82_FR_4852 82 FR 4842 - Order Relating To Berty Tyloo

82 FR 4842 - Order Relating To Berty Tyloo

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 10 (January 17, 2017)

Page Range4842-4844
FR Document2017-00893

Federal Register, Volume 82 Issue 10 (Tuesday, January 17, 2017)
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)]
[Notices]
[Pages 4842-4844]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00893]


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 DEPARTMENT OF COMMERCE

Bureau of Industry and Security


 Order Relating To Berty Tyloo

    In the Matter of: Berty Tyloo with last known addresses of: Rue 
du Pont Nerf 2, Morges, Switzerland and Rue du Centre, 2, 1131 
Tolochenaz, Morges, Switzerland, Respondent

    The Bureau of Industry and Security, U.S. Department of Commerce 
(``BIS''), has notified Berty Tyloo, of Morges, Switzerland 
(``Tyloo''), of its intention to initiate an administrative proceeding 
against Tyloo pursuant to Section 766.3 of the Export Administration 
Regulations (the ``Regulations''),\1\ and Section 13(c) of the Export 
Administration Act of 1979, as amended (the ``Act''),\2\ through the 
issuance of a Proposed Charging Letter to Tyloo that alleges that Tyloo 
committed one violation of the Regulations. Specifically, the charge 
is:
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    \1\ The Regulations are currently codified in the Code of 
Federal Regulations at 15 CFR parts 730-774 (2016). The charged 
violation occurred in 2013. The Regulations governing the violation 
at issue are found in the 2013 version of the Code of Federal 
Regulations (15 CFR parts 730-774). The 2016 Regulations set forth 
the procedures that apply to this matter.
    \2\ 50 U.S.C. 4601-4623 (Supp. III 2015). Since August 21, 2001, 
the Act has been in lapse and the President, through Executive Order 
13,222 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 4, 2016 (81 FR 52,587 (Aug. 8, 2016)), 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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[[Page 4843]]

Charge 1 15 CFR 764.2(g): Misrepresentation and Concealment of Facts in 
the Course of an Investigation

    On or about June 14, 2013, Tyloo made false or misleading 
statements to BIS in the course of an investigation. Specifically, 
Tyloo was interviewed by two BIS supervisory special agents on or about 
June 14, 2013, in relation to an investigation of unlicensed exports 
and reexports to Syria of items subject to the Regulations and 
manufactured by Agilent Technologies, Inc. (``Agilent''), a U.S. 
company. As early as 2001, Tyloo was the area sales manager or 
distribution channel manager for the Middle East and Africa for Agilent 
products for European subsidiaries or affiliates of Agilent, including 
with regard to the sale and distribution of Agilent products to Syria 
through a Lebanese distributor or reseller, Technoline SAL 
(``Technoline'').\3\ In addition, upon information and belief, Tyloo 
had an ownership interest in Technoline from at least March 2003 until 
at least the spring of 2008, as demonstrated, inter alia, by 
correspondence between Tyloo and Technoline management or ownership 
during this time period in which Tyloo sought information regarding his 
``share'' and ``assets'' and ``profit'' in or from Technoline.
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    \3\ From in or about November 1999, until in or about May 2011, 
Tyloo was employed first by Agilent Technologies Europe B.V. and 
then Agilent Technologies International SARL. Tyloo was based in 
Switzerland. Agilent was spun off in 1999 from Hewlett-Packard 
(``HP''). Tyloo was employed by HP from in or about April 1990, 
until in or about November 1999, at which time he was transferred to 
Agilent, within the international distributor operation at Agilent 
Technologies Europe B.V.
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    During the June 2013 interview, Tyloo stated that he had ``no 
idea'' how Agilent products had ended up in Syria and that, as far as 
he knew, all such products had stayed in Lebanon. Similarly, when asked 
if Technoline had ever shipped U.S.-origin items to Syria, Tyloo 
stated, ``No, not to my knowledge.'' At the time he made these 
statements, Tyloo knew they were false or misleading and that, in fact, 
Technoline had sold and distributed Agilent items to Syria beginning in 
at least 2004. Between at least November 2004 and December 2010, 
Technoline served as a distributor/reseller of Agilent products to 
several countries in the Middle East region pursuant to an 
International Designated Reseller Program Agreement (``reseller 
agreement'') entered into annually with Agilent's Swiss affiliates.\4\ 
Each of these reseller agreements explicitly stated that Technoline's 
territory included Syria. Moreover, on or about January 1, 2010, Tyloo 
electronically signed the 2010 version of the reseller agreement on 
Agilent Switzerland's behalf. Nonetheless, during the June 2013 
interview, Tyloo falsely or misleadingly omitted any mention of Syria 
in describing the countries in Technoline's territory under the 
reseller agreements.
---------------------------------------------------------------------------

