82 FR 48925 - Amendments to Existing Validated End-User Authorization in the People's Republic of China: Lam Research Service Co., Ltd.

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 203 (October 23, 2017)

Page Range48925-48931
FR Document2017-22649

In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing Validated End-User (VEU) list for the People's Republic of China (PRC) by updating the list of eligible destinations (facilities) and eligible items in Supplement No. 7 to part 748 for Lam Research Service Co., Ltd. (Lam). The End-User Review Committee (ERC) reviewed and authorized the amendments to the eligible facilities in response to a request made by Lam and in accordance with established procedures. Changes to the list of eligible items are technical corrections intended to improve clarity. As a consequence of these amendments, the EAR will include an updated and accurate list of eligible items (items that may be exported, reexported and transferred (in-country)), and eligible Lam facilities in the PRC. Publication of this rule supports the VEU program by providing information that assists the exporting public.

Federal Register, Volume 82 Issue 203 (Monday, October 23, 2017)
[Federal Register Volume 82, Number 203 (Monday, October 23, 2017)]
[Rules and Regulations]
[Pages 48925-48931]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22649]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 170721693-7693-01]
RIN 0694-AH40


Amendments to Existing Validated End-User Authorization in the 
People's Republic of China: Lam Research Service Co., Ltd.

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends 
the Export Administration Regulations (EAR) to revise the existing 
Validated End-User (VEU) list for the People's Republic of China (PRC) 
by updating the list of eligible destinations (facilities) and eligible 
items in Supplement No. 7 to part 748 for Lam Research Service Co., 
Ltd. (Lam). The End-User Review Committee (ERC) reviewed and authorized 
the amendments to the eligible facilities in response to a request made 
by Lam and in accordance with established procedures. Changes to the 
list of eligible items are technical corrections intended to improve 
clarity. As a consequence of these amendments, the EAR will include an 
updated and accurate list of eligible items (items that may be 
exported, reexported and transferred (in-country)), and eligible Lam 
facilities in the PRC. Publication of this rule supports the VEU 
program by providing information that assists the exporting public.

DATES: This rule is effective October 23, 2017.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, 
Office of the Assistant Secretary, Export Administration, Bureau of 
Industry and Security, U.S. Department of Commerce, Phone: 202-482-
5991; Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

Authorization Validated End-User

    Validated End-Users (VEUs) are designated entities located in 
eligible destinations to which eligible items may be exported, 
reexported, or transferred (in-country) under a general authorization 
instead of a license. The names of the VEUs, as well as the dates they 
were so designated, and the associated eligible destinations 
(facilities) and items are identified in Supplement No. 7 to part 748 
of the EAR. Pursuant to section 748.15 (Authorization Validated End-
User (VEU)), eligible destinations of VEUs may obtain eligible items 
without the need for the VEUs' supplier to obtain an export or reexport 
license from BIS. Eligible items vary among VEUs and may include 
commodities, software, and/or technology, except items controlled for 
missile technology or crime control reasons on the Commerce Control 
List (CCL) (Supp. No. 1 to part 774 of the EAR).
    VEUs are reviewed and approved by the U.S. Government in accordance 
with the provisions of Sec.  748.15 and Supplement Nos. 8 and 9 to part 
748 of the EAR. The ERC, composed of representatives from the 
Departments of State, Defense, Energy and Commerce, and other agencies 
as appropriate, is responsible for administering the VEU program. BIS 
amended the EAR in a final rule published on June 19, 2007 (72 FR 
33646), to create Authorization VEU.

Amendments to Existing VEU Authorization for Lam Research Service Co., 
Ltd. (Lam) in the People's Republic of China (PRC)

Revision to the List of ``Eligible Destinations'' (Facilities) and 
``Eligible Items'' for Lam

    In this rule, BIS amends Supplement No. 7 to part 748 to revise the 
eligible facilities in the PRC and the items that may be exported, 
reexported or transferred (in-country) to those facilities under VEU 
authorization for Lam. Specifically, the amendments to Lam's eligible 
facilities, including modifications to the name and/or address, 
addition of new facilities, and a facility removal, are being made in 
response to a request from Lam. The End-User Review Committee reviewed 
and authorized the amendments in accordance with established 
procedures.
    BIS also makes a technical update to the list of Lam's eligible 
items to increase clarity and transparency, as described further below.

