that no person may, directly or indirectly, do any of the 
following:
    A. Export or reexport to or on behalf of a Denied Person any item 
subject to the EAR;
    B. Take any action that facilitates the acquisition or attempted 
acquisition by a Denied Person of the ownership, possession, or control 
of any item subject to the EAR that has been or will be exported from 
the United States, including financing or other support activities 
related to a transaction whereby a 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 a Denied Person of any item subject to 
the EAR that has been exported from the United States;
    D. Obtain from a Denied Person in the United States any item 
subject to the EAR 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 EAR 
that has been or will be exported from the United States and which is 
owned, possessed or controlled by a Denied Person, or service any item, 
of whatever origin, that is owned, possessed or controlled by a Denied 
Person if such service involves the use of any item subject to the EAR 
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, that, after notice and opportunity for comment as provided 
in Section 766.23 of the EAR, any other person, firm, corporation, or 
business organization related to a Denied Person 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 accordance with the provisions of Section 766.24(e) of the EAR, 
Flider Electronics, LLC, d/b/a Trident International Corporation, may, 
at any time, appeal this Order by filing a full written statement in 
support of the appeal with the Office of the Administrative Law Judge, 
U.S. Coast Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, 
Maryland 21202-4022. In accordance with the provisions of Sections 
766.23(c)(2) and 766.24(e)(3) of the EAR, Pavel Semenovich Flider and 
Gennadiy Semenovich Flider may, at any time, appeal his inclusion as a 
related person by filing a full written statement in support of the 
appeal with the Office of the Administrative Law Judge, U.S. Coast 
Guard ALJ Docketing Center, 40 South Gay Street, Baltimore, Maryland 
21202-4022.
    In accordance with the provisions of Section 766.24(d) of the EAR, 
BIS may seek renewal of this Order by filing a written request not 
later than 20 days before the expiration date. Flider Electronics, LLC 
d/b/a Trident International Corporation may oppose a request to renew 
this Order by filing a written submission with the Assistant Secretary 
for Export Enforcement, which must be received not later than seven 
days before the expiration date of the Order.
    A copy of this Order shall be sent to Flider Electronics LLC d/b/a 
Trident International Corporation and each related person, and shall be 
published in the Federal Register.
    This Order is effective upon issuance and shall remain in effect 
for 180 days.

    Dated: September 14, 2015.
David W. Mills,
Assistant Secretary of Commerce for Export Enforcement.
[FR Doc. 2015-23447 Filed 9-17-15; 8:45 am]
BILLING CODE P



                                                                          Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Notices                                                  56439