    \4\ Between on or about November 1, 2004, and on or about 
December 31, 2007, Technoline acted as a distributor/reseller of 
Agilent products through reseller agreements it executed with 
Agilent Technologies Europe B.V. Technoline signed the 2008-2010 
versions of the reseller agreement with Agilent Technologies 
International SARL. See also note 3, supra.
---------------------------------------------------------------------------

    Tyloo's role as the area sales manager or distribution channel 
manager for Agilent products in the Middle East provided Tyloo access 
to information about Technoline's sale and distribution of Agilent 
products to Syria. Upon information and belief, his ownership stake in 
Technoline also provided him with access to such information. In 
addition, consistent with the longstanding reseller arrangement 
described above, on various occasions Tyloo acknowledged Technoline's 
Syria business involving Agilent products. For example, in a November 
14, 2004 message captioned ``Agilent sales in Technoline,'' Tyloo 
informed two Technoline officials that he ``kept on Syria'' in a 
``contract'' for Fiscal Year 2005 between Technoline and Agilent, 
noting further that even if the Agilent contract administrator removed 
the reference, ``THIS SHOULD NOT STOP US SELLING THERE (capitalization 
in the original).'' \5\ On or about March 31, 2009, Tyloo thanked 
Technoline's area sales manager for his ``continuous support and all 
the orders that you [and] your team delivers every month,'' citing 
``your tough territories like Lebanon, Syria, Iraq . . . .'' 
Additionally, on or about November 23, 2009, Technoline's area sales 
manager provided Tyloo with business plans for several countries in the 
Middle East, including Syria, and noted in the accompanying message 
that the ``main focus'' for 2010 would include ``Pharma[ceuticals] in 
Syria'' and ``Mid Range products in Academia (Syria and Iraq).'' 
(Parenthetical in original). Tyloo requested these business plans in 
preparation for his upcoming performance evaluations at Agilent 
Switzerland. Similarly, in December 2010, Tyloo gave a presentation at 
a meeting in Spain involving multiple Agilent European affiliates, in 
which he highlighted sales of Agilent products to Syria.
---------------------------------------------------------------------------

    \5\ In May 2004, six months prior to Tyloo's November 14, 2004 
message, the U.S. Government implemented restrictions on the export 
and reexport to Syria of U.S.-origin items (with the exception of 
food and certain medicines). General Order No. 2 of May 14, 2004, 
Supp. No. 1 to part 736 to the Regulations, was issued pursuant to 
the Syria Accountability and Lebanese Sovereignty Restoration Act of 
2003, enacted on December 12, 2003, and Executive Order 13338 of May 
11, 2004. In December 2011, the controls on exports and reexports to 
Syria were moved from General Order No. 2 to Section 746.9 of the 
Regulations. The licensing requirements continued unchanged. See 76 
FR 77,115 (Dec. 12, 2011). During the June 2013 interview, Tyloo 
admitted that he had received regular training on U.S. export 
controls from Agilent's legal department during his tenure with the 
Agilent subsidiaries or affiliates, including regarding embargoed 
and sanctioned destinations, and that he knew that U.S.-origin items 
could not be shipped to, inter alia, Syria. Tyloo also stated that 
he had received annual export controls training while he was 
employed by HP.
---------------------------------------------------------------------------

    As alleged herein, Tyloo made false or misleading statements to BIS 
in the course of an investigation, in violation of Section 764.2(g) of 
the Regulations. Tyloo did so even though he acknowledged during the 
June 2013 interview that providing false or misleading information to 
the BIS agents was unlawful.
    Whereas, BIS and Tyloo have entered into a Settlement Agreement 
pursuant to Section 766.18(a) of the Regulations, whereby they agreed 
to settle this matter in accordance with the terms and conditions set 
forth therein; and
    Whereas, I have approved of the terms of such Settlement Agreement; 
it is therefore ordered:
    First, for a period of three (3) years from the date of this Order, 
Berty Tyloo, with last known addresses of Rue du Pont Nerf 2, Morges, 
Switzerland, and Rue du Centre, 2, 1131 Tolochenaz, Morges, 
Switzerland, and when acting for or on his behalf, his successors, 
assigns, representatives, agents, or employees (hereinafter 
collectively referred to as ``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, or in any other activity 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

