6134 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT— 

Continued 

[12/9/2008 through 1/31/2009] 

Firm Address Date accepted 

for filing Products 

McBain Instruments, LP 2665 Park Center Drive, Simi Valley, CA 93065 12/30/2008 Microscopy measuring systems to customer 

specifications. Production consists of engineering design, software programming, component 

assembly, testing and delivery. 

AirFlo Cooling Technologies, LLC.728 S. Wheeling Ave., Tulsa, OK 74104 ............. 12/10/2008 Fans and blowers. 

Engineered Plastic Products Corporation.2542 Pratt Boulevard, Elk Grove, IL 60007 ......... 12/12/2008 Custom plastic parts and manifolds and plastic 

turning, plastic milling, and plastic screw machining. 

Systematix Controls, Inc 670 Industry Drive, Box, Tukwila, WA 98188 ...... 1/8/2009 Kappa analyzers and their parts, used in the recovery area of pulp and paper mills. 

Solar Innovations, Inc .... 234 E. Rosebud Road, Myerstown, PA 17067 .... 1/9/2009 Doors, windows, skylights, aluminum sunrooms, 

folding walls, and greenhouses. 

Kingfisher Kookers ........ 201 N 13th Street, Kingfisher, OK 73750 ............ 1/7/2009 Food smokers, barbeques, and gas grills. 

Eglomise Designs, Inc ... 4 Antietam Street, Devens, MA 01434 ................ 12/30/2008 Mirrors, pictures, paperweights, desk boxes, 

photo frames, desk clocks and stationary. 

Any party having a substantial 

interest in these proceedings may 

request a public hearing on the matter. 

A written request for a hearing must be 

submitted to the Office of Performance 

Evaluation, Room 7009, Economic 

Development Administration, U.S. 

Department of Commerce, Washington, 

DC 20230, no later than ten (10) 

calendar days following publication of 

this notice. Please follow the procedures 

set forth in Section 315.9 of EDA’s final 

rule (71 FR 56704) for procedures for 

requesting a public hearing. The Catalog 

of Federal Domestic Assistance official 

program number and title of the 

program under which these petitions are 

submitted is 11.313, Trade Adjustment 

Assistance. 

Dated: January 30, 2009. 

William P. Kittredge, 

Program Officer for TAA. 

[FR Doc. E9–2445 Filed 2–4–09; 8:45 am] 

BILLING CODE 3510–24–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 2–2009] 

Foreign-Trade Zone 122—Corpus 

Christi, TX; Request for Manufacturing 

Authority; Excalibar Minerals, LLC 

An application has been submitted to 

the Foreign-Trade Zones (FTZ) Board 

(the Board) by the Port of Corpus Christi 

authority, grantee of FTZ 122, 

requesting authority on behalf of 

Excalibar Minerals, LLC (Excalibar) to 

perform barite milling under FTZ 

procedures within FTZ 122. The 

application was submitted pursuant to 

the provisions of the Foreign-Trade 

Zones Act, as amended (19 U.S.C. 81a– 

81u), and the regulations of the Board 

(15 CFR part 400). It was formally filed 

on January 29, 2009. 

Excalibar has also applied for 

temporary/interim manufacturing 

authority at the Corpus Christi facility. 

The application was formally filed on 

November 20, 2008 (Docket T–5–2008, 

73 FR 73242, 12/2/08). 

The Excalibar facility (14 employees) 

is located at 3202 E. Navigation 

Boulevard in Corpus Christi, Texas 

(within Site 1). Under FTZ procedures, 

Excalibar would produce up to 175,000 

tons of ground barite (HTSUS 

2511.10.10) annually, primarily for the 

U.S. market. The foreign component 

that would be used in production 

(representing approximately 95 percent 

of total material inputs) is raw barite 

(HTSUS 2511.10.50), dutiable at $1.25 

per metric ton. 

FTZ procedures could exempt 

Excalibar from customs duty payments 

on the foreign component used in 

export production (less than 1 percent 

of shipments). On domestic sales, 

Excalibar would be able to choose the 

duty rate that applies to the finished 

product (duty-free) for the foreign input 

noted above that has a higher duty rate. 

The company may also realize certain 

logistical/procedural savings as well as 

savings on materials that become scrap/ 

waste during manufacturing. 