                                              Paperwork Reduction Act of 1995,                        conduct periodic program compliance                    grant the request of the Office of Export
                                              Public Law 104–13. Comments                             reviews of recipients of Federal                       Enforcement (‘‘OEE’’) to renew the
                                              regarding (a) whether the collection of                 financial assistance to ensure they are                March 23, 2015 Amended Order
                                              information is necessary for the proper                 adhering to the nondiscrimination                      Temporarily Denying the Export
                                              performance of the functions of the                     statutes. Forest Service personnel                     Privileges of Flider Electronics, LLC,
                                              agency, including whether the                           integral to the pre-award and post-                    a/k/a Flider Electronics, d/b/a Trident
                                              information will have practical utility;                award process will collect this                        International Corporation, d/b/a Trident
                                              (b) the accuracy of the agency’s estimate               information during face-to-face meetings               International, d/b/a Trident
                                              of burden including the validity of the                 or telephone interviews.                               International Corporation, LLC
                                              methodology and assumptions used; (c)                      Need and Use of the Information:                    (‘‘Trident’’ or ‘‘Flider Electronics, LLC,
                                              ways to enhance the quality, utility and                Forest Service will use form series FS–                d/b/a Trident International
                                              clarity of the information to be                        1700–6, ‘‘Equal Opportunity                            Corporation’’); Pavel Semenovich Flider
                                              collected; (d) ways to minimize the                     Compliance Review Record’’ to collect                  a/k/a Pavel Flider (‘‘Pavel Flider’’); and
                                              burden of the collection of information                 the information and document assisted                  Gennadiy Semenovich Flider a/k/a
                                              on those who are to respond, including                  program compliance. Data collected                     Gennadiy Flider (‘‘Gennadiy Flider’’). I
                                              through the use of appropriate                          includes information on actions taken                  find that renewal of the Temporary
                                              automated, electronic, mechanical, or                   by recipients to ensure the public                     Denial Order (‘‘TDO’’) is necessary in
                                              other technological collection                          receives service without discrimination                the public interest to prevent imminent
                                              techniques and other forms of                           or barriers to access and the recipients’              violation of the EAR.
                                              information technology.                                 employees understand their customer
                                                Comments regarding this information                                                                          I. Procedural History and Background
                                                                                                      service responsibilities. The information
                                              collection received by October 19, 2015                 collected is for internal use only and is                 On March 19, 2015, I signed the TDO,
                                              will be considered. Written comments                    utilized to establish and monitor civil                which denied for 180 days the export
                                              should be addressed to: Desk Officer for                rights compliance.                                     privileges of Trident, as well as Pavel
                                              Agriculture, Office of Information and                     Description of Respondents: Business                Flider, the president and owner of
                                              Regulatory Affairs, Office of                           or other for-profit; Not-for-profit                    Trident, and Gennadiy Flider, also a
                                              Management and Budget (OMB), New                        Institutions; State, Local or Tribal                   Trident office manager, with
                                              Executive Office Building, 725 17th                     Government.                                            responsibilities relating directly to the
                                              Street NW., Washington, DC, 20503.                         Number of Respondents: 11,800.                      procurement and export activities
                                              Commentors are encouraged to submit                        Frequency of Responses:                             referenced in the TDO. As discussed in
                                              their comments to OMB via email to:                     Recordkeeping; Reporting: On occasion.                 detail in the TDO, OEE presented
                                              OIRA_Submission@omb.eop.gov or fax                         Total Burden Hours: 11,904.                         evidence of a pattern of exports by
                                              (202) 395–5806 and to Departmental                                                                             Trident from the United States to
                                              Clearance Office, USDA, OCIO, Mail                      Charlene Parker,
                                                                                                                                                             Russia, via transshipment through
                                              Stop 7602, Washington, DC 20250–                        Departmental Information Collection                    Estonia or Finland, involving false
                                              7602. Copies of the submission(s) may                   Clearance Officer.
                                                                                                                                                             statements and other evasive actions or
                                              be obtained by calling (202) 720–8681.                  [FR Doc. 2015–23406 Filed 9–17–15; 8:45 am]
                                                                                                                                                             schemes designed to camouflage the
                                                An agency may not conduct or                          BILLING CODE 3411–15–P                                 actual destination, end uses, and/or end
                                              sponsor a collection of information                                                                            users of the U.S.-origin items that
                                              unless the collection of information                                                                           Trident was exporting on an ongoing
                                              displays a currently valid OMB control                  DEPARTMENT OF COMMERCE                                 basis. These U.S.-origin items included
                                              number and the agency informs                                                                                  items listed on the Commerce Control
                                              potential persons who are to respond to                 Bureau of Industry and Security                        List (‘‘CCL’’) and subject to national
                                              the collection of information that such                                                                        security-based license requirements.
                                              persons are not required to respond to                  Renewal of Order Temporarily Denying
                                                                                                      Export Privileges: Flider Electronics,                 Accordingly, pursuant to Section 766.24
                                              the collection of information unless it                                                                        of the Regulations, I found that the TDO
                                              displays a currently valid OMB control                  LLC a/k/a Flider Electronics d/b/a
                                                                                                      Trident International Corporation d/b/a                was necessary to prevent further and
                                              number.                                                                                                        imminent violation of the EAR by
                                                                                                      Trident International d/b/a Trident
                                              Forest Service                                          International Corporation, LLC, 837                    Trident, and pursuant to Section 766.23,
                                                                                                      Turk Street, San Francisco, California                 found that it was necessary, in order to
                                                Title: Equal Opportunity Compliance
                                                                                                      94102; Pavel Semenovich Flider a/k/a                   prevent evasion of the TDO, to add
                                              Review Reporting Tool.
                                                OMB Control Number: 0596–0215.                        Pavel Flider, 21 Eye Street, San Rafael,               Pavel Flider and Gennadiy Flider to the
                                                Summary of Collection: All Federal                    California 94901; and Gennadiy                         TDO as related persons to Trident.
                                              agencies and the entities receiving                     Semenovich Flider a/k/a Gennadiy                          The TDO was issued ex parte
                                              Federal financial assistance are                        Flider, 699 36th Avenue #203, San                      pursuant to Section 766.24(a), and went
                                              prohibited from discriminating in the                   Francisco, California 94121                            into effect upon issuance on March 19,
                                              delivery of programs and services.                                                                             2015. I subsequently amended the TDO
                                              Agencies must comply with equal                            Pursuant to Section 766.24 of the                   on March 23, 2015 making limited
                                              opportunity laws, Title VI of the Civil                 Export Administration Regulations (the                 revision to page 6 of the March 19, 2015
                                              Rights Act of 1964, as amended; Title IX                ‘‘Regulations’’ or ‘‘EAR’’),1 I hereby                 order, without changing my findings or
                                              of the Education Amendments Act of                                                                             the terms of the order issued on March
                                                                                                        1 The Regulations are currently codified at 15 CFR
                                                                                                                                                             19, 2015. The March 23, 2015 amended
tkelley on DSK3SPTVN1PROD with NOTICES




