28674 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices 

1 15 CFR Parts 730–774 (2007). The EAR are 

issued under the Export Administration Act of 

1979, as amended (50 U.S.C. app. § 2401–2420 

(2000)) (‘‘EAA’’). Since August 21, 2001, the EAA 

has been in lapse and the President, through 

Executive Order 13222 of August 17, 2001 (3 CFR 

2001 Comp. 783 (2002)), as extended most recently 

by the Notice of August 3, 2006 (71 FR 44551, 

(August 7, 2006)), has continued the EAR in effect 

under the International Emergency Economic 

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

(‘‘IEEPA’’). 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, 

Departmental Paperwork Clearance 

Officer, (202) 482–0266, Department of 

Commerce, Room 6625, 14th and 

Constitution Avenue, NW., Washington, 

DC 20230 (or via the Internet at 

dHynek@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to David Rostker, OMB Desk 

Officer, FAX number (202) 395–7285, or 

David_Rostker@omb.eop.gov. 

Dated: May 16, 2007. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E7–9770 Filed 5–21–07; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Submission for OMB Review; 

Comment Request 

The Department of Commerce will 

submit to the Office of Management and 

Budget (OMB) for clearance the 

following proposal for collection of 

information under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

Agency: National Oceanic and 

Atmospheric Administration (NOAA). 

Title: Highly Migratory Species Dealer 

Reporting Family of Forms. 

Form Number(s): None. 

OMB Approval Number: 0648–0040. 

Type of Request: Regular submission. 

Burden Hours: 6,148. 

Number of Respondents: 1,751. 

Average Hours Per Response: 

Biweekly reports, 15 minutes (3 minutes 

for negative reporting); application for 

nongovernmental validation 

authorization, 2 hours; daily landing 

reports, 2 minutes; daily tagging, 1 

minute; and statistical documents and 

re-export certificates, 18 minutes. 

Needs and Uses: This information 

collection consists of a mandatory 

dealer reporting program for domestic 

landings and international trade of 

highly migratory species. The catch and 

trade monitoring is required under 

provisions of the Atlantic Tunas 

Convention Act, Tunas Convention Act, 

and the Magnuson-Stevens Fishery 

Conservation and Management Act. 

Information collected through this 

program is essential for the United 

States to meet its reporting obligations 

to the International Commission for the 

Conservation of Atlantic Tunas and the 

Inter-American Tropical Tuna 

Commission. 

Affected Public: Business or other forprofit organizations. 

Frequency: Daily, biweekly, on 

occasion and annually. 

Respondent’s Obligation: Mandatory. 

OMB Desk Officer: David Rostker, 

(202) 395–3897. 

Copies of the above information 

collection proposal can be obtained by 

calling or writing Diana Hynek, 

Departmental Paperwork Clearance 

Officer, (202) 482–0266, Department of 

Commerce, Room 6625, 14th and 

Constitution Avenue, NW., Washington, 

DC 20230 (or via the Internet at 

dHynek@doc.gov). 

Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to David Rostker, OMB Desk 

Officer, FAX number (202) 395–7285, or 

David_Rostker@omb.eop.gov. 

Dated: May 16, 2007. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E7–9772 Filed 5–21–07; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; Bill 

Chen, aka Yueqiang Chen; In the 

Matter of: Bill Chen, AKA Yueqiang 

Chen, Manager, Data Physics China, 

RM. 1509, Building 2, Xinquduan 

Jiayan, No. 5 Changchunquia Road, 

Haidian District, Beijing, P.R. China, 

100089 and 615 Blossom Hill Road, 

#17, Los Gatos, CA 95032, 

Respondent: Order Temporarily 

Denying Export Privileges 

Pursuant to Section 766.24 of the 

Export Administration Regulations 

(‘‘EAR’’),1 I hereby grant the Bureau of 

Industry and Security’s request for an 

Order Temporarily Denying the Export 

Privileges of Respondent, Bill Chen aka 

Yueqiang Chen, for 180 days as I find 

that the TDO is necessary in the public 

interest to prevent an imminent 

violation of the EAR. 

I. Legal Standard 

Pursuant to § 766.24(b) of the EAR, 

the Assistant Secretary may issue a TDO 

‘‘upon a showing by BIS that the order 

is necessary in the public interest to 

prevent an imminent violation of the 

* * * EAR.’’ ‘‘A violation may be 

‘imminent’ either in time or in degree of 

likelihood.’’ 15 CFR 766.24(b)(3). This 

includes a violation that ‘‘is about to 

occur, or that the general circumstances 

of the matter under investigation or case 

under criminal or administrative 

charges demonstrate a likelihood of 

future violations.’’ Id. Significant, 

deliberate, and covert violations are 

more probative of imminence and the 

likelihood of future violations than 

lesser technical ones. Id. A ‘‘lack of 

information establishing the precise 

time a violation may occur does not 

preclude a finding that a violation is 

imminent, so long as there is sufficient 

reason to believe the likelihood of a 

violation.’’ Id. 