[[Page 4844]]

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 person, firm, corporation, or 
business organization related to the Denied Person by affiliation, 
ownership, control, or position of responsibility in the conduct of 
trade or related services may also be made subject to the provisions of 
this Order.
    Fourth, Tyloo shall not take any action or make or permit to be 
made any public statement, directly or indirectly, denying the 
allegations in the Proposed Charging Letter or this Order. The 
foregoing does not affect Tyloo's testimonial obligations in any 
proceeding; nor does it affect his right to take legal or factual 
positions in civil litigation or other civil proceedings in which the 
U.S. Department of Commerce is not a party.
    Fifth, the Proposed Charging Letter, the Settlement Agreement, and 
this Order shall be made available to the public.
    Sixth, this Order shall be served on Tyloo, and shall be published 
in the Federal Register.
    This Order, which constitutes the final agency action in this 
matter, is effective immediately.

     Issued this 10th day of January, 2017.
Richard R. Majauskas,
Acting Assistant Secretary for Export Enforcement.
[FR Doc. 2017-00893 Filed 1-13-17; 8:45 am]
BILLING CODE P



                                                4842                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                addressed to the FTZ Board’s Executive                  able to choose the duty rates during                   voluntarily self-disclose Antiboycott
                                                Secretary at the address below. The                     customs entry procedures that apply to                 violations.
                                                closing period for their receipt is March               finished products—plastic household                      Affected Public: Business or other for-
                                                20, 2017. Rebuttal comments in                          storage/organizational containers and                  profit organizations.
                                                response to material submitted during                   pet carriers/pens (duty rates range from
                                                the foregoing period may be submitted                   free to 5.3%)—authorized by the FTZ                      Frequency: On Occasion.
                                                during the subsequent 15-day period to                  Board for the foreign-status steel wire                  Respondent’s Obligation: Voluntary.
                                                April 3, 2017.                                          dividers (duty rate, 3.4%). Customs                      This information collection request
                                                   A copy of the application will be                    duties also could possibly be deferred or              may be viewed at reginfo.gov http://
                                                available for public inspection at the                  reduced on foreign-status production                   www.reginfo.gov/public/. Follow the
                                                Office of the Executive Secretary,                      equipment.                                             instructions to view Department of
                                                Foreign-Trade Zones Board, Room                            Public comment is invited from                      Commerce collections currently under
                                                21013, U.S. Department of Commerce,                     interested parties. Submissions shall be               review by OMB.
                                                1401 Constitution Avenue NW.,                           addressed to the FTZ Board’s Executive                   Written comments and
                                                Washington, DC 20230–0002, and in the                   Secretary at the address below. The                    recommendations for the proposed
                                                ‘‘Reading Room’’ section of the FTZ                     closing period for their receipt is                    information collection should be sent
                                                Board’s Web site, which is accessible                   February 27, 2017.                                     within 30 days of publication of this
                                                via www.trade.gov/ftz. For further                         A copy of the notification will be                  notice to OIRA_Submission@
                                                information, contact Camille Evans at                   available for public inspection at the                 omb.eop.gov or fax to (202) 395–5806.
                                                Camille.Evans@trade.gov or (202) 482–                   Office of the Executive Secretary,
                                                2350.                                                   Foreign-Trade Zones Board, Room                        Sheleen Dumas,
                                                  Dated: January 10, 2017.                              21013, U.S. Department of Commerce,                    PRA Departmental Lead, Office of the Chief
                                                                                                        1401 Constitution Avenue NW.,                          Information Officer.
                                                Andrew McGilvray,
                                                                                                        Washington, DC 20230–0002, and in the                  [FR Doc. 2017–00798 Filed 1–13–17; 8:45 am]
                                                Executive Secretary.
                                                                                                        ‘‘Reading Room’’ section of the FTZ                    BILLING CODE 3510–33–P
                                                [FR Doc. 2017–00870 Filed 1–13–17; 8:45 am]
                                                                                                        Board’s Web site, which is accessible
                                                BILLING CODE 3510–DS–P
                                                                                                        via www.trade.gov/ftz.
                                                                                                           For further information, contact Diane              DEPARTMENT OF COMMERCE
                                                                                                        Finver at Diane.Finver@trade.gov or
                                                DEPARTMENT OF COMMERCE                                                                                         Bureau of Industry and Security
                                                                                                        (202) 482–1367.
                                                Foreign-Trade Zones Board                                 Dated: January 9, 2017.                              Order Relating To Berty Tyloo
                                                [B–04–2017]                                             Andrew McGilvray,
                                                                                                                                                                 In the Matter of: Berty Tyloo with last
