46210 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Notices 

1The violations alleged to have been committed 

occurred in 2001 and 2002. The Regulations 

governing the violations at issue are found in the 

2001–2002 versions of the Code of Federal 

Regulations (15 CFR parts 730–774 (2001–2002)). 

The 2007 Regulations establish the procedures that 

apply to this matter. 

2Since 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 successive Presidential Notices, the 

most recent being that of August 3, 2006 (71 FR 

44,551 (Aug. 7, 2006)), has continued the 

Regulations in effect under the International 

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

1706 (2000)). 

those amplifiers during the pendency of that 

application. As such, EHI, at all relevant 

times, knew that the items required a license 

if exported to China and that no such license 

would be obtained. In so doing, EHI 

committed one violation of section 764.2(e) 

of the Regulations. 

Whereas, BIS and EHI 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 $17,000 is 

assessed against EHI, of which $500 

shall be paid to the U.S. Department of 

Commerce not later than November 1, 

2007; $500 shall be paid to the U.S. 

Department of Commerce not later than 

February 1, 2008; $5,000 shall be paid 

to the U.S. Department of Commerce not 

later than May 1, 2008; and the balance 

of $11,000 shall be paid to the U.S. 

Department of Commerce not later than 

August 1, 2008. Payment shall be made 

in the manner specified in the attached 

instructions. 

Second, for a period of five years from 

the date of entry of this Order, EHI 

Group USA, Inc., 10677 C Rosewood 

Road, Cupertino, CA 95014, its 

successors or assigns, and when acting 

for or on behalf of EHI, its 

representatives, agents, officers or 

employees (‘‘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, 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. 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, or in 

any other activity subject to the 

Regulations. 

Third, 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 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. 

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 EHI 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. 

Fifth, that 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 

foreign-produced direct product of U.S.- 

origin technology. 

Sixth, that the charging letter, the 

Settlement Agreement, this Order, and 

the record of this case as defined by 

Section 766.20 of the Regulations shall 

be made available to the public. 

Seventh, that the administrative law 

judge shall be notified that this case is 

withdrawn from adjudication. 

Eighth, 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 6th day of August, 2007. 

Darryl W. Jackson, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 07–4036 Filed 8–16–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No.: 06–BIS–17] 

Action Affecting Export Privileges; Mr. 

Qing Chang Jiang; In the Matter of: 

Mr. Qing Chang Jiang, 10677 C 

Rosewood Road, Cupertino, CA 95014, 

Respondent; Order Relating to Qing 

Chang Jiang 

The Bureau of Industry and Security, 

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

has initiated an administrative 

proceeding against Qing Chang Jiang 

(‘‘Jiang’’) pursuant to Section 766.3 of 

the Export Administration Regulations 

(currently codified at 15 CFR Parts 730–

774 (2007)) (the ‘‘Regulations’’),1 and 

Section 13(c) of the Export 

Administration Act of 1979, as amended 

(50 U.S.C. app. 2401–2420 (2000)) (the 

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

letter to Jiang that alleged that Jiang 

committed 3 violations of the 

Regulations. Specifically, the charges 

are: 

Charge 1: 15 CFR 764.2(d)—Conspiracy to 

Export Microwave Amplifiers to China 

without the required Department of 

Commerce License. 

Beginning in or about September 2001 and 

continuing into or about May 2002, Jiang 

conspired and acted in concert with others, 

known and unknown, to bring about or to do 

an act that constitutes a violation of the 

Regulations. Specifically, Jiang conspired to 

export microwave amplifiers from the United 

States to the People’s Republic of China 

(‘‘China’’) without the required Department 

of Commerce license. The goal of the 


ebenthall on PRODPC61 with NOTICES
Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Notices 46211 

conspiracy was to obtain microwave 

amplifiers on behalf of a Chinese end-user 

and to export those microwave amplifiers to 

China. In furtherance of the conspiracy, Jiang 

acquired the microwave amplifiers from a 

U.S. company and then exported them from 

the United States to China. The microwave 

amplifiers were items subject to the 

Regulations and were classified under export 

control classification number (‘‘ECCN’’) 

3A001. Contrary to Section 742.4 of the 

Regulations, no Department of Commerce 

license was obtained for the export of 

amplifiers from the United States to China. 

