82 FR 43218 - In the Matter of: Alexey Krutilin, a/k/a David Powell, 16 Melioratorov Street, Ivanovskoe Village, Stavropol Region, Russia 357020; Order Denying Export Privileges

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 177 (September 14, 2017)

Page Range		43218-43219
FR Document		2017-19528

Federal Register, Volume 82 Issue 177 (Thursday, September 14, 2017)

[Federal Register Volume 82, Number 177 (Thursday, September 14, 2017)]
[Notices]
[Pages 43218-43219]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19528]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security


In the Matter of: Alexey Krutilin, a/k/a David Powell, 16 
Melioratorov Street, Ivanovskoe Village, Stavropol Region, Russia 
357020; Order Denying Export Privileges

    On April 28, 2017, in the U.S. District Court for the Eastern 
District of New York, Alexey Krutilin a/k/a David Powell (``Krutilin'') 
was convicted of violating the International Emergency Economic Powers 
Act (50 U.S.C. 1701, et seq. (2012)) (``IEEPA''). Specifically, 
Krutilin was convicted of violating Section 206 of IEEPA, 50 U.S.C. 
1705, by willfully conspiring with others to export from the United 
States to Russia microelectronics items controlled pursuant to the 
Export Administrations Regulations (``EAR'' or ``Regulations''),\1\ and 
under the jurisdiction of the Bureau of Industry and Security 
(``BIS''), U.S. Department of Commerce (``DOC''), without the required 
BIS/DOC license. Krutilin was sentenced to time served and an 
assessment of $100.00.
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations 
issued pursuant to the Export Administration Act (50 U.S.C. 4601-
4623 (Supp. III 2015) (available at http://uscode.house.gov)) 
(``EAA'' or ``the Act''). 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 15, 2017 (82 FR 39005 (Aug. 16, 2017)), has continued the 
Regulations in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701, et seq. (2012)).
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    Section 766.25 of the Regulations 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 EAA [Export Administration Act], 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. 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 
BIS's Office of Exporter Services may revoke any BIS licenses 
previously issued pursuant to the Export Administration Act (``EAA'' or 
``the Act'') or the Regulations in which the person had an interest at 
the time of his conviction.
    BIS has received notice of Krutilin's conviction for violating 
IEEPA, and has provided notice and an opportunity for Krutilin to make 
a written submission to BIS, as provided in Section 766.25 of the 
Regulations. BIS has not received a submission from Krutilin.
    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 Krutilin's export privileges under the Regulations 
for a period of ten (10) years from the date of Krutilin's conviction. 
I have also decided to revoke all licenses issued pursuant to the Act 
or Regulations in which Krutilin had an interest at the time of his 
conviction.
    Accordingly, it is hereby ordered:
    First, from the date of this Order until April 28, 2027, Alexey 
Krutilin a/k/a David Powell, with a last known address of 16 
Melioratorov Street, Ivanovskoe Village, Stavropol Region, Russia 
357020, 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 engaging 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 from 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

[[Page 43219]]

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 Krutilin 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, Krutilin 
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 Krutilin and 
shall be published in the Federal Register.
    Sixth, this Order is effective immediately and shall remain in 
effect until April 28, 2027.

    Dated: September 8, 2017.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2017-19528 Filed 9-13-17; 8:45 am]
 BILLING CODE P

