This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

73309 

Vol. 88, No. 205 

Wednesday, October 25, 2023 

1The Regulations originally issued under the 

Export Administration Act of 1979, as amended, 50 

U.S.C. 4601–4623 (Supp. III 2015) (‘‘the EAA’’), 

which lapsed on August 21, 2001. The President, 

through Executive Order 13,222 of August 17, 2001 

(3 CFR, 2001 Comp. 783 (2002)), which has been 

extended by successive Presidential Notices, 

continued the Regulations in full force and effect 

under the International Emergency Economic 

Powers Act, 50 U.S.C. 1701, et seq. (2012) 

(‘‘IEEPA’’). On August 13, 2018, the President 

signed into law the John S. McCain National 

Defense Authorization Act for Fiscal Year 2019, 

which includes the Export Control Reform Act of 

2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While section 

1766 of ECRA repeals the provisions of the EAA 

(except for three sections which are inapplicable 

here), section 1768 of ECRA provides, in pertinent 

part, that all rules and regulations that were made 

or issued under the EAA, including as continued 

in effect pursuant to IEEPA, and were in effect as 

of ECRA’s date of enactment (August 13, 2018), 

shall continue in effect until modified, superseded, 

set aside, or revoked through action undertaken 

pursuant to the authority provided under ECRA. 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[B–54–2023] 

Foreign-Trade Zone (FTZ) 26, 

Notification of Proposed Production 

Activity; Helena Industries, LLC; 

(Insecticides); Cordele, Georgia 

Helena Industries, LLC, submitted a 

notification of proposed production 

activity to the FTZ Board (the Board) for 

its facilities in Cordele, Georgia within 

FTZ 26. The notification conforming to 

the requirements of the Board’s 

regulations (15 CFR 400.22) was 

received on October 19, 2023. 

Pursuant to 15 CFR 400.14(b), FTZ 

production activity would be limited to 

the specific foreign-status material(s)/ 

component(s) and specific finished 

product(s) described in the submitted 

notification (summarized below) and 

subsequently authorized by the Board. 

The benefits that may stem from 

conducting production activity under 

FTZ procedures are explained in the 

background section of the Board’s 

website—accessible via www.trade.gov/ 

ftz. 

The proposed finished product is 

thiamethoxam 240 grams/liter 

suspended concentrate (duty rate 5%). 

The proposed foreign-status material/ 

component is thiamethoxam 

(insecticide active ingredient) (duty rate 

6.5%). The request indicates that 

thiamethoxam (insecticide active 

ingredient) is subject to duties under 

section 301 of the Trade Act of 1974 

(section 301), depending on the country 

of origin. The applicable section 301 

decisions require subject merchandise 

to be admitted to FTZs in privileged 

foreign status (19 CFR 146.41). 

Public comment is invited from 

interested parties. Submissions shall be 

addressed to the Board’s Executive 

Secretary and sent to: ftz@trade.gov. The 

closing period for their receipt is 

December 4, 2023. 

A copy of the notification will be 

available for public inspection in the 

‘‘Online FTZ Information System’’ 

section of the Board’s website. 

For further information, contact 

Christopher Wedderburn at 

Chris.Wedderburn@trade.gov. 

Dated: October 20, 2023. 

Elizabeth Whiteman, 

Executive Secretary. 

[FR Doc. 2023–23610 Filed 10–24–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 2153] 

Approval of Expansion of Subzone 

98A; Mercedes-Benz U.S. International, 

Inc.; Moundville, Vance and 

Woodstock, Alabama 

Pursuant to its authority under the 

Foreign-Trade Zones Act of June 18, 

1934, as amended (19 U.S.C. 81a–81u), 

the Foreign-Trade Zones Board (the 

Board) adopts the following Order: 

Whereas, the Foreign-Trade Zones 

(FTZ) Act provides for ‘‘. . . the 

establishment . . . of foreign-trade 

zones in ports of entry of the United 

States, to expedite and encourage 

foreign commerce, and for other 

purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified 

corporations the privilege of 

establishing foreign-trade zones in or 

adjacent to U.S. Customs and Border 

Protection ports of entry; 

