62536 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 

1ECRA was enacted on August 13, 2018, as part 

of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019, and as 

amended is codified at 50 U.S.C. 4801–4852. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2022). 

3The Director, Office of Export Enforcement, is 

the authorizing official for issuance of denial orders 

pursuant to amendments to the Regulations (85 FR 

73411, November 18, 2020). 

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 engaging 

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 

that is subject to the Regulations, or 

from any other activity subject to the 

Regulations. 

Second, no person may, directly or 

indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) 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. 

Third, pursuant to section 1760(e) of 

ECRA and sections 766.23 and 766.25 of 

the Regulations, any other person, firm, 

corporation, or business organization 

related to Santiago by ownership, 

control, position of responsibility, 

affiliation, or other connection in the 

conduct of trade or business may also be 

made subject to the provisions of this 

Order in order to prevent evasion of this 

Order. 

Fourth, in accordance with part 756 of 

the Regulations, Santiago 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. 

Fifth, a copy of this Order shall be 

delivered to Santiago and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until October 25, 2029. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–19679 Filed 9–11–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Nicholas Ayala, Inmate 

Number: 97331–509, FCI Edgefield, 

P.O. Box 725, Edgefield, SC 29824, 

Order Denying Export Privileges 

On November 16, 2022, in the U.S. 

District Court for the Southern District 

of Florida, Nicholas Ayala (‘‘Ayala’’) 

was convicted of violating 18 U.S.C. 371 

and 18 U.S.C. 554. Specifically, Ayala 

was convicted of conspiring to smuggle 

various handguns and firearms from the 

United States to Ecuador. As a result of 

his conviction, the Court sentenced him 

to 36 months in prison, three years of 

supervised release, and a $400 special 

assessment. 

Pursuant to section 1760(e) of the 

Export Control Reform Act (‘‘ECRA’’),1

the export privileges of any person who 

has been convicted of certain offenses, 

including, but not limited to, 18 U.S.C. 

371 and 18 U.S.C. 554, may be denied 

for a period of up to ten (10) years from 

the date of his/her conviction. 50 U.S.C. 

4819(e). In addition, any Bureau of 

Industry and Security (‘‘BIS’’) licenses 

or other authorizations issued under 

ECRA, in which the person had an 

interest at the time of the conviction, 

may be revoked. Id. 

BIS received notice of Ayala’s 

conviction for violating 18 U.S.C. 371 

and 18 U.S.C. 554. As provided in 

section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

the ‘‘Regulations’’), BIS provided notice 

and opportunity for Ayala to make a 

written submission to BIS. 15 CFR 

766.25.2 BIS has not received a written 

submission from Ayala. 

Based upon my review of the record 

and consultations with BIS’s Office of 

Exporter Services, including its 

Director, and the facts available to BIS, 

I have decided to deny Ayala’s export 

privileges under the Regulations for a 

period of 10 years from the date of 

Ayala’s conviction. The Office of 

Exporter Services has also decided to 

revoke any BIS-issued licenses in which 

Ayala had an interest at the time of his 

conviction.3

Accordingly, it is hereby ordered: 

First, from the date of this Order until 

November 16, 2032, Nicholas Ayala, 

with a last known address of Inmate 

Number: 97331–509, FCI Edgefield, P.O. 

Box 725, Edgefield, SC 29824, and when 

acting for or on his behalf, his 

successors, assigns, employees, agents 

or representatives (‘‘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 

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 engaging 

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 

that is subject to the Regulations, or 

from any other activity subject to the 

Regulations. 

Second, no person may, directly or 

indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of the Denied 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Notices 62537 

1See Silicon Metal from Malaysia: Antidumping 

Duty Order, 86 FR 46677 (August 19, 2021) (Order). 

2See Antidumping and Countervailing Duty 

Order, Finding, or Suspended Investigation; 

Opportunity to Request Administrative Review and 

Join Annual Inquiry Service List, 87 FR 47187 

(August 2, 2022). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 87 FR 

61278 (October 11, 2022). 