43218 Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices

servicing means installation, and under the jurisdiction of the Bureau on his behalf, his successors, assigns,
maintenance, repair, modification or of Industry and Security (‘‘BIS’’), U.S. employees, agents or representatives
testing. Department of Commerce (‘‘DOC’’), (‘‘the Denied Person’’), may not, directly
Third, after notice and opportunity for without the required BIS/DOC license. or indirectly, participate in any way in
comment as provided in Section 766.23 Krutilin was sentenced to time served any transaction involving any
of the Regulations, any other person, and an assessment of $100.00. commodity, software or technology
firm, corporation, or business Section 766.25 of the Regulations (hereinafter collectively referred to as
organization related to Karpenko by provides, in pertinent part, that ‘‘[t]he ‘‘item’’) exported or to be exported from
ownership, control, position of Director of the Office of Exporter the United States that is subject to the
responsibility, affiliation, or other Services, in consultation with the Regulations, including, but not limited
connection in the conduct of trade or Director of the Office of Export to:
business may also be made subject to Enforcement, may deny the export A. Applying for, obtaining, or using
the provisions of this Order in order to privileges of any person who has been any license, license exception, or export
prevent evasion of this Order. convicted of a violation of the EAA control document;
Fourth, in accordance with Part 756 of [Export Administration Act], the EAR, B. Carrying on negotiations
the Regulations, Karpenko may file an or any order, license, or authorization concerning, or ordering, buying,
appeal of this Order with the Under issued thereunder; any regulation, receiving, using, selling, delivering,
Secretary of Commerce for Industry and license or order issued under the storing, disposing of, forwarding,
Security. The appeal must be filed International Emergency Economic transporting, financing, or otherwise
within 45 days from the date of this Powers Act (50 U.S.C. 1701–1706); 18 servicing in any way, any transaction
Order and must comply with the U.S.C. 793, 794 or 798; section 4(b) of involving any item exported or to be
provisions of Part 756 of the the Internal Security Act of 1950 (50 exported from the United States that is
Regulations. U.S.C. 783(b)); or section 38 of the Arms subject to the Regulations, or engaging
Fifth, a copy of this Order shall be Export Control Act (22 U.S.C. 2778).’’ 15 in any other activity subject to the
delivered to Karpenko and shall be CFR 766.25(a); see also Section 11(h) of Regulations; or
published in the Federal Register. the EAA, 50 U.S.C. 4610(h). The denial C. Benefitting in any way from any
Sixth, this Order is effective of export privileges under this provision transaction involving any item exported
immediately and shall remain in effect may be for a period of up to 10 years or to be exported from the United States
until April 28, 2022. from the date of the conviction. 15 CFR that is subject to the Regulations, or
Dated: September 8, 2017. 766.25(d); see also 50 U.S.C. 4610(h). In from any other activity subject to the
Karen H. Nies-Vogel, addition, Section 750.8 of the Regulations.
Director, Office of Exporter Services.
Regulations states that BIS’s Office of Second, no person may, directly or
Exporter Services may revoke any BIS indirectly, do any of the following:
[FR Doc. 2017–19527 Filed 9–13–17; 8:45 am]
licenses previously issued pursuant to A. Export or reexport to or on behalf
BILLING CODE P
the Export Administration Act (‘‘EAA’’ of the Denied Person any item subject to
or ‘‘the Act’’) or the Regulations in the Regulations;
which the person had an interest at the B. Take any action that facilitates the
DEPARTMENT OF COMMERCE acquisition or attempted acquisition by
time of his conviction.
Bureau of Industry and Security BIS has received notice of Krutilin’s the Denied Person of the ownership,
conviction for violating IEEPA, and has possession or control of any item subject
In the Matter of: Alexey Krutilin, a/k/a provided notice and an opportunity for to the Regulations that has been or will
David Powell, 16 Melioratorov Street, Krutilin to make a written submission to be exported from the United States,
Ivanovskoe Village, Stavropol Region, BIS, as provided in Section 766.25 of including financing or other support
Russia 357020; Order Denying Export the Regulations. BIS has not received a activities related to a transaction
Privileges submission from Krutilin. whereby the Denied Person acquires or
Based upon my review and attempts to acquire such ownership,
On April 28, 2017, in the U.S. District consultations with BIS’s Office of possession or control;
Court for the Eastern District of New Export Enforcement, including its C. Take any action to acquire from or
York, Alexey Krutilin a/k/a David Director, and the facts available to BIS, to facilitate the acquisition or attempted
Powell (‘‘Krutilin’’) was convicted of I have decided to deny Krutilin’s export acquisition from the Denied Person of
violating the International Emergency privileges under the Regulations for a any item subject to the Regulations that
Economic Powers Act (50 U.S.C. 1701, period of ten (10) years from the date of has been exported from the United
et seq. (2012)) (‘‘IEEPA’’). Specifically, Krutilin’s conviction. I have also States;
Krutilin was convicted of violating decided to revoke all licenses issued D. Obtain from the Denied Person in
Section 206 of IEEPA, 50 U.S.C. 1705, pursuant to the Act or Regulations in the United States any item subject to the
by willfully conspiring with others to which Krutilin had an interest at the Regulations with knowledge or reason
export from the United States to Russia time of his conviction. to know that the item will be, or is
microelectronics items controlled Accordingly, it is hereby ordered: intended to be, exported from the
pursuant to the Export Administrations First, from the date of this Order until United States; or
Regulations (‘‘EAR’’ or ‘‘Regulations’’),1 April 28, 2027, Alexey Krutilin a/k/a E. Engage in any transaction to service
David Powell, with a last known
asabaliauskas on DSKBBXCHB2PROD with NOTICES