Whereas, the Board’s regulations (15 

CFR part 400) provide for the 

establishment of subzones for specific 

uses; 

Whereas, the City of Birmingham, 

grantee of Foreign-Trade Zone 98, has 

made application to the Board to 

expand Subzone 98A on behalf of 

Mercedes-Benz U.S. International, Inc. 

in Moundville, Vance and Woodstock, 

Alabama (FTZ Docket B–33–2023, 

docketed May 22, 2023); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (88 FR 34127–34128, May 26, 

2023) and the application has been 

processed pursuant to the FTZ Act and 

the Board’s regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiners’ memorandum, and finds that 

the requirements of the FTZ Act and the 

Board’s regulations are satisfied; 

Now, therefore, the Board hereby 

approves the expansion of Subzone 98A 

on behalf of Mercedes-Benz U.S. 

International, Inc. in Moundville, Vance 

and Woodstock, Alabama, as described 

in the application and Federal Register 

notice, subject to the FTZ Act and the 

Board’s regulations, including section 

400.13. 

Dated: October 20, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance, Alternate Chairman, ForeignTrade Zones Board. 

[FR Doc. 2023–23609 Filed 10–24–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Dina Zhu, 101 Windsor 

Chase Drive, Lawrenceville, GA 30043; 

Order Relating to Dina Zhu 

The Bureau of Industry and Security, 

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

has notified Dina Zhu, of Lawrenceville, 

GA (‘‘Zhu’’), of its intention to initiate 

an administrative proceeding against 

Zhu pursuant to section 766.3 of the 

Export Administration Regulations (the 

‘‘Regulations’’),1 through the issuance of 

a Proposed Charging Letter to Zhu that 

alleges that Zhu committed one 


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73310 Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2022). The charged violations occurred in 

2018. The Regulations governing the violations at 

issue are found in the 2018 version of the Code of 

Federal Regulations (15 CFR parts 730–774). The 

2022 Regulations set forth the procedures that apply 

to this matter. 

3Currently, the items are classified under ECCN 

0A504. However, the items are still controlled on 

Crime Control grounds and would still require an 

export license to both Hong Kong and China. 

4At that time, the seized items were determined 

to be controlled on the U.S. Munitions List under 

Category XII(c)(2)(i). U.S. State Department 

authorization pursuant to the International 

Trafficking in Arms Regulation, 22 CFR parts 120– 

130, was required to export the seized items. 

violation of the Regulations.2

Specifically: 

Charge 1 15 CFR 764.2(c)—Attempted 

Unlicensed Export to China 

On or about November 30, 2018, Zhu 

engaged in conduct prohibited by the 

Regulations by attempting to export optical 

sighting devices, items subject to the 

Regulations, and valued at approximately 

$25,000, from the United States to the 

Peoples Republic of China (‘‘China’’), via 

Hong Kong, without the required Department 

of Commerce export license. At the time of 

the attempted export, the items were 

classified under export control classification 

(‘‘ECCN’’) 0A987 and controlled on Crime 

Control grounds.3 Pursuant to Section 742.7 

of the Regulations, a Department of 

Commerce export license was required before 

the items could be exported to Hong Kong or 

China. OEE was able to interdict this 

transaction by issuing the courier a redelivery order to return or unload the 

shipment pursuant to Section 758.8 of the 

Regulations. 

During a subsequent December 2018 

interview with OEE Special Agents, Zhu 

admitted to responding to an online ad 

seeking help in exporting commodities to 

China. Zhu explained that optical sighting 

devices would be delivered to her house from 

U.S. vendors and then she would consolidate 

the packages and take them to an 

international courier for export to Hong 

Kong. According to Zhu, she shipped the 

packages to Hong Kong and was aware the 

items would then be forwarded to mainland 

China. 