In do doing, Jiang committed one violation of 

Section 764.2(d) of the Regulations. 

Charge 2: 15 CFR 764.2(a): Exporting 

Microwave Amplifiers without the required 

Department of Commerce License. 

On or about May 22, 2002, Jiang engaged 

in conduct prohibited by the Regulations by 

exporting microwave amplifiers, items 

subject to the Regulations and classified 

under ECCN 3A001, from the Untied States 

to China without obtaining a license from the 

Department of Commerce as required by 

Section 742.4 of the Regulations. In so doing, 

Jiang committed one violation of Section 

764.2(a) of the Regulations. 

Charge 3: 15 CFR 764.2(e): Acting with 

knowledge that a violation of the regulations 

would occur. 

In connection with the transaction 

referenced about, Jiang ordered or transferred 

microwave amplifiers that were to be 

exported from the United States with 

knowledge that a violation of the Regulations 

would occur. Specifically, Jiang has 

knowledge that a license was required for the 

export of Jiang was advised by an individual 

in China that the items in question were 

classified as ECCN 3A001 and subject to U.S. 

export regulations. Furthermore, Jiang had 

knowledge of the Regulations, as Jiang has 

met with officials from BIS on several 

occasions to discuss the Regulations and the 

export of microwave amplifiers to China. In 

addition, Jiang submitted an export 

application to the Department of Commerce 

for the microwave amplifiers described above 

and exported those amplifiers during the 

pendency of that application. As such, Jiang, 

at all relevant times, knew that the items 

required a license if exported to China and 

that no such license would be obtained. In 

so doing, Jiang committed one violation of 

Section 764.2(e) of the Regulations. 

Whereas, BIS and Jiang 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 $17,000 is 

assessed against Jiang, of which $500 

shall be paid to the U.S. Department of 

Commerce not later than November 1, 

2007; $500 shall be paid to the U.S. 

Department of Commerce not later than 

February 1, 2008; $5,000 shall be paid 

to the U.S. Department of Commerce not 

later than May 1, 2008; and the balance 

of $11,000 shall be paid to the U.S. 

Department of Commerce not later than 

August 1, 2008. Payment shall be made 

in the manner specified in the attached 

instructions. 

Second, that, pursuant to the Debt 

Collection Act of 1982, as amended (31 

U.S.C. 3701–3720E (2000)), the civil 

penalty owed under this Order accrues 

interest as more fully described in the 

attached Notice, and, if payment is not 

made by the due date specified herein, 

Jiang will be assessed, in addition to the 

full amount of the civil penalty and 

interest, a penalty charge and an 

administrative charge, as more fully 

described in the attached Notice. 

Third, that 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 Jiang. Accordingly, if Jiang 

should fail to pay the civil penalty in a 

timely manner, the undersigned may 

enter an Order denying all of Jiang’s 

export privileges under the Regulations 

for a period of one year from the date 

of entry of this Order. 

Fourth, that for a period of five years 

from the date of entry of this Order, 

Qing Chang Jiang, 10677 C Rosewood 

Road, Cupertino, CA 95014, and, when 

acting for or on behalf of Jiang, his 

representatives, agents, assigns, or 

employees, (‘‘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, 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. 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, or in 

any other activity subject to the 

Regulations. 

Fifth, 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 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. 

Sixth, 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 Jiang 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. 

Seventh, that 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 

foreign-produced direct product of U.S.- 

origin technology. 

Eighth, that the charging letter, the 

Settlement Agreement, this Order, and 

the record of this case as defined by 

Section 766.20 of the Regulations shall 

be made available to the public. 

Ninth, that the administrative law 

judge shall be notified that this case is 

withdrawn from adjudication. 