Facilities

Revisions to Lam's Eligible Facilities

    Prior to this rule, Lam's VEU authorization included 18 facilities 
in the PRC. Of those facilities, 13 remain substantially unchanged in 
Supplement No. 7 to part 748 apart from minor edits made by BIS to 
punctuation and display (e.g., adding a space after asterisks and 
removing unnecessary commas) of addresses for the 13 facilities, as set 
forth below. BIS also updated the address for one facility, updated the 
names of two facilities, updated both

[[Page 48926]]

the name and address of one facility, and removed one facility. In this 
rule, BIS also adds six facilities to Lam's VEU authorization. With the 
publication of this rule, Lam's total number of facilities in the PRC 
is 23. Specific revisions to the list of Lam facilities are as follows:

Punctuation and Display of Addresses for 13 Existing Facilities

Before:
* Lam Research International Sarl (Lam Beijing Warehouse),
c/o Beijing Lam Electronics Tech Center,
1 Building, No. 28, Jinghai Second Road, BDA,
Beijing, China 100176.

After:
* Lam Research International Sarl (Lam Beijing Warehouse)
c/o Beijing Lam Electronics Tech Center
1 Building, No. 28, Jinghai Second Road, BDA
Beijing, China 100176

Before:
* Lam Research International Sarl (Lam Beijing Warehouse),
c/o Beijing STE International Logistics Co., Ltd.,
Building 3, No. 9 Ke Chuang Er Street,
Beijing Economic & Technological Development Area,
Beijing, China 100176.

After:
* Lam Research International Sarl (Lam Beijing Warehouse)
c/o Beijing STE International Logistics Co., Ltd.
Building 3, No. 9 Ke Chuang Er Street
Beijing Economic & Technological Development Area
Beijing, China 100176

Before:
* Lam Research International Sarl (Lam Beijing Warehouse),
c/o China International Electronic Service Company,
1 Building, No. 28, Jinghai Second Road, BDA,
Beijing, China 100176.

After:
* Lam Research International Sarl (Lam Beijing Warehouse)
c/o China International Electronic Service Company
1 Building, No. 28, Jinghai Second Road, BDA
Beijing, China 100176

Before:
* Lam Research International Sarl (Lam Beijing Warehouse)
c/o HMG Hi-tech Logistics (Beijing) Co., Ltd.
Building 3, No. 9 Ke Chuang Er Street
Beijing Economic Technological Development Area
Beijing, China 100176.

After:
* Lam Research International Sarl (Lam Beijing Warehouse)
c/o HMG Hi-Tech Logistics (Beijing) Co., Ltd.
Building 3, No. 9 Ke Chuang Er Street
Beijing Economic & Technological Development Area
Beijing, China 100176

Before:
* Lam Research International Sarl (Lam Shanghai Warehouse Operator),
c/o Shanghai Well-win Logistics Co., Ltd.,
No. 2667 Zuchongzhi Road,
Pudong New District, Shanghai, China.

After:
* Lam Research International Sarl (Lam Shanghai Warehouse Operator)
c/o Shanghai Well-Win Logistics Co., Ltd.
No. 2667 Zuchongzhi Road
Pudong New District
Shanghai, China

Before:
* Lam Research International Sarl (Lam Shanghai Warehouse; WGQ 
Bonded Warehouse)
c/o HMG Supply Chain (Shanghai) Co., Ltd.
No. 55, Fei la Road, Waigaoqiao Free Trade Zone
Pudong New Area
Shanghai, China 200131.

After:
* Lam Research International Sarl (Lam Shanghai Warehouse; WGQ 
Bonded Warehouse)
c/o HMG Supply Chain (Shanghai) Co., Ltd.
No. 55, Fei La Road
Waigaoqiao Free Trade Zone
Pudong New Area
Shanghai, China 200131

Before:
* Lam Research International Sarl (Lam Xi'an Warehouse),
c/o VR International Logistics (Xi'an) Co., Ltd.,
No. 28 Information Road, EPZ B Zone,
Xian New District, Xian, China 710119.

After:
* Lam Research International Sarl (Lam Xi'an Warehouse)
c/o VR International Logistics (Xi'an) Co., Ltd.
No. 28 Information Road
EPZ B Zone, Xi'an New District
Xi'an, China 710119

Before:
* Lam Research International Sarl (Wuxi EPZ Bonded Warehouse)
c/o HMG WHL Logistic (Wuxi) Co., Ltd.
1st Fl, Area 4, No. 1, Plot J3
No. 5 Gaolang East Road
Export Processing Zone
Wuxi, China 214028.

After:
* Lam Research International Sarl (Wuxi EPZ Bonded Warehouse)
c/o HMG WHL Logistics (Wuxi) Co., Ltd.
1st Floor, Area 4, No. 1, Plot J3
No. 5 Gaolang East Road
Export Processing Zone
Wuxi, Jiangsu, China 214028

Before:
** Lam Research Service Co., Ltd.
1st Floor, Area C
Hua Hong Science & Technology Park
177 Bi Bo Road
Zhangjiang Hi-Tech Park
Pudong, Shanghai, China 201203.

