81 FR 46898 - In the Matter of: Fang Liwu, Nan Hu Xi Yuan 50505, Chai Yang District, Wang Ging, Beijing, China; Order Denying Export Privileges
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 81, Issue 138 (July 19, 2016)
Bureau of Industry and Security
Federal Register Volume 81, Issue 138 (July 19, 2016)
| Page Range | 46898-46899 | |
| FR Document | 2016-17033 |
[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)] [Notices] [Pages 46898-46899] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17033] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Fang Liwu, Nan Hu Xi Yuan 50505, Chai Yang District, Wang Ging, Beijing, China; Order Denying Export Privileges On July 20, 2015, in the U.S. District Court for the Eastern District of Pennsylvania, Fang Liwu (``Fang'') was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. Sec. 1701, et seq. (2012)) (``IEEPA''). Specifically, Fang knowingly and willfully violated the IEEPA, and the regulations promulgated thereunder, and aided and abetted the violation, that is, without obtaining the required Office of Foreign Assets Control approval, Fang engaged in transactions to export, attempted to export, and aided and abetted the export of three CC-10 vacuum gauges to Iran from the United States. Fang was sentenced to 24 months in prison, with credit for time served, three years of supervised release, and a special assessment of $400.00. 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 [[Page 46899]] 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. Sec. 1701-1706); 18 U.S.C. Sec. Sec. 793, 794 or 798; section 4(b) of the Internal Security Act of 1950 (50 U.S.C. Sec. 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. 4610(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. 4610(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\ 50 U.S.C. Sec. Sec. 4601-4623 (Supp. III 2015) (available at http://uscode.house.gov). 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 48,233 (Aug. 11, 2015)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)). --------------------------------------------------------------------------- BIS has received notice of Fang's conviction for violating IEEPA, and in accordance with Section 766.25 of the Regulations, BIS has provided notice and an opportunity for Fang to make a written submission to BIS. BIS has not received a submission from Fang. 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 Fang's export privileges under the Regulations for a period of 10 years from the date of Fang's conviction. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Fang had an interest at the time of his conviction. Accordingly, it is hereby ORDERED: First, from the date of this Order until July 20, 2025, Fang Liwu, with a last known address of Nan Hu Xi Yuan 50505, Chai Yang District, Wang Ging, Beijing, China, 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 Fang by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order. Fourth, in accordance with Part 756 of the Regulations, Fang 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 Fang. This Order shall be published in the Federal Register. Sixth, this Order is effective immediately and shall remain in effect until July 20, 2025. Issued this 12th day of July, 2016. Karen H. Nies-Vogel, Director, Office of Exporter Services. [FR Doc. 2016-17033 Filed 7-18-16; 8:45 am] BILLING CODE P
![46898 Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices
III. Data Form Number(s): Paper and electronic Affected Public: Households/
questionnaires; numbers to be Individuals.
OMB Control Number: 0607–XXXX. determined. Estimated Number of Respondents:
Type of Review: Regular submission.
Estimated Estimated time Total burden
Operation or category number of per response hours
respondents (minutes) (hours)
Geographic Area Focused on Self-Response
Internet/Telephone/Paper ..................................................................................................... 95,000 10 15,834
Nonresponse Follow-up ........................................................................................................ 70,000 10 11,667
Nonresponse Follow-up Quality Control RI .......................................................................... 7,000 10 1,167
Self-Response Subtotal ................................................................................................. 172,000 ........................ 28,668
Geographic Area Focused on Update Enumerate
Update Enumerate Response .............................................................................................. 14,000 12 2,800
Update Enumerate Follow-up Response ............................................................................. 14,000 10 2,334
Update Enumerate Reinterview ........................................................................................... 2,800 10 467
Update Enumerate Subtotal .......................................................................................... 30,800 ........................ 5,601
Non-ID Processing Phone Follow-up .......................................................................................... 200 5 17
Totals ...................................................................................................................... 203,000 ........................ 34,286
Area Focused on Self-Response Respondent’s Obligation: Mandatory. DEPARTMENT OF COMMERCE
Estimate for Self-Response [Internet/ Legal Authority: Title 13 U.S.C.
Telephone/Paper]: 95,000 respondents. Bureau of Industry and Security
Sections 141, 191 and 193.
Corresponding Nonresponse Follow- In the Matter of: Fang Liwu, Nan Hu Xi
up Cases: 70,000 respondents. IV. Request for Comments
Yuan 50505, Chai Yang District, Wang
Corresponding Nonresponse Follow-
Comments are invited on: (a) Whether Ging, Beijing, China; Order Denying
up Quality Control Re-Interview Cases: Export Privileges
the proposed collection of information
7,000 respondents.