Tenth, that this Order shall be served 

on the Denied Person and on BIS, and 


ebenthall on PRODPC61 with NOTICES
46212 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Notices 

shall be published in the Federal 

Register. 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately. 

Dated: Entered this 6th day of August, 

2007. 

Darryl W. Jackson, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 07–4035 Filed 8–16–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–427–818) 

Low Enriched Uranium from France: 

Rescission of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on the timely 

withdrawal of the request for an 

administrative review, the Department 

of Commerce (the Department) is 

rescinding the administrative review of 

low enriched uranium from France for 

the period February 1, 2006 through 

January 31, 2007. 

EFFECTIVE DATE: August 17, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Douglas Kirby or Myrna Lobo, AD/CVD 

Operations, Office 6, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington DC 20230; 

telephone: (202) 482–3782 or (202) 482–

2371, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 2, 2007, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order on low 

enriched uranium from France. See 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity to Request 

Administrative Review, 72 FR 5007 

(February 2, 2007). On February 28, 

2007, USEC Inc. and United States 

Enrichment Corporation (petitioner) 

timely requested that the Department 

conduct an administrative review of 

Eurodif S.A., AREVA NC, and AREVA 

NC, Inc. (collectively Areva). On March 

28, 2007, the Department published the 

notice of initiation of the antidumping 

duty administrative review of low 

enriched uranium from France for the 

period February 1, 2006 through January 

31, 2007. See Initiation of Antidumping 

and Countervailing Duty Administrative 

Reviews, 72 FR 14516 (March 28, 2007). 

On June 26, 2007, petitioner withdrew 

its request for this administrative review 

with respect to the respondent, Areva. 

Areva did not request an administrative 

review for this period. 

Rescission of Review 

The Department’s regulations at 

section 351.213(d)(1) provide that the 

Department will rescind an 

administrative review if the party that 

requested the review withdraws its 

request for review within 90 days of the 

date of publication of the notice of 

initiation of the requested review. 

Petitioner withdrew its request for 

review in a timely manner. Therefore, 

the Department is rescinding the 

administrative review of the 

antidumping duty order on low 

enriched uranium from France for the 

period February 1, 2006 through January 

31, 2007. 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (CBP) to 

assess antidumping duties on all 

appropriate entries for Eurodif S.A., 

AREVA NC, and AREVA NC, Inc. 

Antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions to CBP 15 days after 

publication of this notice in the Federal 

Register. 

Notification to Importers 

This notice serves as a final reminder 

to importers of their responsibility 

under 19 CFR 351.402(f) to file a 

certificate regarding the reimbursement 

of antidumping duties prior to 

liquidation of the relevant entries 

during this review period. Failure to 

comply with this requirement could 

result in the Secretary’s assumption that 

reimbursement of antidumping duties 

occurred and subsequent assessment of 

double antidumping duties. 

Notification Regarding APOs 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305, which continues 

to govern business proprietary 

information in this segment of the 

proceeding. Timely written notification 

of the return/destruction of APO 

materials or conversion to judicial 

protective order is hereby requested. 

Failure to comply with the regulations 

and terms of an APO is a violation 

which is subject to sanction. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.213(d)(4). 

Dated: August 10, 2007. 

Gary Taverman, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. E7–16230 Filed 8–16–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XC09 

Marine Mammals; File No. 10028 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application. 

SUMMARY: Notice is hereby given that 

Mystic Aquarium, 55 Coogan Boulevard, 

Mystic, CT 06355 (Dr. Lisa Mazzaro, 

Principal Investigator), has applied in 

due form for a permit to obtain 

stranded, releasable pinnipeds (up to 

eight otariids and 20 phocids) from the 

National Marine Mammal Stranding 

Response Program for the purposes of 

public display. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

September 17, 2007. 

ADDRESSES: The application and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; and 

Northeast Region, NMFS, One 

Blackburn Drive, Gloucester, MA 

01930–2298; phone (978)281–9300; fax 

(978)281–9394. 

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 


ebenthall on PRODPC61 with NOTICES