In accordance with the Board’s 

regulations, Christopher Kemp of the 

FTZ staff is designated examiner to 

investigate the application and report to 

the Board. 

Public comment is invited from 

interested parties. Submissions (original 

and 3 copies) shall be addressed to the 

Board’s Executive Secretary at the 

address listed below. The closing period 

for their receipt is April 6, 2009. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period to April 21, 

2009. 

A copy of the application will be 

available for public inspection at the 

Office of the Executive Secretary, 

Foreign-Trade Zones Board, Room 2111, 

U.S. Department of Commerce, 1401 

Constitution Avenue, NW., Washington, 

DC 20230–0002, and in the ‘‘Reading 

Room’’ section of the Board’s Web site, 

which is accessible via http:// 

www.trade.gov/ftz. For further 

information, contact Christopher Kemp 

at christopher_kemp@ita.doc.gov or 

(202) 482–0862. 

Dated: January 29, 2009. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–2480 Filed 2–4–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges: 

Theresa Huei-Min Chang 

In the Matter of: Theresa Huei-Min Chang, 

11816 Pine Brook Court, Cupertino, 

California 95014 Respondent. 

Order Relating to Theresa Huei-Min 

Chang 

The Bureau of Industry and Security, 

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

has notified Theresa Huei-Min Chang 

(hereinafter referred to as ‘‘Chang’’), of 


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Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 6135 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2008). The charged violation occurred in 2003 

through 2006. The Regulations governing the 

violation 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. section 240 1–2420 (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)). 

its intention to initiate an administrative 

proceeding against her 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 proposed charging letter to Chang 

that alleged that she committed three 

violations of the Regulations. 

Specifically, these 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, Chang 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, 1C230, 

1C231, 1C234, 1C240, 1C350, and 

3A201, could be exported from the 

United States to Taiwan. In furtherance 

of the conspiracy, the conspirators, 

including Chang, participated in a 

scheme in which a Taiwan company 

requested that an affiliated U.S. 

company, managed by Chang, procure 

specific items from U.S. suppliers and 

export them to Taiwan. The Taiwan 

company 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, Chang committed one 

violation of Section 764.2(d) of the 

Regulations. 

Charge 2: 15 CFR 764.2(e)—Acting With 

Knowledge of a Violation 

On one occasion, on or about October 

29, 2005, Chang ordered, bought, stored, 

sold, and forwarded nickel powder, an 

item that is subject to the Regulations 

and classified under ECCN 1 C240, with 

knowledge that a violation of the 

Regulations was occurring. Specifically, 

Chang ordered, bought, stored, sold, and 

forwarded ten kilograms of nickel 

powder with a value of approximately 

$551.00. Chang had knowledge that said 

item required a license for export to 

Taiwan and that it was being exported 

without the required license because 

Chang had been told by an employee of 

her company that an export of nickel 

powder to Taiwan required a license. In 

doing so, Chang committed one 

violation of Section 764.2(e) of the 

Regulations. 

Charge 3: 15 CFR 764.2(g)— 

Misrepresentation or Concealment of 

Facts 

On or about May 26, 2006, Chang 

made a false or misleading statement to 

officials of the U.S. Government in the 

course of an investigation subject to the 

Regulations. Specifically, in the course 

of an interview conducted by Special 

Agents of BIS’s Office of Export 

Enforcement regarding unlicensed 

exports to Taiwan, Chang stated that, 

other than receiving payments for rent, 

she did not receive compensation from 

the Taiwanese company Gredmann/ 

Well Being Enterprise Co., Ltd. (‘‘Well 

Being’’) for running Elecmat, a U.S. 

company, and that she ran Elecmat as a 

‘‘favor.’’ This statement was false or 

misleading, as Chang knew that Well 

Being transferred approximately $6,500 

per month into a United Commercial 

Bank account held in the name of 

Chang’s brother, over which account 

Chang exercised complete control, 

which funds represented compensation 

for Chang’s management of Elecmat. In 

so doing, Chang committed one 

violation of Section 764.2(g) of the 

Regulations. 

Whereas, BIS and Chang 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, that for a period of two years 

from the date of entry of this Order, 

Theresa Huei-Min Chang, (‘‘Chang’’), 

her representatives, assigns, or agents 

(‘‘Denied Person’’) 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. ito 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. 