                                                                                                        Executive Secretary.
                                                                                                                                                               known addresses of: Rue du Pont Nerf 2,
                                                Foreign-Trade Zone (FTZ) 277—                           [FR Doc. 2017–00867 Filed 1–13–17; 8:45 am]            Morges, Switzerland and Rue du Centre, 2,
                                                Western Maricopa County, Arizona                        BILLING CODE 3510–DS–P                                 1131 Tolochenaz, Morges, Switzerland,
                                                Notification of Proposed Production                                                                            Respondent
                                                Activity; IRIS USA, Inc. (Plastic
                                                Household Storage/Organizational                        DEPARTMENT OF COMMERCE                                    The Bureau of Industry and Security,
                                                Containers), Surprise, Arizona                                                                                 U.S. Department of Commerce (‘‘BIS’’),
                                                                                                        Submission for OMB Review;                             has notified Berty Tyloo, of Morges,
                                                  IRIS USA, Inc. (IRIS) submitted a                     Comment Request; Voluntary Self-                       Switzerland (‘‘Tyloo’’), of its intention
                                                notification of proposed production                     Disclosure of Antiboycott Violations                   to initiate an administrative proceeding
                                                activity to the FTZ Board for its facility                                                                     against Tyloo pursuant to Section 766.3
                                                in Surprise, Arizona, within FTZ 277.                     The Department of Commerce will                      of the Export Administration
                                                The notification conforming to the                      submit to the Office of Management and                 Regulations (the ‘‘Regulations’’),1 and
                                                requirements of the regulations of the                  Budget (OMB) for clearance the                         Section 13(c) of the Export
                                                FTZ Board (15 CFR 400.22) was                           following proposal for collection of                   Administration Act of 1979, as amended
                                                received on December 23, 2016.                          information under the provisions of the                (the ‘‘Act’’),2 through the issuance of a
                                                  IRIS has a pending production                         Paperwork Reduction Act (44 U.S.C.                     Proposed Charging Letter to Tyloo that
                                                notification to produce plastic                         Chapter 35).                                           alleges that Tyloo committed one
                                                household storage/organizational                          Agency: Bureau of Industry and                       violation of the Regulations.
                                                containers and pet carriers/pens within                 Security.                                              Specifically, the charge is:
                                                Site 12 of FTZ 277 (B–68–2016, 81 FR                      Title: Voluntary Self-Disclosure of
                                                71045–71046, October 14, 2016). The                     Antiboycott Violations.                                   1 The Regulations are currently codified in the
                                                current request would add a foreign-                      Form Number(s): N/A.                                 Code of Federal Regulations at 15 CFR parts 730–
                                                status component (steel wire dividers)                    OMB Control Number: 0694–0132.                       774 (2016). The charged violation occurred in 2013.
                                                to the scope of authority. Pursuant to 15                 Type of Review: Regular submission.                  The Regulations governing the violation at issue are
                                                                                                                                                               found in the 2013 version of the Code of Federal
                                                CFR 400.14(b), additional FTZ authority                   Estimated Total Annual Burden                        Regulations (15 CFR parts 730–774). The 2016
                                                would be limited to the specific foreign-               Hours: 7,230.                                          Regulations set forth the procedures that apply to
                                                status component described in the                         Estimated Number of Respondents:                     this matter.
                                                                                                                                                                  2 50 U.S.C. 4601–4623 (Supp. III 2015). Since
                                                submitted notification (as described                    15.
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                               August 21, 2001, the Act has been in lapse and the
                                                below) and subsequently authorized by                     Estimated Time per Response: 10 to                   President, through Executive Order 13,222 of
                                                the FTZ Board.                                          600 hours.                                             August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)),
                                                  Production under FTZ procedures                         Needs and Uses: This collection of                   which has been extended by successive Presidential
                                                could exempt IRIS from customs duty                     information supports enforcement of the                Notices, the most recent being that of August 4,
                                                                                                                                                               2016 (81 FR 52,587 (Aug. 8, 2016)), has continued
                                                payments on the foreign-status                          Antiboycott provisions of the Export                   the Regulations in effect under the International
                                                component used in export production.                    Administration Regulations (EAR) by                    Emergency Economic Powers Act (50 U.S.C. 1701,
                                                On its domestic sales, IRIS would be                    providing a method for industry to                     et seq. (2012)).