After:
** Lam Research Service Co., Ltd. (Shanghai)
1st Floor, Area C
Hua Hong Science & Technology Park
177 Bi Bo Road
Zhangjiang Hi-Tech Park, Pudong New District
Shanghai, China 201203

Before:
** Lam Research Service Co., Ltd.,
Beijing Branch, 6th Floor, Building 52,
No. 2, Jingyuan North Street,
Beijing Economic & Technological Development Area,
Beijing, China 100176.

After:
** Lam Research Service Co., Ltd. (Beijing Branch)
6th Floor, Building 52
No. 2, Jingyuan North Street
Beijing Economic & Technological Development Area
Beijing, China 100176

Before:
** Lam Research Service Co., Ltd.
(Lam Dalian Representative Office),
c/o Intel Semiconductor (Dalian) Ltd.,
No. 109 Huaihe Road East,
Dalian Economic & Technical Development Area,
Dalian, China 116600.

After:
** Lam Research Service Co., Ltd. (Lam Dalian Representative Office)
c/o Intel Semiconductor (Dalian) Ltd.
No. 109 Huaihe Road East
Dalian Economic & Technical Development Area
Dalian, China 116600

Before:
** Lam Research Service Co., Ltd.
Wuhan Representative Office
Room 302, Guanggu Software Park Building E4
No. 1 Guanshan Road
Donghu Development Zone
Wuhan, Hubei Province, China 430074.

After:
** Lam Research Service Co., Ltd. (Wuhan Representative Office)
Room 302, Guanggu Software Park Building E4
No. 1 Guanshan Road
Wuhan, Hubei Province, China 430074

Before:
** Lam Research Service (Shanghai) Co., Ltd.
Xi'an Branch, Room 602,
Building G, Wangzuo Xiandai City,
35 Tangyan Road, Gaoxin District, Xi'an, China 710065.

After:
** Lam Research Service (Shanghai) Co., Ltd. (Xi'an Branch)
Room 602, Building G, Wangzuo Xiandai City
35 Tangyan Road, Gaoxin District
Xi'an, China 710065

Change of Address for 1 Existing Facility

Before:
* Lam Research International Sarl (Lam Shanghai Warehouse)
c/o HMG Supply Chain (Shanghai) Co., Ltd.
No. 3869, Longdong Avenue
Pudong New District
Shanghai, China 201203.

After:
* Lam Research International Sarl (Lam Shanghai Warehouse)

[[Page 48927]]

c/o HMG Supply Chain (Shanghai) Co., Ltd.
No. 633, Shangfeng Road
Pudong New District
Shanghai, China 201201

Name Change for 2 Facilities

Before:
* Lam Research International Sarl (Lam Dalian Warehouse),
c/o JD Logistics Dalian bonded Logistic Co., Ltd.,
No. 1 Public Warehouse, Dalian Bonded Logistics Zone,
Dalian, China 116600.

After:
* Lam Research International Sarl (Lam Dalian Warehouse)
c/o Liaoning JD Logistics International Co., Ltd.
Dalian Bonded Logistics Zone
No. 1 Public Warehouse
Dalian, China 116600

Before:
** Lam Research Service Co., Ltd.
Wuxi Representative Office
Room 302, Building 6, Singapore International Park
No. 89 Xing Chuang Si Road
Wuxi New District
Wuxi, Jiangsu, China 214028.

After:
** Lam Research Service Co., Ltd. (Wuxi Branch)
Room 302, Building 6, Singapore International Park
No. 89 Xing Chuang Si Road
Wuxi New District
Wuxi, Jiangsu, China 214028

Change of Address and Name for 1 Existing Facility

Before:
* Lam Research International Sarl (Wuhan TSS)
c/o HMG Wuhan Logistic Co., Ltd.
1st-2nd Floor, Area B, No. 5 Building
Hua Shi Yuan Er Road
East-lake Hi-Tech Development Zone
Wuhan, Hubei Province, China 430223.