                                              1972; The Age Discrimination Act of                     parts 730–774 (2015). The EAR issued under the
                                              1975, as amended; Section 504 of the                                                                           order did not change the denial period,
                                                                                                      Export Administration Act of 1979, as amended (50
                                              Rehabilitation Act of 1973, as amended;                 U.S.C. app. §§ 2401–2420 (2000)) (‘‘EAA’’). Since      which continued to run for 180 days
                                              and Executive orders prohibiting                        August 21, 2001, the Act has been in lapse and the
                                                                                                      President, through Executive Order 13222 of August     2015 (80 FR 48233 (Aug. 11, 2015)), has continued
                                              discrimination in the delivery of all                   17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which         the Regulations in effect under the International
                                              programs and services to the public. The                has been extended by successive Presidential           Emergency Economic Powers Act (50 U.S.C. 1701,
                                              Federal government is required to                       Notices, the most recent being that of August 7,       et seq.) (2006 & Supp. IV 2010).



                                         VerDate Sep<11>2014   18:47 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4703   Sfmt 4703   E:\FR\FM\18SEN1.SGM   18SEN1


                                              56440                       Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Notices

                                              from March 19, 2015, that is, through                   B. Request for Renewal                                parties from participating in any way in
                                              and including September 14, 2015,                          OEE’s request for renewal is based                 any transaction involving any item
                                              subject to potential renewal upon timely                upon the facts underlying the issuance                subject to the EAR that is to be exported
                                              application by OEE, as clearly set forth                of the TDO and the evidence developed                 from the United States, including, but
                                              in the TDO. Copies of both the original                 over the course of this investigation,                not limited to, carrying on negotiations
                                              and amended TDO were sent to each                       including evidence discussed in the                   concerning, ordering, or buying any
                                              party named in the relevant order in                    TDO and summarized in Section I.,                     such item. Similarly, it prohibited any
                                              accordance with Section 766.5 and                       supra. OEE’s ongoing investigation of                 of the denied parties from benefitting in
                                              766.24(d) of the Regulations, and the                   Trident, in conjunction with the United               any way from any transaction involving
                                              original and amended TDOs were                          States Attorney’s Office for the Northern             any such item. Likewise, both prior to
                                              published in the Federal Register on                    District of California, included the                  issuance of the TDO and during the
                                              March 26, 2015, and March 30, 2015,                     execution of a search warrant at                      denial period, the EAR prohibited, inter
                                              respectively. See 80 FR 15979 (March                    Trident’s place of business and Pavel                 alia, acting contrary to the terms of a
                                              26, 2015); 80 FR 16632 (March 30,                       Flider’s residence on or about March 18,              temporary denial order or other type or
                                              2015).                                                  2015, and at two storage lockers on or                form of denial order (see Section
                                                                                                      about April 10, 2015.                                 764.2(k)), attempting to violate or
                                                 On August 21, 2015, OEE submitted a
                                                                                                         Despite the issuance of the TDO and                soliciting a violation of the EAR or any
                                              written request for renewal of the TDO.
                                                                                                      the execution of the search warrants,                 order issued thereunder (see Section
                                              This request was timely made under
                                                                                                      Trident repeatedly sought to order or                 764.2(c)), or engaging in any transaction
                                              Section 766.24(d) (BIS may request
                                                                                                      buy items subject to the EAR from a                   or taking any other action with intent to
                                              renewal of a temporary denial order no
                                                                                                      U.S.-based electronics distributor from               evade the EAR or any order issued
                                              later than 20 days before the expiration
                                                                                                      whom Trident had previously                           thereunder (see Section 764.2(h)). In
                                              date of the order).
                                                                                                      purchased items for export. Beginning                 addition, as referenced above, the TDO
                                                 Notice of the renewal request was                    on or about July 10, 2015, through on or              plainly stated that it was subject to
                                              provided to Trident, the respondent, in                 about July 21, 2015, while the TDO by                 renewal.
                                              accordance with Sections 766.5 and                      its plain terms remained in effect, Pavel
                                              766.24(d) of the Regulations, via both                                                                        C. Findings
                                                                                                      Flider contacted employees of this
                                              service upon Trident and its president                  electronics distributor requesting to                    I find that the overall record here, as
                                              and owner, Pavel Flider. No opposition                  reestablish Trident’s account and make                discussed above and in the TDO as
                                              has been received from Trident.2                        additional purchases of electronic                    issued and amended in March 2015,
                                                                                                      components, including for computer                    demonstrates that renewal of the TDO is
                                              II. TDO Renewal                                                                                               necessary to avoid imminent violation
                                                                                                      chips. Several of the distributor’s
