Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 5815 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2008). The charged violations occurred in 2003 

through 2006. The Regulations governing the 

violations at issue are found in the 2003 through 

2006 versions of the Code of Federal Regulations 

(15 CFR parts 730–774 (2003–2006)). The 2008 

Regulations govern the procedural aspects of this 

case. 

2 50 U.S.C. app. §§ 2401–2420 (2000). Since 

August 21, 2001, the Act has been in lapse and the 

President, through Executive Order 13222 of August 

17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which 

has been extended by successive Presidential 

Notices, the most recent being that of July 23, 2008 

(73 FR 43,603 (July 25, 2008)), has continued the 

Regulations in effect under the International 

Emergency Economic Powers Act (50 U.S.C. 1701– 

1706 (2000)). 

made subject to the provisions of the 

Order. 

Fourth, that the charging letter, 

amended charging letter, the Settlement 

Agreement, and this Order, and the 

record of the cases as defined by Section 

766.20 of the Regulations shall be made 

available to the public. 

Fifth, that the Administrative Law 

Judge shall be notified that this case is 

withdrawn from adjudication. 

Sixth, that this Order shall be served 

on the Denied Person and on BIS, and 

shall be published in the Federal 

Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately. 

Dated: Entered this 26th day of January, 

2009. 

Kevin Delli-Colli, 

Acting Assistant Secretary for Export 

Enforcement. 

[FR Doc. E9–2169 Filed 1–30–09; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[08–BIS–0008] 

Action Affecting Export Privileges; 

Well Being Enterprise Co., Ltd.; In the 

Matter of: Well Being Enterprise Co., 

Ltd. 9 F, No. 170 Min Chuan E. Rd., 

Sec. 3 Taipei 10542 Taiwan 

Respondent; Order Relating to Well 

Being Enterprise Co., Ltd. 

The Bureau of Industry and Security, 

U.S. Department of Commerce (‘‘BIS’’) 

has initiated an administrative 

proceeding against Well Being 

Enterprise Co., Ltd. (hereinafter referred 

to as ‘‘Well Being’’) pursuant to Section 

766.3 of the Export Administration 

Regulations (‘‘Regulations’’) 1 and 

Section 13(c) of the Export 

Administration Act of 1979, as amended 

(‘‘Act’’),2 through issuance of a charging 

letter to Well Being that alleged that 

Well Being committed 25 violations of 

the Regulations. Specifically, the 

charges are: 

Charge 1 15 CFR 764.2(d)—Conspiracy 

to Export Items from the United States 

to Taiwan without the Required License 

Beginning in or about 2003 and 

continuing through on or about July 29, 

2006, Well Being conspired and acted in 

concert with others, known and 

unknown, to violate the Regulations and 

to bring about an act that constitutes a 

violation of the Regulations. The 

purpose of the conspiracy was to export 

items from the United States to Taiwan 

without the required U.S. Government 

authorization. Pursuant to Sections 

742.2 or 742.3 of the Regulations, 

authorization was required from the 

Department of Commerce before certain 

chemicals, metals, and electronic 

components, items subject to the 

Regulations and classified under Export 

Control Classification Numbers 

(‘‘ECCNs’’) 1C227, 1C299, 1C231, 

1C234, 1C240, and 1C350, could be 

exported from the United States to 

Taiwan. In furtherance of the 

conspiracy, the conspirators, including 

Well Being, participated in a scheme in 

which Well Being requested that an 

affiliated U.S. company procure specific 

items from U.S. suppliers and export 

them to Taiwan. Well Being instructed 

the affiliated U.S. company not to tell 

U.S. suppliers that the affiliated U.S. 

company would export the items. 

Pursuant to this instruction, the 

affiliated U.S. company procured the 

items and exported them to Taiwan 

without the required license. In so 

doing, Well Being committed one 

violation of Section 764.2(d) of the 

Regulations. 

Charge 2 15 CFR 764.2(h)—Evasion 

On or about October 20, 2005, Well 

Being engaged in a transaction or took 

other action with intent to evade the 

provisions of the Regulations. 