After:
* Lam Research International Sarl (Lam Wuhan Warehouse)
c/o Wuhan HMG Logistics Co., Ltd.
Factory C101/201, 1-2F Building 1
Central China Normal University Park Road
Wuhan, China 430223

Removal of 1 Facility

* Lam Research International Sarl (Wuxi Bonded Warehouse for CIQ 
inspection)
c/o SinoTrans Jiangsu Fuchang Logistics Co., Ltd.
No.1 Xiqin Road,
Area A, Export Processing Zone, New District
Wuxi, China 214028

Addition of 6 Facilities

* Lam Research International Sarl (Lam Dalian Warehouse)
c/o Liaoning JD Logistics International Co., Ltd.
Dalian Bonded Logistics Port
W5-B8, No. 6, Road #3
Dalian, China 116600

* Lam Research International Sarl (Lam Shanghai Warehouse)
c/o Regal Harmony Logistics Co., Ltd.
No.799, Yihua Road
Pudong New District
Shanghai, China 201299

* Lam Research International Sarl (Lam Wuxi Warehouse)
c/o HMG WHL Logistics (Wuxi) Co., Ltd.
Plot J3-4, No. 5 Gaolang East Road
CBZ, New District Wuxi
Wuxi, China 214208

* Lam Research International Sarl (Lam Xiamen Warehouse)
c/o VR Int'l Logistics (Xiamen) Co., Ltd.
C3 Area No. 3 Warehouse
No. 1007 West Fangshan Road
Bonded Logistics Center (Type B) Xiang'an District
Xiamen, China 361101

** Lam Research Service Co., Ltd. (Xiamen)
Room 705A, Qiangye Building
Xiang'an Industrial Park, Xiamen Torch Hi-tech Zone
Xiamen, China 361115

** Lam Research Service Co., Ltd. (Dalian Branch)
Units 01, 02, 13, 10th Floor, Jinma International Building
No. 1 Yongde Street
Dalian, China 116620

Items

Revisions to Lam's Eligible Items

    For all Lam's facilities, this rule limits the authorization for 
ECCNs 2B230, 2B350.c, 2B350.d, 2B350.g, 2B350.h, 2B350.i and 3B001.e to 
items for the installation, warranty maintenance/repair, or 
maintenance/repair service of semiconductor manufacturing equipment 
manufactured by Lam. These end-use limits for eligible items are not 
new. Previously, these limitations were imposed as a condition to the 
authorization given to Lam, rather than specified in the description of 
eligible items set forth in Supplement No. 7 to Part 748.
    This rule also limits the authorization for 3D001 software 
(excluding source code) for all facilities to allow only such software 
that is specially designed for the ``development'' or ``production'' of 
equipment controlled by paragraph .e of ECCN 3B001. A similar 
limitation is made for 3D002 software (excluding source code) for all 
facilities, so that only such software that is specially designed for 
the ``use'' of equipment controlled by paragraph .e of ECCN 3B001 
qualifies as an eligible item. These changes are consistent with the 
fact that 3B001.c no longer appears under Lam's list of Eligible items. 
As a result of a foreign availability determination, BIS removed the 
items under paragraph .c from the CCL with the publication of the 
Wassenaar Arrangement Regime 2015 Implementation Rule on September 20, 
2016 (81 FR 64656). Paragraph .c to 3B001 is now reserved in the CCL. 
The changes made by this rule recognize that paragraph .c of 3B001 no 
longer exists by now limiting the authorization for all Lam facilities 
to certain software related to paragraph .e of 3B001, rather than 
software that relates to all paragraphs of 3B001.
    Lastly, for Lam's ``Warehouse Facilities,'' identified by a single 
asterisk in Supplement No. 7 to part 748, this rule further limits the 
scope of the authorization for items under ECCN 3E001 to 
``development'' ``technology'' according to the General Technology Note 
of a type of equipment classified under paragraph .e of ECCN 3B001. For 
Lam's ``Sales Offices,'' identified by a set of double asterisks in 
Supplement No. 7 to part 748, this rule narrows the scope of eligible 
ECCN 3E001 items to ``development'' ``technology'' or ``production'' 
``technology'' according to the General Technology Note of a type to 
support integration, assembly (mounting), inspection, testing, and 
quality assurance of equipment classified under paragraph .e of ECCN 
3B001. Although the wording of the eligible 3E001 items changed 
slightly in an attempt to improve clarity, this change also reflects 
the removal of paragraph .c of ECCN 3B001 from the Lam list of eligible 
items, consistent with change to the CCL, as described above, by 
limiting the eligible technology to items only associated with 
paragraph .e of ECCN 3B001.
    In summary, Eligible Items both for Lam's ``Warehouse Facilities'' 
and for ``Sales Offices'' will include items classified under ECCNs 
2B230, 2B350.c, 2B350.d, 2B350.g, 2B350.h, 2B350.i, 3B001.e, 3D001, 
3D002, and 3E001, subject to certain very specific limits. The 
difference between what is eligible for export to ``Warehouse 
Facilities,'' identified by a single asterisk in Supplement No. 7 to 
part 748, and what is eligible for export to ``Sales Offices,'' 
identified by two asterisks in Supplement No. 7 part 748, is in the 
limitations placed on eligible ECCN 3E001 technology. As explained 
above, and in the rule text, eligible 3E001 technology for ``Warehouse 
Facilities'' will only include certain ``development'' technology, 
while eligible 3E001 technology for ``Sales Offices'' will include 
certain ``development'' technology and certain ``production'' 
technology.