any item subject to the Regulations that
1 The Regulations are currently codified in the
address of 16 Melioratorov Street, has been or will be exported from the
Code of Federal Regulations at 15 CFR parts 730– Ivanovskoe Village, Stavropol Region,
774 (2017). The Regulations issued pursuant to the
United States and which is owned,
Export Administration Act (50 U.S.C. 4601–4623 Russia 357020, and when acting for or possessed or controlled by the Denied
(Supp. III 2015) (available at http:// Person, or service any item, of whatever
uscode.house.gov)) (‘‘EAA’’ or ‘‘the Act’’). Since Notices, the most recent being that of August 15, origin, that is owned, possessed or
August 21, 2001, the Act has been in lapse and the 2017 (82 FR 39005 (Aug. 16, 2017)), has continued
President, through Executive Order 13222 of August the Regulations in effect under the International
controlled by the Denied Person if such
17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which Emergency Economic Powers Act (50 U.S.C. 1701, service involves the use of any item
has been extended by successive Presidential et seq. (2012)). subject to the Regulations that has been

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Federal Register / Vol. 82, No. 177 / Thursday, September 14, 2017 / Notices 43219

or will be exported from the United People’s Republic of China (PRC).1 The steel nails (nails) from the United Arab
States. For purposes of this paragraph, period of review (POR) is December 1, Emirates (UAE) are being sold in the
servicing means installation, 2014, through November 30, 2015. The United States at less than fair value
maintenance, repair, modification or Department is issuing this notice to (LTFV). The period of review (POR) is
testing. correct an inadvertent error in the Final May 1, 2015, through April 30, 2016.
Third, after notice and opportunity for Results. Specifically, the Department DATES: Effective September 14, 2017.
comment as provided in Section 766.23 granted a separate rate to Guandong
FOR FURTHER INFORMATION CONTACT:
of the Regulations, any other person, Yihua Timber Industry Co., Ltd. (Yihua
Susan Pulongbarit or Annathea Cook,
firm, corporation, or business Timber); however, the Department
AD/CVD Operations, Office V,
organization related to Krutilin by failed to take into account the
Enforcement and Compliance,
ownership, control, position of completion of a changed circumstances
International Trade Administration,
responsibility, affiliation, or other review on the antidumping duty order
U.S. Department of Commerce, 1401
connection in the conduct of trade or on multilayered wood flooring from the
Constitution Avenue NW., Washington,
business may also be made subject to PRC.2 In the CCR, the Department
DC 20230; telephone: (202) 482–4031 or
the provisions of this Order in order to determined that Yihua Lifestyle
(202) 482–0250, respectively.
prevent evasion of this Order. Technology Co., Ltd. (Yihua Tech) is the
Fourth, in accordance with Part 756 of successor-in-interest to Yihua Timber.3 SUPPLEMENTARY INFORMATION:
the Regulations, Krutilin may file an As such, effective March 22, 2017, Background
appeal of this Order with the Under Yihua Tech is entitled to Yihua
Secretary of Commerce for Industry and Timber’s antidumping cash deposit rate On May 31, 2017, the Department of
Security. The appeal must be filed with respect to entries of subject Commerce (the Department) published
within 45 days from the date of this merchandise. The Department intends the Preliminary Results of this
Order and must comply with the to send updated cash deposit antidumping duty administrative review
provisions of Part 756 of the instructions to U.S. Customs and Border of the antidumping order on nails from
Regulations. Protection. the UAE.1 We invited parties to submit
Fifth, a copy of this Order shall be This correction to the final results of comments on the Preliminary Results,
delivered to Krutilin and shall be this administrative review is issued and but we received no comments. The
published in the Federal Register. published in accordance with sections Department conducted this