Specifically, Well-Being provided 

electronic instruction to an affiliated 

U.S. company stating that the affiliated 

U.S. company should not use its correct 

name when placing an order for nickel 

powder with a specific U.S. supplier 

because Well Being thought that the 

U.S. supplier knew that there was a 

relationship between Well Being and 

the affiliated U.S. company. Well Being 

conveyed this instruction to the 

affiliated U.S. company for the purpose 

of obtaining the nickel powder, which 

was subject to the Regulations and 

classified under ECCN 1C240, without 

obtaining the required U.S. government 

authorization. In so doing, Well Being 

committed one violation of Section 

764.2(h) of the Regulations. 

Charges 3–24 15 CFR 764.2(b): 

Commanding and/or Inducing an Act 

Prohibited by the Regulations 

On 22 occasions between on or about 

August 13, 2003 and on or about May 

13, 2006, Well Being commanded or 

induced the doing of an act prohibited 

by the Regulations by instructing an 

affiliated U.S. company to procure and 

export to Taiwan certain chemicals, 

metals, and electronic components, 

items subject to the Regulations and 

classified under ECCNs 1C227, 1C299, 

1C231, 1C234, and 1C240, without the 

Department of Commerce licenses 

required by Section 742.3 of the 

Regulations. Specifically, Well Being 

instructed an affiliated U.S. company, 

whose sole officer was also the 

president of Well Being, to procure 

items for Well Being and export them to 

Well Being in Taiwan. In so doing, Well 

Being committed 22 violations of 

Section 764.2(b) of the Regulations. 

Charge 25 15 CFR 764.2(b): 

Commanding and/or Inducing an Act 

Prohibited by the Regulations 

On one occasion on or about April 15, 

2006, Well Being commanded or 

induced the doing of an act prohibited 

by the Regulations by instructing an 

affiliated U.S. company to procure and 

export to Taiwan sodium fluoride, an 

item subject to the Regulations and 

classified under ECCN 1C350, without 

the Department of Commerce license 

required by Section 742.2 of the 

Regulations. Specifically, Well Being 

instructed an affiliated U.S. company, 

whose sole officer was also the 

president of Well Being, to procure 

sodium fluoride for Well Being and 

export it to Well Being in Taiwan. In so 

doing, Well Being committed one 

violation of Section 764.2(b) of the 

Regulations. 

Whereas, BIS and Well Being have 

entered into a Settlement Agreement 

pursuant to Section 766.18(b) 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, that a civil penalty of $250,000 

is assessed against Well Being. Well 

Being shall pay $30,000 to the U.S. 

Department of Commerce within 30 

days of from the date of entry of this 

Order. Payment shall be made in the 

manner specified in the attached 

instructions. Payment of the remaining 

$220,000 shall be suspended for a 


dwashington3 on PROD1PC60 with NOTICES
5816 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Notices 

period of five years from the date of 

entry of this Order and thereafter shall 

be waived, provided that during the 

period of suspension, Well Being has 

committed no violation of the Act, or 

any regulation, order, or license issued 

thereunder and has made the payment 

of $30,000, described above, in a timely 

manner. Additionally: 

A. The timely payment of the civil 

penalty set forth above is hereby made 

a condition to the granting, restoration, 

or continuing validity of any export 

license, license exception, permission, 

or privilege granted, or to be granted, to 

Well Being. Accordingly, if Well Being 

should fail to pay the civil penalty in a 

timely manner, the undersigned may 

enter an Order denying all of Well 

Being’s export privileges for a period of 

five years from the date of entry of this 

Order. 