                                           VerDate Sep<11>2014   18:21 Jan 13, 2017   Jkt 241001   PO 00000   Frm 00005   Fmt 4703   Sfmt 4703   E:\FR\FM\17JAN1.SGM   17JAN1


                                                                              Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices                                             4843

                                                Charge 1 15 CFR 764.2(g):                               reseller agreements explicitly stated that             the Middle East, including Syria, and
                                                Misrepresentation and Concealment of                    Technoline’s territory included Syria.                 noted in the accompanying message that
                                                Facts in the Course of an Investigation                 Moreover, on or about January 1, 2010,                 the ‘‘main focus’’ for 2010 would
                                                   On or about June 14, 2013, Tyloo                     Tyloo electronically signed the 2010                   include ‘‘Pharma[ceuticals] in Syria’’
                                                made false or misleading statements to                  version of the reseller agreement on                   and ‘‘Mid Range products in Academia
                                                BIS in the course of an investigation.                  Agilent Switzerland’s behalf.                          (Syria and Iraq).’’ (Parenthetical in
                                                Specifically, Tyloo was interviewed by                  Nonetheless, during the June 2013                      original). Tyloo requested these
                                                two BIS supervisory special agents on or                interview, Tyloo falsely or misleadingly               business plans in preparation for his
                                                about June 14, 2013, in relation to an                  omitted any mention of Syria in                        upcoming performance evaluations at
                                                investigation of unlicensed exports and                 describing the countries in Technoline’s               Agilent Switzerland. Similarly, in
                                                reexports to Syria of items subject to the              territory under the reseller agreements.               December 2010, Tyloo gave a
                                                Regulations and manufactured by                            Tyloo’s role as the area sales manager              presentation at a meeting in Spain
                                                Agilent Technologies, Inc. (‘‘Agilent’’), a             or distribution channel manager for                    involving multiple Agilent European
                                                U.S. company. As early as 2001, Tyloo                   Agilent products in the Middle East                    affiliates, in which he highlighted sales
                                                was the area sales manager or                           provided Tyloo access to information                   of Agilent products to Syria.
                                                distribution channel manager for the                    about Technoline’s sale and distribution                  As alleged herein, Tyloo made false or
                                                Middle East and Africa for Agilent                      of Agilent products to Syria. Upon                     misleading statements to BIS in the
                                                products for European subsidiaries or                   information and belief, his ownership                  course of an investigation, in violation
                                                affiliates of Agilent, including with                   stake in Technoline also provided him                  of Section 764.2(g) of the Regulations.
                                                regard to the sale and distribution of                  with access to such information. In                    Tyloo did so even though he
                                                Agilent products to Syria through a                     addition, consistent with the                          acknowledged during the June 2013
                                                Lebanese distributor or reseller,                       longstanding reseller arrangement                      interview that providing false or
                                                Technoline SAL (‘‘Technoline’’).3 In                    described above, on various occasions                  misleading information to the BIS
                                                addition, upon information and belief,                  Tyloo acknowledged Technoline’s Syria                  agents was unlawful.
                                                                                                        business involving Agilent products.                      Whereas, BIS and Tyloo have entered
                                                Tyloo had an ownership interest in
                                                                                                        For example, in a November 14, 2004                    into a Settlement Agreement pursuant to
                                                Technoline from at least March 2003
                                                                                                        message captioned ‘‘Agilent sales in                   Section 766.18(a) of the Regulations,
                                                until at least the spring of 2008, as
                                                                                                        Technoline,’’ Tyloo informed two                       whereby they agreed to settle this matter
                                                demonstrated, inter alia, by
                                                                                                        Technoline officials that he ‘‘kept on                 in accordance with the terms and
                                                correspondence between Tyloo and
                                                Technoline management or ownership                      Syria’’ in a ‘‘contract’’ for Fiscal Year              conditions set forth therein; and
                                                                                                        2005 between Technoline and Agilent,                      Whereas, I have approved of the terms
                                                during this time period in which Tyloo
                                                                                                        noting further that even if the Agilent                of such Settlement Agreement; it is
                                                sought information regarding his