Sixth, this Order is effective 751(h) and 777(i) of the Tariff Act of administrative review in accordance
immediately and shall remain in effect 1930, as amended. with section 751 of the Tariff Act of
until April 28, 2027. 1930, as amended (the Act).
Dated: September 7, 2017.
Dated: September 8, 2017. Gary Taverman, Scope of the Order
Karen H. Nies-Vogel, Deputy Assistant Secretary for Antidumping The merchandise subject to the order
Director, Office of Exporter Services. and Countervailing Duty Operations, is certain steel nails. The product is
[FR Doc. 2017–19528 Filed 9–13–17; 8:45 am] performing the non-exclusive functions and currently classified under Harmonized
duties of the Assistant Secretary for
BILLING CODE P Tariff Schedule of the United States
Enforcement and Compliance.
(HTSUS) 7317.00.55, 7317.00.65, and
[FR Doc. 2017–19529 Filed 9–13–17; 8:45 am]
7317.00.75. Although the HTSUS
DEPARTMENT OF COMMERCE BILLING CODE 3510–DS–P
numbers are provided for convenience
and customs purposes, the written
International Trade Administration description of the scope of the order
DEPARTMENT OF COMMERCE
[A–570–970] remains dispositive.2
International Trade Administration Analysis of Comments Received
Multilayered Wood Flooring From the
People’s Republic of China: Correction [A–520–804] As noted above, we have received no
to the Final Results of Antidumping comments regarding the Preliminary
Certain Steel Nails From the United Results.
Duty Administrative Review; 2014–
Arab Emirates: Final Results of
2015 Determination of No Shipments
Antidumping Duty Administrative
AGENCY: Enforcement and Compliance, Review and Final Determination of No As noted in the Preliminary Results,
International Trade Administration, Shipments; 2015–2016 we received no shipment claims from
Department of Commerce. two companies subject to this
AGENCY: Enforcement and Compliance,
DATES: Effective September 14, 2017. International Trade Administration, administrative review: Oman Fasteners
FOR FURTHER INFORMATION CONTACT: Department of Commerce. LLC (Oman Fasteners) and Overseas
Aleksandras Nakutis, AD/CVD International Steel Industry LLC (OISI).
SUMMARY: The Department of Commerce In the Preliminary Results, we
Operations, Office IV, Enforcement and
(Department) determines that certain preliminarily determined that these
Compliance, International Trade
Administration, Department of companies had no shipments of subject
1 See Multilayered Wood Flooring from the
Commerce, 1401 Street and Constitution merchandise during the POR.3 We
People’s Republic of China: Final Results of
asabaliauskas on DSKBBXCHB2PROD with NOTICES

Avenue NW., Washington, DC 20230; Antidumping Duty Administrative Review, Final
telephone: (202) 482–3147. Determination of No Shipments, and Final Partial 1 See Certain Steel Nails from the United Arab

Rescission of Antidumping Duty Administrative Emirates: Preliminary Results of Antidumping Duty
SUPPLEMENTARY INFORMATION: On June 5, Review; 2014–2015, 82 FR 25766 (June 5, 2017) Administrative Review; 2015–2016, 82 FR 24941
2017, the Department of Commerce (the (Final Results). (May 31, 2017) and accompanying Preliminary
Department) published the final results 2 See Multilayered Wood Flooring from the Decision Memorandum (Preliminary Decision
People’s Republic of China: Final Results of Memorandum) (Preliminary Results).
of the 2014–2015 administrative review
Changed Circumstances Reviews, 82 FR 14691 2 For a complete description of the scope of this
of the antidumping duty order on (March 22, 2017) (CCR). review, see Preliminary Results.
multilayered wood flooring from the 3 Id. 3 See Preliminary Results at 82 FR 24942.

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Document Created: 2017-09-13 23:49:22
Document Modified: 2017-09-13 23:49:22

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		82 FR 43218

82 FR 43218 - In the Matter of: Alexey Krutilin, a/k/a David Powell, 16 Melioratorov Street, Ivanovskoe Village, Stavropol Region, Russia 357020; Order Denying Export Privileges

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 82, Issue 177 (September 14, 2017)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security