Export Administration Act of 1979

    Although the Export Administration Act of 1979 expired on August 
20, 2001, the President, through Executive Order 13222 of August 17, 
2001, 3 CFR, 2001

[[Page 48928]]

Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 
2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of 
August 15, 2017, 82 FR 39005 (August 16, 2017), has continued the 
Export Administration Regulations in effect under the International 
Emergency Economic Powers Act. BIS continues to carry out the 
provisions of the Export Administration Act of 1979, as appropriate and 
to the extent permitted by law, pursuant to Executive Order 13222 as 
amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This rule has been determined to be not significant for purposes of 
Executive Order 12866. This rule is not an Executive Order 13771 
regulatory action because this rule is not significant under Executive 
Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This rule involves 
collections previously approved by the Office of Management and Budget 
(OMB) under Control Number 0694-0088, ``Multi-Purpose Application,'' 
which carries a burden hour estimate of 43.8 minutes to prepare and 
submit form BIS-748; and for recordkeeping, reporting and review 
requirements in connection with Authorization VEU, which carries an 
estimated burden of 30 minutes per submission. This rule is expected to 
result in a decrease in license applications submitted to BIS. Total 
burden hours associated with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.) (PRA) and OMB Control Number 0694-0088 are not 
expected to increase significantly as a result of this rule.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(B), BIS finds good cause to waive the otherwise applicable 
requirements that this rule be subject to notice and the opportunity 
for public comment because it is unnecessary. In determining whether to 
grant VEU designations, a committee of U.S. Government agencies 
evaluates information about and commitments made by candidate 
companies, the nature and terms of which are set forth in 15 CFR part 
748, Supplement No. 8. The criteria for evaluation by the committee are 
set forth in 15 CFR 748.15(a)(2). The information, commitments, and 
criteria for this extensive review were all established through the 
notice of proposed rulemaking (71 FR 38313, July 6, 2006), the public 
comment process, and issuance of the final rule establishing 
Authorization VEU (72 FR 33646, June 19, 2007). The publication of this 
rule does not establish new policy. In publishing this final rule, BIS 
amends the authorization for an existing eligible VEU in order to 
update eligible destinations (facilities) and eligible items. This 
change has been made within the established regulatory framework of the 
VEU program. Because the criteria and process for authorizing and 
administering VEUs were developed with public comments, allowing 
additional public comment on this amendment to an existing individual 
VEU authorization, which was determined according to those criteria, is 
unnecessary.
    Publication of this rule in other than final form is unnecessary 
because the amendments made by this rule are consistent with the 
authorizations granted to exporters for individual export licenses (and 
amendments or revisions thereof), which do not undergo public review. 
As with license applications, VEU authorization applications contain 
confidential business information, which is necessary for the extensive 
review conducted by the U.S. Government in assessing such applications. 
This information is extensively reviewed according to the criteria for 
VEU authorizations, as set out in 15 CFR 748.15(a)(2). Just as license 
applications are reviewed through an interagency review process, the 
authorizations granted under the VEU program involve interagency 
deliberation and result from review of public and non-public sources, 
including licensing data, and the measurement of such information 
against the VEU authorization criteria. Given the nature of the review, 
and in light of the parallels between the VEU application review 
process and the review of license applications, public comment on the 
underlying authorization and any subsequent amendments that update the 
authorization prior to publication is unnecessary. Moreover, because, 
as noted above, the criteria and process for authorizing and 
administering VEUs were developed with public comments, allowing 
additional public comment on this amendment to an individual VEU 
authorization, which was determined according to those criteria, is 
unnecessary.
    Section 553(d) of the APA provides that rules generally may not 
take effect earlier than thirty (30) days after they are published in 
the Federal Register. However, BIS finds good cause to waive the 30-day 
delay in effectiveness for this rule pursuant to 5 U.S.C. 553(d)(3) 
because the delay would be contrary to the public interest. With this 
rule, BIS is simply amending the authorization of an existing VEU to 
update the eligible destinations (facilities) and eligible items. The 
amendments to the EAR in this rule are consistent with established 
objectives and parameters administered and enforced by the responsible 
designated departmental representatives to the End-User Review 
Committee. Delaying this action's effectiveness would likely cause 
confusion for the public regarding which items are authorized by the 
U.S. Government to be shipped to which eligible destination (facility), 
thereby undermining the efficacy of the VEU Program. Accordingly, it is 
contrary to the public interest to delay this rule's effectiveness.
    No other law requires that a notice of proposed rulemaking and an 
opportunity for public comment be given for this final rule. Because a 
notice of proposed rulemaking and an opportunity for public comment are 
not required under the APA or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. As a result, no final regulatory flexibility 
analysis is required and none has been prepared.