                                                                                                        contract administrator removed the                     therefore ordered:
                                                ‘‘share’’ and ‘‘assets’’ and ‘‘profit’’ in or                                                                     First, for a period of three (3) years
                                                from Technoline.                                        reference, ‘‘THIS SHOULD NOT STOP
                                                                                                        US SELLING THERE (capitalization in                    from the date of this Order, Berty Tyloo,
                                                   During the June 2013 interview, Tyloo
                                                                                                        the original).’’ 5 On or about March 31,               with last known addresses of Rue du
                                                stated that he had ‘‘no idea’’ how
                                                                                                        2009, Tyloo thanked Technoline’s area                  Pont Nerf 2, Morges, Switzerland, and
                                                Agilent products had ended up in Syria
                                                                                                        sales manager for his ‘‘continuous                     Rue du Centre, 2, 1131 Tolochenaz,
                                                and that, as far as he knew, all such
                                                products had stayed in Lebanon.                         support and all the orders that you [and]              Morges, Switzerland, and when acting
                                                Similarly, when asked if Technoline                     your team delivers every month,’’ citing               for or on his behalf, his successors,
                                                had ever shipped U.S.-origin items to                   ‘‘your tough territories like Lebanon,                 assigns, representatives, agents, or
                                                Syria, Tyloo stated, ‘‘No, not to my                    Syria, Iraq . . . .’’ Additionally, on or              employees (hereinafter collectively
                                                knowledge.’’ At the time he made these                  about November 23, 2009, Technoline’s                  referred to as ‘‘Denied Person’’), may
                                                statements, Tyloo knew they were false                  area sales manager provided Tyloo with                 not, directly or indirectly, participate in
                                                or misleading and that, in fact,                        business plans for several countries in                any way in any transaction involving
                                                Technoline had sold and distributed                                                                            any commodity, software or technology
                                                Agilent items to Syria beginning in at                  Technologies Europe B.V. Technoline signed the         (hereinafter collectively referred to as
                                                least 2004. Between at least November
                                                                                                        2008–2010 versions of the reseller agreement with      ‘‘item’’) exported or to be exported from
                                                                                                        Agilent Technologies International SARL. See also      the United States that is subject to the
                                                2004 and December 2010, Technoline                      note 3, supra.
                                                served as a distributor/reseller of                        5 In May 2004, six months prior to Tyloo’s          Regulations, or in any other activity
                                                Agilent products to several countries in                November 14, 2004 message, the U.S. Government         subject to the Regulations, including,
                                                the Middle East region pursuant to an                   implemented restrictions on the export and             but not limited to:
                                                                                                        reexport to Syria of U.S.-origin items (with the          A. Applying for, obtaining, or using
                                                International Designated Reseller                       exception of food and certain medicines). General
                                                Program Agreement (‘‘reseller                           Order No. 2 of May 14, 2004, Supp. No. 1 to part
                                                                                                                                                               any license, license exception, or export
                                                agreement’’) entered into annually with                 736 to the Regulations, was issued pursuant to the     control document;
                                                                                                        Syria Accountability and Lebanese Sovereignty             B. Carrying on negotiations
                                                Agilent’s Swiss affiliates.4 Each of these              Restoration Act of 2003, enacted on December 12,       concerning, or ordering, buying,
                                                                                                        2003, and Executive Order 13338 of May 11, 2004.       receiving, using, selling, delivering,
                                                  3 From in or about November 1999, until in or
                                                                                                        In December 2011, the controls on exports and
                                                about May 2011, Tyloo was employed first by             reexports to Syria were moved from General Order       storing, disposing of, forwarding,
                                                Agilent Technologies Europe B.V. and then Agilent       No. 2 to Section 746.9 of the Regulations. The         transporting, financing, or otherwise
                                                Technologies International SARL. Tyloo was based        licensing requirements continued unchanged. See        servicing in any way, any transaction
                                                in Switzerland. Agilent was spun off in 1999 from       76 FR 77,115 (Dec. 12, 2011). During the June 2013
sradovich on DSK3GMQ082PROD with NOTICES