                                              A. Legal Standard                                       employees were solicited in an effort to              of the EAR, based upon the evidence
                                                                                                      place additional purchase orders for                  presented by OEE of deliberate and
                                                 Pursuant to Section 766.24, BIS may                  more computer chips for Trident. The                  evasive conduct both pre- and post-
                                              issue or renew an order temporarily                     computer chips, which OEE has reason                  issuance of the TDO. Accordingly,
                                              denying a respondent’s export privileges                to believe were intended for export                   renewal of the TDO is needed to provide
                                              upon a showing that the order is                        based upon the respondents’ conduct                   continued notice to persons in the
                                              necessary in the public interest to                     both prior to and after issuance of the               United States and abroad that they
                                              prevent an ‘‘imminent violation’’ of the                TDO,3 are subject to the EAR.                         should not deal with respondent
                                              Regulations. 15 CFR 766.24(b)(1) and                       The distributor declined to accept or              Trident, or with related and denied
                                              776.24(d). ‘‘A violation may be                         fill the orders following each attempt or             persons Pavel Flider and Gennadiy
                                              ‘imminent’ either in time or degree of                  solicitation by Trident. Finally, on or               Flider, in connection with any exports,
                                              likelihood.’’ 15 CFR 766.24(b)(3). BIS                  about July 21, 2015, a senior official of             reexports, or other transactions
                                              may show ‘‘either that a violation is                   the distributor contacted Pavel Flider by             involving any items subject to the EAR
                                              about to occur, or that the general                     phone to inform him that it was the                   or any other activities subject to the
                                              circumstances of the matter under                       distributor’s corporate policy not to                 EAR. Doing so is consistent with the
                                              investigation or case under criminal or                 conduct additional business with a                    public interest to preclude future
                                              administrative charges demonstrate a                    company such as Trident. Nonetheless,                 violations of the EAR.
                                              likelihood of future violations.’’ Id. As                                                                        It is therefore ORDERED:
                                                                                                      both during and shortly after this call,
                                              to the likelihood of future violations,                                                                          First, that Flider Electronics, LLC,
                                                                                                      Pavel Flider again attempted to solicit
                                              BIS may show that the violation under                                                                         a/k/a Flider Electronics, d/b/a Trident
                                                                                                      purchases for more electronic
                                              investigation or charge ‘‘is significant,                                                                     International Corporation, d/b/a Trident
                                                                                                      components, stating that Trident would
                                              deliberate, covert and/or likely to occur                                                                     International d/b/a Trident International
                                                                                                      resume exporting in September 2015,
                                              again, rather than technical or negligent                                                                     Corporation, LLC, 837 Turk Street, San
                                                                                                      following expiration of the TDO.
                                              [.]’’ Id. A ‘‘lack of information                                                                             Francisco, California 94102; Pavel
                                                                                                         The TDO at all times over the last 180
                                              establishing the precise time a violation                                                                     Semenovich Flider, a/k/a Pavel Flider,
                                                                                                      days broadly prohibited the denied
                                              may occur does not preclude a finding                                                                         21 Eye Street, San Rafael, California
                                              that a violation is imminent, so long as                   3 In addition, during an interview on March 18,    94901; and Gennadiy Semenovich
                                              there is sufficient reason to believe the               2015, with BIS Special Agents, along with agents      Flider, a/k/a Gennadiy Flider, 699 36th
                                              likelihood of a violation.’’ Id.                        from the Department of Homeland Security, Pavel       Avenue #203, San Francisco, California
                                                                                                      Flider stated that Trident had a single customer in   94121, and when acting for or on their
                                                                                                      Estonia named Adimir OU (‘‘Adimir’’) between
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                                                2 Parties named as related persons may appeal         2000–2013, and that all items sent to Adimir were
                                                                                                                                                            behalf, any successors or assigns, agents,
                                              whether their addition as related persons accords       transshipped to Russia, including large volumes of    or employees (each a ‘‘Denied Person’’
                                              with Section 766.23 of the Regulations, but may not     items classified as Export Control Classification     and collectively the ‘‘Denied Persons’’)
                                              challenge the issuance or oppose the renewal of the     Number (‘‘ECCN’’) 3A001.a.2.c. Beginning in 2014,     may not, directly or indirectly,
                                              underlying TDO. See Section 766.24(d)(3)(ii).           however, Trident began exporting directly to
                                              Neither Pavel Flider nor Gennadiy Flider has ever       Russia. Pavel Flider confirmed that Trident did not
                                                                                                                                                            participate in any way in any
                                              appealed or otherwise responded to their inclusion      apply for or obtain an export license from BIS for    transaction involving any commodity,
                                              as related persons.                                     any of the items exported from the United States.     software or technology (hereinafter