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

    Accordingly, part 748 of the Export Administration Regulations (15 
CFR parts 730-774) is amended as follows:

[[Page 48929]]

PART 748--[AMENDED]

0
1. The authority citation for part 748 continues to read as follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 
U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., 
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential 
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; 
Notice of November 8, 2016, 81 FR 79379 (November 10, 2016); Notice 
of August 15, 2017, 82 FR 39005 (August 16, 2017).


0
2. Amend Supplement No. 7 to part 748 by revising the entry for ``Lam 
Research Service Co. Ltd.'' in ``China (People's Republic of)'' to read 
as follows:

  Supplement No. 7 to Part 748--Authorization Validated End-User (VEU): List of Validated End-Users, Respective
                   Items Eligible for Export, Reexport and Transfer, and Eligible Destinations
----------------------------------------------------------------------------------------------------------------
                                                  Eligible items       Eligible
        Country           Validated  end-user       (by ECCN)         destination     Federal Register  citation
----------------------------------------------------------------------------------------------------------------
 Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
                                              to Sec.   748.15(c).
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Lam Research Service    These Items        * Lam Research    72 FR 59164, 10/19/07, 74
                         Co., Ltd.               Authorized for     International     FR 19382, 4/29/09.
                                                 those Lam's        Sarl (Lam        77 FR 10953, 2/24/12.
                                                 Destinations       Beijing          77 FR 40258, 7/9/12.
                                                 Identified by a    Warehouse), c/o  82 FR [INSERT PAGE NUMBER],
                                                 single asterisk    Beijing Lam       [INSERT DATE OF
                                                 (*):.              Electronics       PUBLICATION].
                                                2B230, 2B350.c,     Tech Center, 1
                                                 2B350.d,           Building, No.
                                                 2B350.g,           28, Jinghai
                                                 2B350.h,           Second Road,
                                                 2B350.i, and       BDA, Beijing,
                                                 3B001.e (limited   China 100176.
                                                 to installation,  * Lam Research
                                                 warranty           International
                                                 maintenance/       Sarl (Lam
                                                 repair, or         Beijing
                                                 maintenance/       Warehouse), c/o
                                                 repair service     Beijing STE
                                                 of semiconductor   International
                                                 manufacturing      Logistics Co.,
                                                 equipment          Ltd., Building
                                                 manufactured by    3, No. 9 Ke
                                                 Lam, and items     Chuang Er
                                                 classified under   Street Beijing
                                                 ECCN 3B001.e are   Economic &
                                                 limited to         Technological
                                                 specially          Development
                                                 designed           Area, Beijing,
                                                 components and     China 100176.
                                                 accessories),     * Lam Research
                                                 3D001 (limited     International
                                                 to ``software''    Sarl (Lam
                                                 (excluding         Beijing
                                                 source code)       Warehouse), c/o
                                                 specially          China
                                                 designed for the   International
                                                 ``development''    Electronic
                                                 or                 Service
                                                 ``production''     Company, 1
                                                 of equipment       Building, No.
                                                 controlled by      28, Jinghai
                                                 ECCN 3B001.e)),    Second Road,
                                                 3D002 (limited     BDA, Beijing,
                                                 to ``software''    China 100176.
                                                 (excluding        * Lam Research
                                                 source code)       International
                                                 specially          Sarl (Lam
                                                 designed for the   Beijing
                                                 ``use'' of         Warehouse), c/o
                                                 equipment          HMG Hi-Tech
                                                 controlled by      Logistics
                                                 ECCN 3B001.e)),    (Beijing) Co.,
                                                 and 3E001          Ltd., Building
                                                 (limited to        3, No. 9 Ke
                                                 ``development''    Chuang Er
                                                 ``technology''     Street, Beijing
                                                 according to the   Economic &
                                                 General            Technological
                                                 Technology Note    Development
                                                 of a type of       Area, Beijing,
                                                 equipment          China 100176.
                                                 classified under  * Lam Research
                                                 ECCN 3B001.e).     International
                                                                    Sarl (Lam
                                                                    Dalian
                                                                    Warehouse), c/o
                                                                    Liaoning JD
                                                                    Logistics
                                                                    International
                                                                    Co., Ltd.,
                                                                    Dalian Bonded
                                                                    Logistics Port,
                                                                    W5-B8, No. 6,
                                                                    Road #3,
                                                                    Dalian, China
                                                                    116600.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam
                                                                    Dalian
                                                                    Warehouse), c/o
                                                                    Liaoning JD
                                                                    Logistics
                                                                    International
                                                                    Co., Ltd.,
                                                                    Dalian Bonded
                                                                    Logistics Zone
                                                                    No. 1 Public
                                                                    Warehouse
                                                                    Dalian, China
                                                                    116600.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam
                                                                    Shanghai
                                                                    Warehouse), c/o
                                                                    HMG Supply
                                                                    Chain
                                                                    (Shanghai) Co.,
                                                                    Ltd., No. 633,
                                                                    Shangfeng Road,
                                                                    Pudong New
                                                                    District,
                                                                    Shanghai, China
                                                                    201201.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam
                                                                    Shanghai
                                                                    Warehouse), c/o
                                                                    Regal Harmony
                                                                    Logistics Co.,
                                                                    Ltd., No. 799,
                                                                    Yihua Road,
                                                                    Pudong New
                                                                    District,
                                                                    Shanghai, China
                                                                    201299.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam
                                                                    Shanghai
                                                                    Warehouse
                                                                    Operator), c/o
                                                                    Shanghai Well-
                                                                    Win Logistics
                                                                    Co., Ltd., No.
                                                                    2667 Zuchongzhi
                                                                    Road, Pudong
                                                                    New District,
                                                                    Shanghai, China.