                                                Hewlett-Packard (‘‘HP’’). Tyloo was employed by
                                                                                                                                                               involving any item exported or to be
                                                                                                        interview, Tyloo admitted that he had received
                                                HP from in or about April 1990, until in or about       regular training on U.S. export controls from          exported from the United States that is
                                                November 1999, at which time he was transferred         Agilent’s legal department during his tenure with      subject to the Regulations, or in any
                                                to Agilent, within the international distributor        the Agilent subsidiaries or affiliates, including      other activity subject to the Regulations;
                                                operation at Agilent Technologies Europe B.V.           regarding embargoed and sanctioned destinations,
                                                  4 Between on or about November 1, 2004, and on
                                                                                                                                                               or
                                                                                                        and that he knew that U.S.-origin items could not
                                                or about December 31, 2007, Technoline acted as         be shipped to, inter alia, Syria. Tyloo also stated
                                                                                                                                                                  C. Benefitting in any way from any
                                                a distributor/reseller of Agilent products through      that he had received annual export controls training   transaction involving any item exported
                                                reseller agreements it executed with Agilent            while he was employed by HP.                           or to be exported from the United States


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                                                4844                          Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Notices

                                                that is subject to the Regulations, or in                  Fifth, the Proposed Charging Letter,                Flourish), Roci International (HK)
                                                any other activity subject to the                       the Settlement Agreement, and this                     Limited (Roci), and Yantai CMC Bearing
                                                Regulations.                                            Order shall be made available to the                   Co., Ltd. (Yantai CMC). The Department
                                                   Second, no person may, directly or                   public.                                                selected CPZ/SKF and Yantai CMC as
                                                indirectly, do any of the following:                       Sixth, this Order shall be served on                mandatory respondents for individual
                                                   A. Export or reexport to or on behalf                Tyloo, and shall be published in the                   examination; however, we subsequently
                                                of the Denied Person any item subject to                Federal Register.                                      found that Yantai CMC does not qualify
                                                the Regulations;                                           This Order, which constitutes the                   for a separate rate. The NSR covers
                                                   B. Take any action that facilitates the              final agency action in this matter, is                 Shandong Bolong Bearing Co., Ltd.
                                                acquisition or attempted acquisition by                 effective immediately.                                 (Bolong).
                                                the Denied Person of the ownership,                       Issued this 10th day of January, 2017.                 On July 14, 2016, the Department
                                                possession, or control of any item                      Richard R. Majauskas,                                  published the Preliminary Results.1 In
                                                subject to the Regulations that has been                Acting Assistant Secretary for Export                  the Preliminary Results, we found that
                                                or will be exported from the United                     Enforcement.                                           Bolong’s sale to the United States is not
                                                States, including financing or other                    [FR Doc. 2017–00893 Filed 1–13–17; 8:45 am]            bona fide, as required by section
                                                support activities related to a                         BILLING CODE P
                                                                                                                                                               751(a)(2)(B)(iv) of the Tariff Act of 1930,
                                                transaction whereby the Denied Person                                                                          as amended (the Act), and, therefore, we
                                                acquires or attempts to acquire such                                                                           indicated that we intended to rescind
                                                ownership, possession or control;                       DEPARTMENT OF COMMERCE                                 the NSR.
                                                   C. Take any action to acquire from or                                                                         In August 2016, we received case
                                                to facilitate the acquisition or attempted              International Trade Administration                     briefs from the Timken Company (the
                                                acquisition from the Denied Person of                                                                          petitioner), Bolong and Yantai CMC. In
                                                                                                        [A–570–601]
                                                any item subject to the Regulations that                                                                       September 2016, we received rebuttal
                                                has been exported from the United                       Tapered Roller Bearings and Parts                      briefs from the petitioner and CPZ/SKF.
                                                States;                                                 Thereof, Finished and Unfinished,                      In October 2016, the Department held a
                                                   D. Obtain from the Denied Person in                  From the People’s Republic of China:                   public hearing in the administrative
                                                the United States any item subject to the               Final Results of Antidumping Duty                      review at the request of the petitioner.
                                                Regulations with knowledge or reason                    Administrative Review, and Rescission                    In November 2016, the Department
                                                to know that the item will be, or is                    of New Shipper Review; 2014–2015                       extended the deadline for the final
                                                intended to be, exported from the                                                                              results by 60 days to January 10, 2017.2
                                                United States; or                                       AGENCY:   Enforcement and Compliance,                    The Department conducted this
                                                   E. Engage in any transaction to service              International Trade Administration,                    review in accordance with section 751
                                                any item subject to the Regulations that                Department of Commerce.                                of the Act.
                                                has been or will be exported from the                   SUMMARY: On July 14, 2016, the
                                                                                                        Department of Commerce (Department)                    Scope of the Order 3
                                                United States and which is owned,
                                                possessed or controlled by the Denied                   published the preliminary results of the                  The merchandise covered by the order
                                                Person, or service any item, of whatever                28th administrative and new shipper                    includes tapered roller bearings and
                                                origin, that is owned, possessed or                     reviews of the antidumping duty order                  parts thereof. The subject merchandise
                                                controlled by the Denied Person if such                 on tapered roller bearings and parts                   is currently classifiable under
                                                service involves the use of any item                    thereof, finished and unfinished (TRBs),               Harmonized Tariff Schedule of the
                                                subject to the Regulations that has been                from the People’s Republic of China                    United States (HTSUS) subheadings:
                                                or will be exported from the United                     (PRC). The period of review (POR) is                   8482.20.00, 8482.91.00.50, 8482.99.15,
                                                States. For purposes of this paragraph,                 June 1, 2014, through May 31, 2015.                    8482.99.45, 8483.20.40, 8483.20.80,
                                                servicing means installation,                           After analyzing the comments received,                 8483.30.80, 8483.90.20, 8483.90.30,
                                                maintenance, repair, modification or                    we made no changes to the margin                       8483.90.80, 8708.70.6060, 8708.99.2300,
                                                testing.                                                calculations in the administrative                     8708.99.4850, 8708.99.6890,
                                                   Third, after notice and opportunity for              review and we are rescinding the new                   8708.99.8115, and 8708.99.8180. The
                                                comment as provided in Section 766.23                   shipper review (NSR). The final                        HTSUS subheadings are provided for
                                                of the Regulations, any person, firm,                   weighted-average dumping margins for                   convenience and customs purposes
                                                corporation, or business organization                   the reviewed firms are listed below in
                                                related to the Denied Person by                         the section entitled ‘‘Final Results of the              1 See Tapered Roller Bearings and Parts Thereof,