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                                                                          Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Notices                                                     56441

                                              collectively referred to as ‘‘item’’)                   by ownership, control, position of                    Trade Commission (the ITC) have
                                              exported or to be exported from the                     responsibility, affiliation, or other                 determined that revocation of the
                                              United States that is subject to the                    connection in the conduct of trade or                 antidumping duty (AD) order on
                                              Export Administration Regulations                       business may also be made subject to                  diamond sawblades and parts thereof
                                              (‘‘EAR’’), or in any other activity subject             the provisions of this Order.                         (diamond sawblades) from the People’s
                                              to the EAR including, but not limited to:                  In accordance with the provisions of               Republic of China (the PRC) would
                                                 A. Applying for, obtaining, or using                 Section 766.24(e) of the EAR, Flider                  likely lead to continuation or recurrence
                                              any license, License Exception, or                      Electronics, LLC, d/b/a Trident                       of dumping and material injury to an
                                              export control document;                                International Corporation, may, at any                industry in the United States. Therefore,
                                                 B. Carrying on negotiations                          time, appeal this Order by filing a full              the Department is publishing a notice of
                                              concerning, or ordering, buying,                        written statement in support of the                   continuation for this AD order.
                                              receiving, using, selling, delivering,                  appeal with the Office of the                         DATES: Effective Date: September 18,
                                              storing, disposing of, forwarding,                      Administrative Law Judge, U.S. Coast                  2015.
                                              transporting, financing, or otherwise                   Guard ALJ Docketing Center, 40 South
                                                                                                      Gay Street, Baltimore, Maryland 21202–                FOR FURTHER INFORMATION CONTACT:
                                              servicing in any way, any transaction
                                              involving any item exported or to be                    4022. In accordance with the provisions               Yang Jin Chun, AD/CVD Operations,
                                              exported from the United States that is                 of Sections 766.23(c)(2) and 766.24(e)(3)             Office I, Enforcement and Compliance,
                                              subject to the EAR, or in any other                     of the EAR, Pavel Semenovich Flider                   International Trade Administration,
                                              activity subject to the EAR; or                         and Gennadiy Semenovich Flider may,                   U.S. Department of Commerce, 14th
                                                 C. Benefitting in any way from any                   at any time, appeal his inclusion as a                Street and Constitution Avenue NW.,
                                              transaction involving any item exported                 related person by filing a full written               Washington, DC 20230; telephone: (202)
                                              or to be exported from the United States                statement in support of the appeal with               482–5760.
                                              that is subject to the EAR, or in any                   the Office of the Administrative Law                  SUPPLEMENTARY INFORMATION:
                                              other activity subject to the EAR.                      Judge, U.S. Coast Guard ALJ Docketing                 Background
                                                 Second, that no person may, directly                 Center, 40 South Gay Street, Baltimore,
                                              or indirectly, do any of the following:                 Maryland 21202–4022.                                     In November 2014, the Department
                                                 A. Export or reexport to or on behalf                   In accordance with the provisions of               initiated 1 and the ITC instituted 2 a five-
                                              of a Denied Person any item subject to                  Section 766.24(d) of the EAR, BIS may                 year sunset review of the AD order on
                                              the EAR;                                                seek renewal of this Order by filing a                diamond sawblades from the PRC
                                                 B. Take any action that facilitates the              written request not later than 20 days                pursuant to sections 751(c) of the Tariff
                                              acquisition or attempted acquisition by                 before the expiration date. Flider                    Act of 1930, as amended (the Act). As
                                              a Denied Person of the ownership,                       Electronics, LLC d/b/a Trident                        a result of its review, the Department
                                              possession, or control of any item                      International Corporation may oppose a                determined that revocation of the AD
                                              subject to the EAR that has been or will                request to renew this Order by filing a               order would likely lead to continuation
                                              be exported from the United States,                     written submission with the Assistant                 or recurrence of dumping and notified
                                              including financing or other support                    Secretary for Export Enforcement,                     the ITC of the magnitude of the margins
                                              activities related to a transaction                     which must be received not later than                 likely to prevail should the AD order be