[[Page 48930]]

 
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam
                                                                    Shanghai
                                                                    Warehouse; WGQ
                                                                    Bonded
                                                                    Warehouse), c/o
                                                                    HMG Supply
                                                                    Chain
                                                                    (Shanghai) Co.,
                                                                    Ltd., No. 55,
                                                                    Fei La Road,
                                                                    Waigaoqiao Free
                                                                    Trade Zone
                                                                    Pudong New
                                                                    Area, Shanghai,
                                                                    China 200131.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam Wuhan
                                                                    Warehouse), c/o
                                                                    Wuhan HMG
                                                                    Logistics Co.,
                                                                    Ltd., Factory
                                                                    C101/201, 1-2F
                                                                    Building 1,
                                                                    Central China
                                                                    Normal,
                                                                    University Park
                                                                    Road, Wuhan,
                                                                    China 430223.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam Wuxi
                                                                    Warehouse), c/o
                                                                    HMG WHL
                                                                    Logistics
                                                                    (Wuxi) Co.,
                                                                    Ltd., Plot J3-
                                                                    4, No. 5
                                                                    Gaolang East
                                                                    Road, CBZ, New
                                                                    District Wuxi,
                                                                    Wuxi, China
                                                                    214208.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam
                                                                    Xiamen
                                                                    Warehouse), c/o
                                                                    VR Int'l
                                                                    Logistics
                                                                    (Xiamen) Co.,
                                                                    Ltd., C3 Area
                                                                    No. 3
                                                                    Warehouse, No.
                                                                    1007 West
                                                                    Fangshan Road,
                                                                    Bonded
                                                                    Logistics
                                                                    Center (Type B)
                                                                    Xiang'an
                                                                    District,
                                                                    Xiamen, China
                                                                    361101.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Lam Xi'an
                                                                    Warehouse), c/o
                                                                    VR
                                                                    International
                                                                    Logistics
                                                                    (Xi'an) Co.,
                                                                    Ltd., No. 28
                                                                    Information
                                                                    Road, EPZ B
                                                                    Zone, Xi'an New
                                                                    District,
                                                                    Xi'an, China
                                                                    710119.
                                                                   * Lam Research    ...........................
                                                                    International
                                                                    Sarl (Wuxi EPZ
                                                                    Bonded
                                                                    Warehouse), c/o
                                                                    HMG WHL
                                                                    Logistics
                                                                    (Wuxi) Co.,
                                                                    Ltd., 1st
                                                                    Floor, Area 4,
                                                                    No. 1, Plot J3,
                                                                    No. 5 Gaolang
                                                                    East Road,
                                                                    Export
                                                                    Processing
                                                                    Zone, Wuxi,
                                                                    Jiangsu, China
                                                                    214028.
                                                These Items        ** Lam Research
                                                 Authorized for     Service Co.,
                                                 those Lam's        Ltd.
                                                 Destinations       (Shanghai), 1st
                                                 Identified by      Floor, Area C,
                                                 double asterisks   Hua Hong
                                                 (**): 2B230,       Science &
                                                 2B350.c,           Technology
                                                 2B350.d,           Park, 177 Bi Bo
                                                 2B350.g,           Road,
                                                 2B350.h,           Zhangjiang Hi-
                                                 2B350.i, and       Tech Park,
                                                 3B001.e (limited   Pudong New
                                                 to installation,   District,
                                                 warranty           Shanghai, China
                                                 maintenance/       201203.
                                                 repair, or        ** Lam Research