                                                affiliation, ownership, control, or                     Review.’’                                              Finished and Unfinished, From the People’s
                                                                                                                                                               Republic of China: Preliminary Results, Partial
                                                position of responsibility in the conduct               DATES: Effective January 17, 2017.
                                                                                                                                                               Rescission of Antidumping Duty Administrative
                                                of trade or related services may also be                FOR FURTHER INFORMATION CONTACT:                       Review, and Preliminary Rescission of New Shipper
                                                made subject to the provisions of this                  Blaine Wiltse or Manuel Rey,                           Review; 2014–2015, 81 FR 45455 (July 14, 2016)
                                                Order.                                                                                                         (Preliminary Results), and accompanying
                                                                                                        Enforcement and Compliance,                            Preliminary Decision Memorandum.
                                                   Fourth, Tyloo shall not take any                     International Trade Administration,                      2 See Memorandum from Manuel Rey,
                                                action or make or permit to be made any                 U.S. Department of Commerce, 1401                      International Trade Compliance Analyst, Office II,
                                                public statement, directly or indirectly,               Constitution Avenue NW., Washington,                   Antidumping and Countervailing Duty Operations,
                                                denying the allegations in the Proposed                 DC 20230; telephone: (202) 482–6345 or                 to Christian Marsh, Deputy Assistant Secretary for
                                                Charging Letter or this Order. The                                                                             AD/CVD Operations, entitled, ‘‘Tapered Roller
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        (202) 482–5518, respectively.                          Bearings and Parts Thereof, Finished or Unfinished,
                                                foregoing does not affect Tyloo’s                                                                              From the People’s Republic of China: Extension of
                                                testimonial obligations in any                          Background                                             Deadline for the Final Results of Antidumping Duty
                                                proceeding; nor does it affect his right                  These final results of administrative                Administrative, Changed Circumstances, and New
                                                to take legal or factual positions in civil             review cover four exporters of the                     Shipper Reviews,’’ dated November 1, 2016.
                                                                                                                                                                 3 See Notice of Antidumping Duty Order; Tapered
                                                litigation or other civil proceedings in                subject merchandise, Changshan Peer                    Roller Bearings and Parts Thereof, Finished or
                                                which the U.S. Department of                            Bearing Co. Ltd. (CPZ/SKF), Haining                    Unfinished, From the People’s Republic of China,
                                                Commerce is not a party.                                Nice Flourish Auto Parts Co., Ltd. (Nice               52 FR 22667 (June 15, 1987) (Order).



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Document Created: 2017-01-14 01:45:04
Document Modified: 2017-01-14 01:45:04
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 Citation82 FR 4842 

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