II. Findings 

Respondent has been under a 

temporary denial order since May 12, 

2006 for his role in selling and shipping 

items subject to the EAR to end-users in 

China who are engaged in the design, 

development, production and use of 

cruise missile systems without the 

required export licenses. On May 24, 

2006, the Respondent was indicated by 

a federal grand in the Northern District 

of California for violating the EAR in 

connection with five unlicensed 

exports, occurring as early as January 

22, 2003 and as recently as July 3, 2005, 

to end-users in China knowing that such 

items would be used in the design, 

development, production, and use of 

missiles. On April 6, 2007, Mr. Chen 

submitted a declaration that he would 

assert his Fifth Amendment privilege 

against self incrimination in connection 

with any questions that would be raised 

during his deposition in a related 

administrative proceeding. Then, on 

April 30, 2007, a U.S. Magistrate Judge 

granted Respondent’s request to travel 

to China to visit ailing family members 

while the indictment is pending against 

him. Based upon this authorization, Mr. 

Chen has departed for China and is 

scheduled return in late May 2007. 

While Mr. Chen has been placed on 

administrative leave, he remains an 

employee of Data Physics. Additionally, 

BIS has submitted evidence to me that 

shows that Respondent has played a 

role in selling items subject to the EAR 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices 28675 

2 15 CFR 744 Supplement No. 4. 

to entities in China on BIS’s Entity List 

without the required export licenses.2

I find that the evidence presented by 

BIS demonstrates that the Respondent 

has violated the EAR, that such 

violations have been significant, 

deliberate and covert, and that there is 

a likelihood of future violations. 

Accordingly, I find that issuing a TDO 

against Bill Chen for 180 days is 

necessary in the public interest to 

prevent an imminent violation of the 

EAR. 

III. Order 

It is Therefore Ordered: 

First, that the Respondent, BILL 

CHEN, AKA Yueqiang Chen, of Data 

Physics China, RM. 1509, Building 2, 

Xinquduan Jiayan, No. 5 

Changchunquia Road, Haidian District, 

Beijing, P.R. China, 100089 and of 615 

Blossom Hill Road, #17, Los Gatos, 

California 95032 (the ‘‘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 

Export Administration Regulations 

(‘‘EAR’’), or in any other activity subject 

to the EAR, 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 EAR, or in any other 

activity subject to the EAR; 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 EAR, or in any 

other activity subject to the EAR. 

Second, that 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 EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Denied Person of the ownership, 

possession, or control to the EAR 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 EAR that has 

been exported from the United States; 

D. Obtain from the Denied Person in 

the Untied states any item subject to the 

EAR 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 EAR 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, or whatever 

origin, that is owned, possessed or 

controlled by the Denied Person if such 

service involves the use of any item 

subject to the EAR 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 EAR, any other 

person, firm, corporation, or business 

organization related to any of the 

Denied Person by affiliation, ownership, 

control, or position of responsibility in 

the conduct of trade or related services 

may also be made subject to the 

provisions of this Order. 

Fourth, that this Order does not 

prohibit any export, reexport, or other 

transaction subject to the EAR where the 

only items involved that are subject to 

the EAR are the foreign-produced direct 

product of U.S.-origin technology. 

In accordance with the provisions of 

Section 766.24(e) of the EAR, the 

Respondent may, at any time, appeal 

this Order by filing a full written 

statement in support of the appeal with 

the Office of the Administrative Law 

Judge, U.S. Coast Guard ALJ Docketing 

Center, 40 South Gay Street, Baltimore, 

Maryland 21202–4022. 

In accordance with the provisions of 

Section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. The 

Respondent may oppose a request to 

renew this Order by filing a written 

submission with the Assistant Secretary 

of Commerce for Export Enforcement, 

which must be received not later than 

seven days before the expiration date of 

the Order. 

A copy of this order shall be served 

on the Respondent and shall be 

published in the Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Entered this 16th day of May, 2007. 

Darryl W. Jackson, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 07–2525 Filed 5–21–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE. 

International Trade Administration 

[A–122–840] 

Carbon and Certain Alloy Steel Wire 

Rod From Canada: Extension of Time 

Limit for Preliminary Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: May 22, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Shane Subler, AD/CVD Operations, 

Office 1, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington, DC 20230; telephone: (202) 

482–0189. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 27, 2006, the 

Department of Commerce (the 

Department) published its notice of 

initiation of an antidumping duty 

administrative review on carbon and 

certain alloy steel wire rod from Canada. 

See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Request for Revocation in 

Part, 71 FR 68535 (November 27, 2006). 

The preliminary results of this 

administrative review are currently due 

on July 3, 2007. 

Extension of Time Limit for Preliminary 

Results 

Pursuant to section 751(a)(3)(A) of the 

Tariff Act of 1930, as amended (the Act), 

the Department shall issue preliminary 

results in an administrative review of an 

antidumping duty order within 245 

days after the last day of the anniversary 

month of the date of publication of the 

order for which a review is requested 

and the final results within 120 days 

after the date on which the preliminary 

results are published. However, if it is 

not practicable to complete the review 

within the specified time periods, 

section 751(a)(3)(A) of the Act allows 

the Department to extend these 

deadlines to a maximum of 365 days 

and 180 days, respectively. 

Completion of the preliminary results 

within the originally anticipated time 


jlentini on PROD1PC65 with NOTICES