4See Memorandum, ‘‘Extension of Deadline for 

Preliminary Results of Antidumping Duty 

Administrative Review; 2021–2022,’’ dated April 

21, 2023. 

5See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the Antidumping Duty 

Administrative Review of Silicon Metal from 

Malaysia; 2021–2022,’’ dated concurrently with, 

and hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

6For a complete description of the scope of the 

Order, see Preliminary Decision Memorandum. 

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. 

Third, pursuant to section 1760(e) of 

ECRA and sections 766.23 and 766.25 of 

the Regulations, any other person, firm, 

corporation, or business organization 

related to Ayala by ownership, control, 

position of responsibility, affiliation, or 

other connection in the conduct of trade 

or business may also be made subject to 

the provisions of this Order in order to 

prevent evasion of this Order. 

Fourth, in accordance with part 756 of 

the Regulations, Ayala 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. 

Fifth, a copy of this Order shall be 

delivered to Ayala and shall be 

published in the Federal Register. 

Sixth, this Order is effective 

immediately and shall remain in effect 

until November 16, 2032. 

John Sonderman, 

Director, Office of Export Enforcement. 

[FR Doc. 2023–19680 Filed 9–11–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–557–820] 

Silicon Metal From Malaysia: 

Preliminary Results of Antidumping 

Duty Administrative Review; 2021– 

2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that sales of silicon metal 

from Malaysia were not sold in the 

United States at less than normal value 

(NV) during the period of review (POR), 

February 1, 2021, through July 31, 2022. 

Interested parties are invited to 

comment on these preliminary results. 

DATES: Applicable September 12, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Jennings, AD/CVD Operations, 

Office V, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1110. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 19, 2021, Commerce 

published in the Federal Register an 

antidumping duty order on silicon 

metal from Malaysia.1 On August 2, 

2022, we published in the Federal 

Register a notice of opportunity to 

request an administrative review of the 

Order.2 On October 11, 2022, based on 

a timely request for an administrative 

review, Commerce initiated an 

administrative review with respect to 

PMB Silicon Sdn. Bhd (PMB Silicon).3

On April 21, 2023, Commerce 

extended the time limit for completing 

the preliminary results of this review 

until August 31, 2023.4 For a complete 

description of the events between the 

initiation of this review and these 

preliminary results, see the Preliminary 

Decision Memorandum.5

Scope of the Order 

The merchandise covered by the 

scope of this Order is silicon metal from 

Malaysia.6

Methodology 

Commerce is conducting this review 

in accordance with section 751(a) of the 

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

Export price is calculated in accordance 

with section 772 of the Act. NV is 

calculated in accordance with section 

773 of the Act. 

For a full description of the 

methodology underlying these 

preliminary results, see the Preliminary 

Decision Memorandum. A list of the 

topics discussed in the Preliminary 

Decision Memorandum is attached as an 

appendix to this notice. The Preliminary 

Decision Memorandum is a public 

document and is on file electronically 

via Enforcement and Compliance’s 

Antidumping and Countervailing Duty 

Centralized Electronic Service System 

(ACCESS). ACCESS is available to 

registered users at https://access.

trade.gov. In addition, a complete 

version of the Preliminary Decision 

Memorandum can be accessed directly 

at https://access.trade.gov/public/ 

FRNoticesListLayout.aspx. 

Preliminary Results of the Review 

We preliminarily determine that the 

following estimated weighted-average 

dumping margin exists during the 

period February 1, 2021, through July 

31, 2022: 

Exporter/producer 

Weightedaverage 

dumping 

margin 

(percent) 

PMB Silicon Sdn. Bhd ................ 0.00 

Verification 

As provided in section 782(i)(3) of the 

Act, Commerce intends to verify the 

information relied upon here in advance 

of the final results of this review. 


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