Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Notices 49699 

1The violations charged occurred between 2000 

and 2003. The Regulations governing the violation 

at issue are found in the 2000 through 2003 version 

of the Code of Federal Regulations (15 CFR parts 

730–774 (2000–2003)). The 2007 Regulations 

govern the procedural aspects of this case. 

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 Fed. 

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

Regulations in effect under the International 

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

§ 1701–1706 (2000)). 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

[Docket 40–2007] 

Foreign–Trade Zone 107 - Des Moines, 

Iowa, Application for Subzone Status, 

SACMI USA, Ltd. (Food–Processing 

and Packaging Equipment), Urbandale, 

Iowa 

An application has been submitted to 

the Foreign–Trade Zones Board (the 

Board) by the Iowa Foreign–Trade Zone 

Corporation, grantee of FTZ 107, 

requesting special–purpose subzone 

status for the packaging and food–

processing equipment manufacturing 

facility of SACMI USA, Ltd. (SACMI), 

located in Urbandale, Iowa. The 

application was submitted pursuant to 

the provisions of the FTZ Act, as 

amended (19 U.S.C. 81a–81u), and the 

regulations of the Board (15 CFR Part 

400). It was formally filed on August 23, 

2007. 

The SACMI facility (3 acres/65,000 sq. 

ft.) is located at 3434 106th Circle, in 

Urbandale, Iowa. The facility (36 

employees) will manufacture and 

warehouse machinery and parts used in 

the ceramics, plastics, packaging 

equipment and food–processing 

industries. SACMI will manufacture 

labeling machinery (HTSUS 8422.30, 

duty–free) and compression molding 

machinery for bottle caps (HTSUS 

8477.51, 3.10%) under zone procedures. 

Components purchased from abroad 

(up to 80 percent of finished value) used 

in manufacturing include grease with/ 

without additive, vulcanized rubber 

tube, conveyor belts, belting and 

transmission belts, gasket rings, pipe fit 

and flanges, screws and bolts, cotters 

and cotter pins, springs, wrenches, 

vices, clamps, end milling cutters, tools, 

stoppers, caps and lids, fans, other parts 

of machinery for working rubber, safety 

or relief valves, solenoid valves, 

appliances, radial ball bearings, cup/ 

cone assembly sets, spherical roller 

bearings, needle roller bearings, 

cylindrical roller bearings, cam/crank 

shafts, gears and gearing, flywheels and 

pulleys, clutches, clutches and shaft 

couplings, transmission parts, electric 

motors under 18.65W, distributors, 

electric relays, switches for electric 

circuits, fuses, electrical equipment for 

switch circuits, coaxial cable, brake 

parts, other shock absorbers, drawing 

instruments, and electrical table lamps 

(duty rate range: free to 9 %). 

FTZ procedures could exempt SACMI 

from Customs duty payments on foreign 

components that are re–exported. Some 

20 percent of the plant’s shipments are 

exported. On domestic shipments, the 

company would be able to choose the 

duty rate during customs entry 

procedures that applies to the finished 

products (duty–free to 3.10%) for the 

foreign components listed above and 

would be able to defer payments until 

merchandise is shipped from the facility 

and entered for U.S. consumption. 

SACMI also plans to realize logistical 

benefits through the use of weekly entry 

procedures. The application indicates 

that all of the above–cited savings from 

FTZ procedures would help improve 

the facility’s international 

competitiveness. 

In accordance with the Board’s 

regulations, a member of the FTZ Staff 

has been designated examiner to 

investigate the application and report to 

the Board. 

Public comment on the application 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 October 29, 2007. Rebuttal 

comments in response to material 

submitted during the foregoing period 

may be submitted during the subsequent 

15-day period to November 13, 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, 

210 Walnut Street, Suite 749, Des 

Moines, Iowa 50309 and, the Office of 

the Executive Secretary, Foreign–Trade 

Zones Board, U.S. Department of 

Commerce, Room 2111, 1401 

Constitution Avenue, NW, Washington, 

DC 20230. 

For further information, contact 

Kathleen Boyce at 

KathleenlBoyce@ita.doc.gov or (202) 

482–1346. 

