13082 Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Notices 

1Since 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)), 

as extended by the Notice of August 3, 2006 (71 FR 

44551, Aug. 7, 2006), has continued the Regulations 

in effect under the International Emergency 

Economic Powers Act (50 U.S.C. 1701–1706 (2000)) 

(‘‘IEEPA’’). 

2The Regulations are currently codified at 15 CFR 

Parts 730–774 (2006). 

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 February 28, 2007. 

Subzone 183B (1,348 employees) was 

approved by the Board in 2005 for the 

manufacture of semiconductor memory 

devices for export (Board Order 1421, 70 

FR 72293, 12/2/05). The subzone 

consists of three sites (192.1 acres total; 

876,453 sq. ft. of enclosed space): Site 

1--Samsung Austin Semiconductor 

facilities (186.1 acres; 764,453 sq. ft.)-- 

located at 12100 Samsung Boulevard in 

Austin, Texas; Site 2--HISCO facilities 

(4.1 acres; 62,000 sq. ft.)--located at 8330 

Cross Park Drive in Austin; and Site 3- 

-Three Way Inc. facilities (1.9 acres; 

50,000 sq. ft.)--located at 4009 

Commercial Center Drive in Austin. 

The current request involves an 

increase in capacity due to the 

construction of a new fabrication unit 

within Site 1 that will add 1,621,482 

square feet of enclosed space. No 

additional finished products have been 

requested; however, Samsung is seeking 

to add certain gases used in the 

manufacturing process to its scope of 

authority. The gases that may be 

sourced from abroad include: methane, 

xenon, tetrachlorosilane, boron 

trichloride/nitrogen, methyl floride, 

aluminum borohydride trimethylamine 

and tetrakis (ethylmethylamido) 

zirconium (HTS 2711.29, 2804.29, 

2812.10, 2903.03, 2921.11 and 2931.00, 

duty rate ranges from 3.7–5.5%). The 

company is requesting export only 

authority for the expanded capacity and 

additional inputs, and the scope 

otherwise would remain unchanged. 

Zone procedures for the expanded 

facilities and inputs would exempt 

Samsung from customs duty payments 

on the foreign components used in 

export production. Currently, foreign 

inputs account for approximately 7 

percent of the value of the finished 

semiconductor memory devices. 

Samsung would also be able to avoid 

duty on foreign inputs that become 

scrap/waste. Samsung may also realize 

logistical/procedural and other benefits 

from subzone status. The application 

indicates that the savings from zone 

procedures help improve the plant’s 

international competitiveness. 

In accordance with the Board’s 

regulations, a member of the FTZ staff 

has been appointed 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 below. The closing period for 

their receipt is May 21, 2007. Rebuttal 

comments in response to material 

submitted during the foregoing period 

may be submitted during the subsequent 

15-day period to June 4, 2007. 

A copy of the application and 

accompanying exhibits will be available 

for public inspection at each of the 

following locations: 

U.S. Department of Commerce Export 

Assistance Center, 221 E. 11th St., 4th 

Floor, Austin, Texas 78701. 

Office of the Executive Secretary, 

Foreign–Trade Zones Board, U.S. 

Department of Commerce, Room 2814B, 

1401 Constitution Ave., NW, 

Washington, DC 20230. 

For further information, contact 

Elizabeth Whiteman at 

ElizabethlWhiteman@ita.doc.gov or 

(202) 482–0473. 

Dated: February 28, 2007. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E7–5067 Filed 3–19–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Fiber Materials, Inc. 

In the Matter of: Fiber Materials, Inc., 

5 Morin Street, Biddeford, ME 04005, 

Respondent; Order Denying Export 

Privileges 

A. Denial of Export Privileges of Fiber 

Materials, Inc. 

On November 18, 2005, in the U.S. 

District Court in the District of 

Massachusetts, Fiber Materials, Inc. 