Area focused on Update Enumerate: is necessary for the proper performance On July 20, 2015, in the U.S. District
28,000 respondents.. of the functions of the agency, including Court for the Eastern District of
Corresponding Update Enumerate whether the information shall have Pennsylvania, Fang Liwu (‘‘Fang’’) was
Cases: 14,000. practical utility; (b) the accuracy of the convicted of violating the International
Corresponding Update Enumerate agency’s estimate of the burden Emergency Economic Powers Act (50
Followup Cases: 14,000. (including hours and cost) of the U.S.C. § 1701, et seq. (2012)) (‘‘IEEPA’’).
Corresponding Update Enumerate proposed collection of information; (c) Specifically, Fang knowingly and
Reinterview Cases: 2,800. ways to enhance the quality, utility, and willfully violated the IEEPA, and the
Non-ID Processing Cases requiring a clarity of the information to be regulations promulgated thereunder,
phone call to the respondent to derive collected; and (d) ways to minimize the and aided and abetted the violation, that
a match to a census address or to assign burden of the collection of information is, without obtaining the required Office
to a census block: 200. on respondents, including through the of Foreign Assets Control approval,
Total: 203,000 Contacts use of automated collection techniques Fang engaged in transactions to export,
Estimated Time per Response: or other forms of information attempted to export, and aided and
Paper/Internet Responders: 10 technology. abetted the export of three CC–10
minutes per response. vacuum gauges to Iran from the United
Nonresponse Follow-up Cases: 10 Comments submitted in response to States. Fang was sentenced to 24
minutes per response. this notice will be summarized and/or months in prison, with credit for time
Nonresponse Follow-up Quality included in the request for OMB served, three years of supervised
Control Reinterview Cases: 10 minutes approval of this information collection; release, and a special assessment of
per response. they also will become a matter of public $400.00.
Update Enumerate Cases: 12 minutes record. Section 766.25 of the Export
per response. Dated: July 13, 2016. Administration Regulations (‘‘EAR’’ or
Update Enumerate Follow-up Cases: ‘‘Regulations’’) 1 provides, in pertinent
10 minutes per response. Glenna Mickelson,
part, that ‘‘[t]he Director of the Office of
Update Enumerate Reinterview Cases: Management Analyst, Office of the Chief Exporter Services, in consultation with
10 minutes per response. Information Officer.
Non-ID Processing Cases requiring a [FR Doc. 2016–16966 Filed 7–18–16; 8:45 am] 1 50 U.S.C. §§ 4601–4623 (Supp. III 2015)
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telephone follow-up to match/geocode: BILLING CODE 3510–07–P (available at http://uscode.house.gov). Since August
21, 2001, the Act has been in lapse and the
5 minutes. President, through Executive Order 13222 of August
Estimated Total Annual Burden 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
Hours: 34,286 hours. has been extended by successive Presidential
Estimated Total Annual Cost to Notices, the most recent being that of August 7,
Public: There are no costs to 2015 (80 FR 48,233 (Aug. 11, 2015)), has continued
the Regulations in effect under the International
respondents other than their time to Emergency Economic Powers Act (50 U.S.C. 1701,
participate in this data collection. et seq. (2012)).
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![Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices 46899
the Director of the Office of Export receiving, using, selling, delivering, Fourth, in accordance with Part 756 of
Enforcement, may deny the export storing, disposing of, forwarding, the Regulations, Fang may file an appeal
privileges of any person who has been transporting, financing, or otherwise of this Order with the Under Secretary
convicted of a violation of the Export servicing in any way, any transaction of Commerce for Industry and Security.
Administration Act (‘‘EAA’’), the EAR, involving any item exported or to be The appeal must be filed within 45 days
or any order, license or authorization exported from the United States that is from the date of this Order and must
issued thereunder; any regulation, subject to the Regulations, or in any comply with the provisions of Part 756
license, or order issued under the other activity subject to the Regulations; of the Regulations.
International Emergency Economic or Fifth, a copy of this Order shall be
Powers Act (50 U.S.C. § 1701–1706); 18 C. Benefitting in any way from any delivered to the Fang. This Order shall
U.S.C. §§ 793, 794 or 798; section 4(b) transaction involving any item exported be published in the Federal Register.
of the Internal Security Act of 1950 (50 or to be exported from the United States Sixth, this Order is effective
U.S.C. § 783(b)), or section 38 of the that is subject to the Regulations, or in immediately and shall remain in effect
Arms Export Control Act (22 U.S.C. any other activity subject to the until July 20, 2025.
2778).’’ 15 CFR 766.25(a); see also Regulations.
Issued this 12th day of July, 2016.