                                                 maintenance/       Service Co.,
                                                 repair service     Ltd. (Xiamen),
                                                 of semiconductor   Room 705A,
                                                 manufacturing      Qiangye
                                                 equipment          Building,
                                                 manufactured by    Xiang'an
                                                 Lam, and items     Industrial
                                                 classified under   Park, Xiamen
                                                 ECCN 3B001.e are   Torch Hi-tech
                                                 limited to         Zone, Xiamen,
                                                 specially          China 361115.
                                                 designed          ** Lam Research
                                                 components and     Service Co.,
                                                 accessories),      Ltd. (Beijing
                                                 3D001 (limited     Branch), 6th
                                                 to ``software''    Floor, Building
                                                 (excluding         52, No. 2,
                                                 source code)       Jingyuan North
                                                 specially          Street, Beijing
                                                 designed for the   Economic &
                                                 ``development''    Technological
                                                 or                 Development
                                                 ``production''     Area, Beijing,
                                                 of equipment       China 100176.
                                                 controlled by     ** Lam Research
                                                 ECCN 3B001.e)),    Service Co.,
                                                 3D002 (limited     Ltd. (Dalian
                                                 to ``software''    Branch), Units
                                                 (excluding         01, 02, 13,
                                                 source code)       10th Floor,
                                                 specially          Jinma
                                                 designed for the   International
                                                 ``use'' of         Building, No. 1
                                                 equipment          Yongde Street,
                                                 controlled by      Dalian, China
                                                 ECCN 3B001.e)),    116620.
                                                 and 3E001         ** Lam Research
                                                 (limited to        Service Co.,
                                                 ``development''    Ltd. (Lam
                                                 ``technology''     Dalian
                                                 or                 Representative
                                                 ``production''     Office), c/o
                                                 ``technology''     Intel
                                                 according to the   Semiconductor
                                                 General            (Dalian) Ltd.,
                                                 Technology Note    No. 109 Huaihe
                                                 of a type to       Road East,
                                                 support            Dalian Economic
                                                 integration,       & Technical
                                                 assembly           Development
                                                 (mounting),        Area, Dalian,
                                                 inspection,        China 116600.
                                                 testing, and
                                                 quality
                                                 assurance of
                                                 equipment
                                                 classified under
                                                 ECCN 3B001.e)).

[[Page 48931]]

 
                                                                   ** Lam Research
                                                                    Service Co.,
                                                                    Ltd. (Wuhan
                                                                    Representative
                                                                    Office), Room
                                                                    302, Guanggu
                                                                    Software Park
                                                                    Building E4,
                                                                    No. 1 Guanshan
                                                                    Road, Wuhan,
                                                                    Hubei Province,
                                                                    China 430074.
                                                                   ** Lam Research
                                                                    Service Co.,
                                                                    Ltd. (Wuxi
                                                                    Branch), Room
                                                                    302, Building
                                                                    6, Singapore
                                                                    International
                                                                    Park, No. 89
                                                                    Xing Chuang Si
                                                                    Road, Wuxi New
                                                                    District, Wuxi,
                                                                    Jiangsu, China
                                                                    214028.
                                                                   ** Lam Research
                                                                    Service
                                                                    (Shanghai) Co.,
                                                                    Ltd. (Xi'an
                                                                    Branch), Room
                                                                    602, Building
                                                                    G, Wangzuo
                                                                    Xiandai City,
                                                                    35 Tangyan
                                                                    Road, Gaoxin
                                                                    District,
                                                                    Xi'an, China
                                                                    710065.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: October 11, 2017.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2017-22649 Filed 10-20-17; 8:45 am]
 BILLING CODE 3510-33-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective October 23, 2017.
ContactChair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, U.S. Department of Commerce, Phone: 202-482- 5991; Email: [email protected]
FR Citation82 FR 48925 
RIN Number0694-AH40
CFR AssociatedAdministrative Practice and Procedure; Exports and Reporting and Recordkeeping Requirements

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