(‘‘FMI’’) was convicted of violating the 

Export Administration Act of 1979, as 

amended (currently codified at 50 

U.S.C. app. 2401–2420 (2000)) (the 

‘‘Act’’). 1 Specifically, FMI was 

convicted of knowingly exporting and 

causing to be exported from the United 

States to India, a controlled commodity, 

to wit, a component, accessory and 

controls for an isostatic press, that is, a 

control panel which consisted of, among 

other things, an operating control 

cabinet, a power/pressure control 

cabinet, and digital controllers and 

recorder, without having first obtained 

the required export license from the 

U.S. Department of Commerce. 

In addition to the violation of the Act, 

the FMI was convicted of conspiring to 

violate the Act in violation of 18 U.S.C. 

371 (2000). FMI was ordered to pay a 

fine of $250,000. 

Section 11(h) of the Act and Section 

766.25 of the Export Administration 

Regulations (‘‘Regulations’’) 2 provide, 

in pertinent part, that ‘‘[t]he Director of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny export 

privileges of any person who has been 

convicted of a violation of * * * Act,’’

for a period not to exceed 10 years from 

the date of conviction. 15 CFR 766.25(a) 

and (d). In addition, Section 750.8 of the 

Regulations states that BIS’s Office of 

Exporter Services may revoke any BIS 

licenses previously issued in which the 

person had an interest in at the time of 

his conviction. 

I have received notice of the FMI’s 

conviction for violating the Act, and I, 

following consultations with the Export 

Enforcement, including the Director, 

Office of Export Enforcement, have 

decided to deny the FMI’s export 

privileges under the Regulations for a 

period of 10 years from the date of its 

conviction. Due to exceptional 

circumstances, this Order is being 

issued without prior notice or 

opportunity to respond. 

Accordingly, it is hereby 

Ordered 

I. Until November 18, 2015, Fiber 

Materials, Inc., 5 Morin Street, 

Biddeford, ME 04005, its successors or 

assigns, and when acting for or on 

behalf of FMI, its officers, 

representatives, agents, or employees 

(‘‘Denied Person’’) may not, directly or 

indirectly, participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the 

Regulations, or in any other activity 

subject to the Regulations, including, 

but not limited to: 

A. Applying for, obtaining, or using 

any license, License Exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the Regulations, or in any 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 53 / Tuesday, March 20, 2007 / Notices 13083 

1Since 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)), 

as extended by the Notice of August 3, 2006 (71 FR 

44551, Aug. 7, 2006), has continued the Regulations 

in effect under the International Emergency 

Economic Powers Act (50 U.S.C. 1701–1706 (2000)) 

(‘‘IEEPA’’). 

2The Regulations are currently codified at 15 CFR 

Parts 730–774 (2006). 

other activity subject to the Regulations; 

or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the Regulations, or in 

any other activity subject to the 

Regulations. 

II. No person may, directly or 

indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Denied Person any item subject to 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Denied Person of the ownership, 

possession, or control of any item 

subject to the Regulations that has been 

or will be exported from the United 

States, including financing or other 

support activities related to a 

transaction whereby the Denied Person 

acquires or attempts to acquire such 

ownership, possession or control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from the Denied Person of 

any item subject to the Regulations that 

has been exported from the United 

States; 

D. Obtain from the Denied Person in 

the United States any item subject to the 

Regulations with knowledge or reason 

to know that the item will be, or is 

intended to be, exported from the 

United States; or 

E. Engage in any transaction to service 

any item subject to the Regulations that 

has been or will be exported from the 

United States and which is owned, 

possessed or controlled by the Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by the Denied Person if such 

service involves the use of any item 

subject to the Regulations that has been 

or will be exported from the United 

States. For purposes of this paragraph, 

servicing means installation, 

maintenance, repair, modification or 

testing. 