                                              whereby a Denied Person acquires or                     seven days before the expiration date of              revoked, pursuant to sections 751(c)(1)
                                              attempts to acquire such ownership,                     the Order.                                            and 752(c) of the Act.3
                                              possession or control;                                     A copy of this Order shall be sent to                 On September 9, 2015, the ITC
                                                 C. Take any action to acquire from or                Flider Electronics LLC d/b/a Trident                  published its determination that
                                              to facilitate the acquisition or attempted              International Corporation and each                    revocation of the AD order on diamond
                                              acquisition from a Denied Person of any                 related person, and shall be published                sawblades from the PRC would likely
                                              item subject to the EAR that has been                   in the Federal Register.                              lead to continuation or recurrence of
                                              exported from the United States;                           This Order is effective upon issuance              material injury to an industry in the
                                                 D. Obtain from a Denied Person in the                and shall remain in effect for 180 days.              United States within a reasonably
                                              United States any item subject to the                     Dated: September 14, 2015.                          foreseeable time, pursuant to sections
                                              EAR with knowledge or reason to know                    David W. Mills,                                       751(c) of the Act.4
                                              that the item will be, or is intended to                Assistant Secretary of Commerce for Export            Scope of the Order
                                              be, exported from the United States; or                 Enforcement.
                                                 E. Engage in any transaction to service                                                                       The products covered by the order are
                                                                                                      [FR Doc. 2015–23447 Filed 9–17–15; 8:45 am]
                                              any item subject to the EAR that has                                                                          all finished circular sawblades, whether
                                                                                                      BILLING CODE P
                                              been or will be exported from the                                                                             slotted or not, with a working part that
                                              United States and which is owned,                                                                             is comprised of a diamond segment or
                                              possessed or controlled by a Denied                     DEPARTMENT OF COMMERCE                                segments, and parts thereof, regardless
                                              Person, or service any item, of whatever                                                                      of specification or size, except as
                                              origin, that is owned, possessed or                     International Trade Administration                    specifically excluded below. Within the
                                              controlled by a Denied Person if such                                                                         scope of the order are semifinished
                                                                                                      [A–570–900]
                                              service involves the use of any item
                                                                                                                                                              1 See Initiation of Five-Year (‘‘Sunset’’) Review, 79
                                              subject to the EAR that has been or will                Diamond Sawblades and Parts Thereof                   FR 65186 (November 3, 2014).
                                              be exported from the United States. For                 From the People’s Republic of China:                    2 See Diamond Sawblades and Parts Thereof
                                              purposes of this paragraph, servicing                   Continuation of the Antidumping Duty                  From China; Termination of Previously Instituted
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                                              means installation, maintenance, repair,                Order                                                 Five-Year Review and Institution of Five-Year
                                              modification or testing.                                                                                      Review, 79 FR 65420 (November 4, 2014).
                                                 THIRD, that, after notice and                        AGENCY:  Enforcement and Compliance,                    3 See Diamond Sawblades and Parts Thereof

                                              opportunity for comment as provided in                  International Trade Administration,                   From the People’s Republic of China: Final Results
                                                                                                                                                            of the Expedited Sunset Review of the Antidumping
                                              Section 766.23 of the EAR, any other                    Department of Commerce.                               Duty Order, 80 FR 12797 (March 11, 2015).
                                              person, firm, corporation, or business                  SUMMARY: The Department of Commerce                     4 See Diamond Sawblades and Parts Thereof from

                                              organization related to a Denied Person                 (the Department) and the International                China, 80 FR 54326 (September 9, 2015).



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Document Created: 2015-12-15 09:27:39
Document Modified: 2015-12-15 09:27:39
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 56439 

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