Zhu was also aware of U.S. government 

export licensing requirements for optical 

sighting devices, inter alia, having been 

notified by U.S. Customs and Border 

Protection (‘‘CBP’’) on or about May 19, 2017, 

that a shipment of optical sighting devices 

exported by Zhu was seized by CBP for not 

having the requisite U.S. Government 

authorization.4

In so doing, Zhu committed one violation 

of 15 CFR 764.2(c). 

Whereas, BIS and Zhu have entered 

into a Settlement Agreement pursuant to 

Section 766.18(a) of the Regulations, 

whereby they agreed to settle this matter 

in accordance with the terms and 

conditions set forth therein; 

Whereas, Zhu admits committing the 

alleged conduct described in the 

Proposed Charging Letter; and 

Whereas, I have approved of the terms 

of such Settlement Agreement; 

It is therefore ordered: 

First, for a period of one (1) year from 

the date of the Order, Zhu, with a last 

known address of 101 Windsor Chase 

Drive, Lawrenceville, GA 30043, and 

when acting for or on her behalf, her 

successors, assigns, representatives, 

agents, or employees (hereinafter 

collectively referred to as 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, 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 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 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. 

Third, any licenses issued under the 

Regulations in which Zhu has an 

interest as of the date of this Order shall 

be revoked by BIS. 

Fourth, that, after notice and 

opportunity for comment as provided in 

Section 766.23 of the Regulation, any 

person, firm, corporation, or business 

organization related to Zhu by 

affiliation, ownership, control, or 

position of responsibility in the conduct 

or trade or related services may also be 

made subject to the provisions of this 

Order. 

Fifth, as authorized by Section 

766.18(c) of the Regulations, the denial 

period shall be imposed and extended 

for a second year, but for that second 

year shall be suspended for a 

probationary period and shall thereafter 

be waived, provided that Zhu has not 

committed another violation of ECRA, 

the Regulations, or any order, license or 

authorization issued under ECRA or the 

Regulations. If Zhu commits another 

violation of ECRA, the Regulations, or 

any order, license or authorization 

issued under ECRA or the Regulations 

during the two-year period from the 

date of the Order the suspended portion 

of the Order may be modified or 

revoked by BIS pursuant to Section 

766.17(c) of the Regulations. If the 

suspension of the denial is modified or 

revoked, BIS may extend the active 

denial period until up to two-years from 

the date of the Order. 

Sixth, the Proposed Charging Letter, 

the Settlement Agreement, and this 

Order shall be made available to the 

public. 

Seventh, a copy of this Order shall be 

provided to Zhu, and shall be published 

in the Federal Register. 


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Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Notices 73311 

1See Gas Powered Pressure Washers from the 

Socialist Republic of Vietnam: Final Affirmative 

Determination of Sales at Less Than Fair Value and 

Final Affirmative Determination of Critical 

Circumstances, 88 FR 59503 (August 29, 2023). 

2See ITC’s Letter, Notification Letter: 

Investigation No. 731–TA–1598 (Final), dated 

October 13, 2023. 

3 Id. 

4See Gas Powered Pressure Washers from the 

Socialist Republic of Vietnam: Preliminary 

Affirmative Determination of Sales at Less Than 

Fair Value and Preliminary Determination of 

Critical Circumstances, 88 FR 39221 (June 15, 2023) 

(Preliminary Determination). 

This Order, which constitutes the 

final agency action in this matter, is 

effective immediately. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2023–23571 Filed 10–24–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–552–008] 

Gas Powered Pressure Washers From 

the Socialist Republic of Vietnam: 

Antidumping Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the U.S. Department 

of Commerce (Commerce) and the U.S. 

International Trade Commission (ITC), 

Commerce is issuing an antidumping 

duty order on gas powered pressure 

washers (pressure washers) from the 

Socialist Republic of Vietnam 

(Vietnam). 