III. After notice and opportunity for 

comment as provided in § 766.23 of the 

Regulations, any other person, firm, 

corporation, or business organization 

related to FMI by affiliation, ownership, 

control, or position of responsibility in 

the conduct of trade or related services 

may also be made subject to the 

provisions of this Order. 

IV. This Order does not prohibit any 

export, reexport, or other transaction 

subject to the Regulations where the 

only items involved that are subject to 

the Regulations are the foreignproduced direct product of U.S.-origin 

technology. 

V. This Order is effective immediately 

and shall remain in effect until 

November 18, 2015. 

VI. In accordance with part 756 of the 

Regulations, FMI may file an appeal of 

this Order with the Under Secretary of 

Commerce for Industry and Security. 

The appeal must be filed within 45 days 

from the date of this Order and must 

comply with the provisions of part 756 

of the Regulations. 

VII. A copy of this Order shall be 

delivered to FMI. This Order shall be 

published in the Federal Register. 

Dated: March 12, 2007. 

Eileen M. Albanese, 

Director, Office of Exporter Services. 

[FR Doc. 07–1337 Filed 3–19–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Walter L. Lachman 

In the Matter of: Walter L. Lachman, 

1159 Old Marlboro Road, Concord, MA 

01742, Respondent; Order Denying 

Export Privileges 

A. Denial of Export Privileges of Walter 

L. Lachman 

On November 18, 2005, in the U.S. 

District Court in the District of 

Massachusetts, Walter L. Lachman 

(‘‘Lachman’’) was convicted of violating 

the Export Administration Act of 1979, 

as amended (currently codified at 50 

U.S.C. app. 2401–2420 (2000)) (the 

‘‘Act’’).1 Specifically, Lachman was 

convicted of knowingly exporting and 

causing to be exported from the United 

States to India, a controlled commodity, 

to wit, a component, accessory and 

controls for an isostatic press, that is, a 

control panel which consisted of, among 

other things, an operating control 

cabinet, a power/pressure control 

cabinet, and digital controllers and 

recorder, without having first obtained 

the required export license from the 

U.S. Department of Commerce. 

In addition to the violation of the Act, 

Lachman was convicted of conspiring to 

violate the Act in violation of 18 U.S.C. 

371 (2000) and aiding and abetting in 

violation of 18 U.S.C. 2 (2000). Lachman 

was ordered to serve 36 months 

probation with the first year in home 

confinement and a fine of $250,000. 

Section 11(h) of the Act and Section 

766.25 of the Export Administration 

Regulations (‘‘Regulations’’) 2 provide, 

in pertinent part, that ‘‘[t]he Director of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny export 

privileges of any person who has been 

convicted of a violation of * * * Act,’’

for a period not to exceed 10 years from 

the date of conviction. 15 CFR 766.25(a) 

and (d). In addition, Section 750.8 of the 

Regulations states that BIS’s Office of 

Exporter Services may revoke any BIS 

licenses previously issued in which the 

person had an interest at the time of his 

conviction. 

I have received notice of Lachman’s 

conviction for violating the Act, and I, 

following consultations with Export 

Enforcement, including the Director, 

Office of Export Enforcement, have 

decided to deny Lachman’s export 

privileges under the Regulations for a 

period of 10 years from the date of his 

conviction. Due to exceptional 

circumstances, this Order is being 

issued without prior notice or 

opportunity to respond. 

Accordingly, it is hereby 

Ordered 

I. Until November 18, 2015, Walter L. 

Lachman, 1159 Old Marlboro Road, 

Concord, MA 01742, his successors or 

assigns, and when acting for or on 

behalf of Lachman, his officers, 

representatives, agents, or employees 

(‘‘Denied Person’’) may not, directly or 

indirectly, participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the 

Regulations, or in any other activity 

subject to the Regulations, including, 

but not limited to: 

A. Applying for, obtaining, or using 

any license, License Exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the Regulations, or in any 

other activity subject to the Regulations; 

or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 


pwalker on PROD1PC71 with NOTICES