Dated: August 23, 2007. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E7–17116 Filed 8–28–07; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[06–BIS–14] 

Action Affecting Export Privileges; 

Spector International, Inc.; In the 

Matter of: Spector International, Inc. d/ 

b/a Norsal Export Limited, 27 Bethpage 

Drive, Monroe Township, NJ 08831, 

Respondent 

Order Relating to Spector International, 

Inc. d/b/a Norsal Export Ltd. 

The Bureau of Industry and Security, 

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

has initiated an administrative 

proceeding against Spector 

International, Inc. doing business as 

Norsal Export Limited (‘‘Norsal’’) 

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 Norsal that alleged that Norsal 

committed 44 violations of the 

Regulations. Specifically, the charges 

are: 

Charges 1–14 15 CFR 764.2(a)—Export 

of Microwave Amplifiers Without the 

Required Licenses 

On 14 occasions, between on or about 

November 9, 2000 and January 9, 2003, 

Norsal engaged in conduct prohibited 

by the Regulations by exporting or 

causing to be exported microwave 

amplifiers, items subject to the 

Regulations and classified under Export 

Control Classification Number 

(‘‘ECCN’’) 3A001.b.4, to the People’s 

Republic of China (‘‘China’’) without the 

Department of Commerce license 

required by § 742.4 of the Regulations. 

In so doing, Norsal committed 14 

violations § 764.2(a) of the Regulations. 


jlentini on PROD1PC65 with NOTICES
49700 Federal Register / Vol. 72, No. 167 / Wednesday, August 29, 2007 / Notices 

Charge 15 15 CFR 764.2(c)—

Attempted Export of Microwave 

Amplifiers Without the Required 

License 

On or about March 13, 2003, Norsal 

attempted a violation of the Regulations 

by attempting to export microwave 

amplifiers, items subject to the 

Regulations and classified under ECCN 

3A001.b.4, to China without the 

Department of Commerce license 

required by § 742.4 of the Regulations. 

In so doing, Norsal committed one 

violation of § 764.2(c) of the 

Regulations. 

Charges 16–30 15 CFR 764.2(e)—

Selling Microwave Amplifiers With 

Knowledge of a Violation of the 

Regulations 

With respect to the exports or 

attempted exports as described in 

Charges 1–15 above, Norsal sold 

microwave amplifiers with the 

knowledge that a violation was about to 

occur or was intended to occur in 

connection with the microwave 

amplifiers. At all times relevant hereto, 

Norsal knew or had reason to know that 

the microwave amplifiers in question 

required a Department of Commerce 

license for export to China, and that the 

required license had not been obtained. 

In so doing, Norsal committed 15 

violations of § 764.2(e) of the 

Regulations. 

Charges 31–44 15 CFR 764.2(g)—False 

Statement on Shipper’s Export 

Declarations as to Authority To Export 

With respect to the exports or 

attempted exports as described in 

Charges 1–11 and 13–15, above, Norsal 

filed or caused to be filed Shipper’s 

Export Declarations (‘‘SEDs’’) with the 

United States Government that 

contained false statements of fact. 

Specifically, Norsal filed or caused to be 

filed 14 SEDs that stated that the 

microwave amplifiers that were the 

subjects of the SEDs did not require 

licenses (‘‘NLR’’). This representation is 

false as at all times relevant to this case 

a Department of Commerce license was 

required to export the microwave 

amplifiers in question in this case to 

China. In so doing, Norsal committed 14 

violations of § 764.2(g) of the 

Regulations. 

Whereas, BIS and Norsal 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 $462,00 is 

assessed against Norsal. Payment shall 

be suspended for a period of one year 

from the date of entry of this Order and 

thereafter shall be waived, provided that 

during the period of suspension, Norsal 

has committed no violation of the Act, 

or any regulation, order, or license 

issued thereunder. 

Second, for a period of twenty-five 

years from the date of entry of this 

Order, Spector International, Inc. doing 

business as Norsal Export Limited, 27 

Bethpage Drive, Monroe Township, 

New Jersey 08831 (‘‘Norsal’’), its 

successors or assigns, and when acting 

for or on behalf of Norsal, 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. Carry 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 

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 Norsal 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 21st day of August, 2007. 

Wendy L. Wysong, 

Acting Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. 07–4226 Filed 8–28–07; 8:45 am] 

BILLING CODE 3510–DT–M 


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