Second, 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 


rwilkins on PROD1PC63 with NOTICES
6136 Federal Register / Vol. 74, No. 23 / Thursday, February 5, 2009 / Notices 

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. 

Third, 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 Chang 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. 

Fourth, that the proposed charging 

letter, the Settlement Agreement, and 

this Order shall be made available to the 

public. 

Fifth, 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 28th day of January 2009. 

Kevin Delli-Colli, 

Acting Assistant Secretary for Export 

Enforcement. 

[FR Doc. E9–2319 Filed 2–4–09; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–549–817] 

Certain Hot–Rolled Carbon Steel Flat 

Products from Thailand: Correction to 

Preliminary Results of Changed 

Circumstances Review and Intent To 

Reinstate Sahaviriya Steel Industries 

Public Company Limited in the 

Antidumping Duty Order 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: December 30, 2008. 

FOR FURTHER INFORMATION CONTACT: John 

Drury or Angelica Mendoza, AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW, Washington, DC 20230; 

telephone: (202) 482–0195 or (202) 482– 

3019, respectively. 

SUPPLEMENTARY INFORMATION: 

Correction 

On December 30, 2008, the 

Department of Commerce (‘‘the 

Department’’) published a notice of 

preliminary results of the changed 

circumstances review of the 

antidumping duty order on certain hot– 

rolled carbon steel flat products from 

Thailand. See Certain Hot–Rolled 

Carbon Steel Flat Products from 

Thailand: Preliminary Results of 

Changed Circumstances Review and 

Intent To Reinstate Sahaviriya Steel 

Industries Public Company Limited in 

the Antidumping Duty Order, 73 FR 

79809 (December 30, 2008) 

(‘‘Preliminary Results’’). Subsequent to 

the publication of the Preliminary 

Results in the Federal Register, we 

identified an inadvertent error. 

The Preliminary Results notice is 

internally inconsistent. The Preliminary 

Results correctly state that the 

Department preliminarily determined a 

weighted–average dumping margin of 

9.05 percent covering Sahaviriya Steel 

Industries Public Company Limited 

(‘‘SSI’’) during the period July 1, 2006, 

through June 30, 2007, but then 

incorrectly state that a cash–deposit 

requirement of 6.42 percent will be in 

effect for all shipments of the subject 

merchandise manufactured and 

exported by SSI entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date of the 

Preliminary Results. See Preliminary 

Results, 73 FR at 79814. To resolve this 

discrepancy and prevent confusion, the 

Preliminary Results notice is hereby 

corrected to read that a cash–deposit 

requirement of 9.05 percent will be in 

effect for all shipments of the subject 

merchandise manufactured and 

exported by SSI entered, or withdrawn 

from warehouse, for consumption on or 

after the publication date of the 

Preliminary Results. Accordingly, the 

Department will instruct U.S. Customs 

and Border Protection to suspend 

liquidation of all entries of subject 

merchandise manufactured and 

exported by SSI entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of the 

Preliminary Results at a rate of 9.05 

percent. 

This notice is published in 

accordance with section 777(i) of the 

Tariff Act of 1930, as amended. 

Dated: January 30, 2009. 

John M. Andersen, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. E9–2477 Filed 2–4–09; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–583–833] 

Certain Polyester Staple Fiber From 

Taiwan: Preliminary Results of 

Antidumping Duty Administrative 

Review. 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

is conducting an administrative review 

of the antidumping duty order on 

certain polyester staple fiber from 

Taiwan. The period of review (POR) is 

May 1, 2007 through April 30, 2008. 

This review covers imports of certain 

polyester staple fiber from one 

producer/exporter. We have 

preliminarily found that sales of the 

subject merchandise have been made 

below normal value. If these 

preliminary results are adopted in our 

final results, we will instruct U.S. 

Customs and Border Protection (CBP) to 

assess antidumping duties on all 

appropriate entries. Interested parties 

are invited to comment on these 

preliminary results. Parties who submit 

comments in this review are requested 

to submit with each argument (1) a 

statement of the issue and (2) a brief 

summary of the argument. We will issue 

the final results not later than 120 days 

after the date of publication of this 

notice. 


rwilkins on PROD1PC63 with NOTICES