Second, that for a period of twenty 

years from the date of entry of this 

Order, Well Being Enterprise Co., Ltd., 

9 F, No. 170 Min Chuan E. Rd., Sec. 3, 

Taipei 10542, Taiwan, (‘‘Well Being’’), 

its successors or assigns, and, when 

acting for or on behalf of Well Being, its 

officers, representatives, agents or 

employees (‘‘Denied Person(s)’’) may 

not participate, directly or indirectly, 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 and listed on the Commerce 

Control List, set forth in Supplement 

No. 1 to 15 CFR part 774, or in any other 

activity subject to the Regulations that 

involves an item listed on the 

Commerce Control List, including, but 

not limited to: 

A. Applying for, obtaining, or using 

any license, License Exception, or 

export control document that involves 

an item that is subject to the Regulations 

and listed on the Commerce Control 

List; 

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 and listed on 

the Commerce Control List, or in any 

other activity subject to the Regulations 

that involves an item listed on the 

Commerce Control List; or 

C. Benefiting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the Regulations and 

listed on the Commerce Control List, or 

in any other activity subject to the 

Regulations that involves an item listed 

on the Commerce Control List. 

Third, that no person may, directly or 

indirectly, do any of the actions 

described below with respect to an item 

that is subject to the Regulations and 

listed on the Commerce Control List that 

has been, will be, or is intended to be 

exported or reexported from the United 

States: 

A. Export or reexport to or on behalf 

of a Denied Person any item subject to 

the Regulations and listed on the 

Commerce Control List; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

a Denied Person of the ownership, 

possession, or control of any item 

subject to the Regulations and listed on 

the Commerce Control List that has been 

or will be exported from the United 

States, including financing or other 

support activities related to a 

transaction whereby a Denied Person 

acquires or attempts to acquire such 

ownership, possession or control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from a Denied Person of any 

item subject to the Regulations and 

listed on the Commerce Control List that 

has been exported from the United 

States; 

D. Obtain from a Denied Person in the 

United States any item subject to the 

Regulations and listed on the Commerce 

Control List 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 and 

listed on the Commerce Control List that 

has been or will be exported from the 

United States and that is owned, 

possessed or controlled by a Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by a Denied Person if such 

service involves the use of any item 

subject to the Regulations and listed on 

the Commerce Control List that has been 

or will be exported from the United 

States. For purposes of this paragraph, 

servicing means installation, 

maintenance, repair, modification or 

testing. 

Fourth, that, after notice and 

opportunity for comment as provided in 

Section 766.23 of the Regulations, any 

person, firm, corporation, or business 

organization related to Well Being 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 the 

Order. 

Fifth, that the charging letter, 

amended charging letter, the Settlement 

Agreement, and this Order, and the 

record of the cases as defined by Section 

766.20 of the Regulations shall be made 

available to the public. 

Sixth, that the Administrative Law 

Judge shall be notified that this case is 

withdrawn from adjudication. 

Seventh, that this Order shall be 

served on the Denied Person and on 

BIS, and shall be published in the 

Federal Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately. 

Entered this 26th day of January, 2009. 

Kevin Delli-Colli, 

Acting Assistant Secretary for Export 

Enforcement. 

[FR Doc. E9–2168 Filed 1–30–09; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Advance Notification of 

Sunset Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

Background 

Every five years, pursuant to section 

751(c) of the Tariff Act of 1930, as 

amended (‘‘the Act’’), the Department of 

Commerce (‘‘the Department’’) and the 

International Trade Commission 

automatically initiate and conduct a 

review to determine whether revocation 

of a countervailing or antidumping duty 

order or termination of an investigation 

suspended under section 704 or 734 of 

the Act would be likely to lead to 

continuation or recurrence of dumping 

or a countervailable subsidy (as the case 

may be) and of material injury. 

FOR FURTHER INFORMATION CONTACT: 

Dana Mermelstein, AD/CVD Operations, 

Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone (202) 482–1391. 

Upcoming Sunset Reviews for March 

2009 

There are no Sunset Reviews 

scheduled for initiation in March 2009. 

For information on the Department’s 

procedures for the conduct of sunset 

reviews, See 19 CFR 351.218. This 

notice is not required by statute but is 

published as a service to the 

international trading community. 

Guidance on methodological or 


dwashington3 on PROD1PC60 with NOTICES