Section 11(h) of the EAA, 50 U.S.C. Second, no person may, directly or
indirectly, do any of the following: Karen H. Nies-Vogel,
4610(h). The denial of export privileges
under this provision may be for a period A. Export or reexport to or on behalf Director, Office of Exporter Services.
of up to 10 years from the date of the of the Denied Person any item subject to [FR Doc. 2016–17033 Filed 7–18–16; 8:45 am]
conviction. 15 CFR 766.25(d); see also the Regulations; BILLING CODE P
50 U.S.C. 4610(h). In addition, Section B. Take any action that facilitates the
750.8 of the Regulations states that the acquisition or attempted acquisition by
Bureau of Industry and Security’s Office the Denied Person of the ownership, DEPARTMENT OF COMMERCE
of Exporter Services may revoke any possession, or control of any item
subject to the Regulations that has been International Trade Administration
Bureau of Industry and Security (‘‘BIS’’)
licenses previously issued in which the or will be exported from the United [A–570–970]
person had an interest in at the time of States, including financing or other
his conviction. support activities related to a Multilayered Wood Flooring From the
BIS has received notice of Fang’s transaction whereby the Denied Person People’s Republic of China: Final
conviction for violating IEEPA, and in acquires or attempts to acquire such Results of Antidumping Duty
accordance with Section 766.25 of the ownership, possession or control; Administrative Review; 2013–2014
Regulations, BIS has provided notice C. Take any action to acquire from or
to facilitate the acquisition or attempted AGENCY: Enforcement and Compliance,
and an opportunity for Fang to make a
acquisition from the Denied Person of International Trade Administration,
written submission to BIS. BIS has not
any item subject to the Regulations that Department of Commerce.
received a submission from Fang.
has been exported from the United SUMMARY: On January 8, 2016, the
Based upon my review and
consultations with BIS’s Office of States; Department of Commerce (‘‘the
Export Enforcement, including its D. Obtain from the Denied Person in Department’’) published the preliminary
Director, and the facts available to BIS, the United States any item subject to the results of the third administrative
I have decided to deny Fang’s export Regulations with knowledge or reason review (‘‘AR’’) of the antidumping duty
privileges under the Regulations for a to know that the item will be, or is (‘‘AD’’) order on multilayered wood
period of 10 years from the date of intended to be, exported from the flooring (‘‘MLWF’’) from the People’s
Fang’s conviction. I have also decided to United States; or Republic of China (‘‘the PRC’’), in
revoke all licenses issued pursuant to E. Engage in any transaction to service accordance with sections 751(a)(1)(B)
the Act or Regulations in which Fang any item subject to the Regulations that and 751(a)(2)(B) of the Tariff Act of
had an interest at the time of his has been or will be exported from the 1930, as amended (‘‘the Act’’).1 The
conviction. United States and which is owned, period of review (‘‘POR’’) for the AR is
Accordingly, it is hereby ORDERED: possessed or controlled by the Denied December 1, 2013 through November
First, from the date of this Order until Person, or service any item, of whatever 30, 2014. The AR covers 107 companies.
July 20, 2025, Fang Liwu, with a last origin, that is owned, possessed or The mandatory respondents in this
known address of Nan Hu Xi Yuan controlled by the Denied Person if such review are: (1) Dalian Penghong Floor
50505, Chai Yang District, Wang Ging, service involves the use of any item Products Co., Ltd. (‘‘Penghong’’); and (2)
Beijing, China, and when acting for or subject to the Regulations that has been Fine Furniture (Shanghai) Limited
on his behalf, his successors, assigns, or will be exported from the United (‘‘Fine Furniture’’). We received
employees, agents or representatives States. For purposes of this paragraph, comments from interested parties on our
(the ‘‘Denied Person’’), may not, directly servicing means installation, Preliminary Results. Based on our
or indirectly, participate in any way in maintenance, repair, modification or analysis of the comments received, we
any transaction involving any testing. made changes to the margin calculations
commodity, software or technology Third, after notice and opportunity for for the final results of this
(hereinafter collectively referred to as comment as provided in Section 766.23 administrative review. The final
‘‘item’’) exported or to be exported from of the Regulations, any other person, dumping margins are listed below in the
firm, corporation, or business ‘‘Final Results’’ section of this notice.
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the United States that is subject to the
Regulations, including, but not limited organization related to Fang by DATES: Effective Date: July 19, 2016.
to: ownership, control, position of
A. Applying for, obtaining, or using responsibility, affiliation, or other 1 See Multilayered Wood Flooring from the
any license, License Exception, or connection in the conduct of trade or People’s Republic of China; Preliminary Results of
Antidumping Duty Administrative Review; 2013–
export control document; business may also be made subject to 2014, 81 FR 903 (January 8, 2016) (‘‘Preliminary
B. Carrying on negotiations the provisions of this Order in order to Results’’) and accompanying Preliminary Decision
concerning, or ordering, buying, prevent evasion of this Order. Memorandum.
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Document Created: 2016-07-19 01:10:38
Document Modified: 2016-07-19 01:10:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| FR Citation | 81 FR 46898 |
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