DATES: Applicable October 25, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Laurel LaCivita or Matthew Palmer, AD/ 

CVD Operations, Enforcement and 

Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–4243 and (202) 482–1678, 

respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 29, 2023, Commerce 

published its affirmative final 

determination in the less-than-fair-value 

(LTFV) investigation of pressure 

washers from Vietnam.1 On October 13, 

2023, the ITC notified Commerce of its 

final determination, pursuant to section 

735(d) of the Tariff Act of 1930, as 

amended (the Act), that an industry in 

the United States is materially injured 

within the meaning of section 

735(b)(1)(A)(i) of the Act by reason of 

LTFV imports of pressure washers from 

Vietnam.2

Scope of the Order 

The products covered by this order 

are gas powered pressure washers from 

Vietnam. For a complete description of 

the scope of this order, see the appendix 

to this notice. 

Antidumping Duty Order 

On October 13, 2023, in accordance 

with section 735(d) of the Act, the ITC 

notified Commerce of its final 

determination in this investigation, in 

which it found that an industry in the 

United States is materially injured by 

reason of imports of pressure washers 

from Vietnam.3 Therefore, in 

accordance with section 735(c)(2) of the 

Act, Commerce is issuing this 

antidumping duty order. Because the 

ITC determined that imports of pressure 

washers from Vietnam materially injure 

a U.S. industry, unliquidated entries of 

such merchandise from Vietnam, 

entered or withdrawn from warehouse 

for consumption, are subject to the 

assessment of antidumping duties. 

Therefore, in accordance with section 

736(a)(1) of the Act, Commerce will 

direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, antidumping 

duties equal to the amount by which the 

normal value of the merchandise 

exceeds the export price (or constructed 

export price) of the merchandise, for all 

relevant entries of pressure washers 

from Vietnam. Antidumping duties will 

be assessed on unliquidated entries of 

pressure washers from Vietnam entered, 

or withdrawn from warehouse, for 

consumption, on or after June 15, 2023, 

the date of publication of the 

Preliminary Determination in the 

Federal Register, except as noted in the 

‘‘Provisional Measures’’ section below.4

Continuation of Suspension of 

Liquidation 

In accordance with section 

735(c)(1)(B) of the Act, Commerce will 

instruct CBP to continue to suspend 

liquidation on all relevant entries of 

pressure washers from Vietnam, except 

as noted below. These instructions 

suspending liquidation will remain in 

effect until further notice. 

Commerce will also instruct CBP to 

require cash deposits equal to the 

estimated weighted-average dumping 

margin indicated in the table below. 

Accordingly, effective on the date of 

publication in the Federal Register of 

the notice of the ITC’s final affirmative 

injury determination, CBP will require, 

at the same time as importers would 

normally deposit estimated duties on 

subject merchandise, a cash deposit 

equal to the rate listed below. 

Estimated Weighted-Average Dumping 

Margin 

The estimated weighted-average 

dumping margin is as follows: 

Exporter/producer 

Estimated 

weightedaverage 

dumping 

margin 

(percent) 

Vietnam-Wide Entity ................... 225.86 

Critical Circumstances 

With respect to the ITC’s negative 

critical circumstances determination on 

imports of pressure washers from 

Vietnam, Commerce intends to instruct 

CBP to lift suspension and to refund any 

cash deposits made to secure the 

payment of estimated antidumping 

duties with respect to entries of the 

subject merchandise from Vietnam 

entered, or withdrawn from warehouse, 

for consumption on or after March 17, 

2023 (i.e., 90 days prior to the date of 

the publication of the Preliminary 

Determination), but before June 15, 2023 

(i.e., the date of publication of the 

Preliminary Determination). 

Provisional Measures 

Section 733(d) of the Act states that 

suspension of liquidation pursuant to an 

affirmative preliminary determination 

may not remain in effect for more than 

four months, except where exporters 

representing a significant proportion of 

exports of the subject merchandise 

request that Commerce extend the fourmonth period to no more than six 

months. None of the exporters of 

pressure washers requested Commerce 

to extend the four-month period to six 

months in this investigation. 

The provisional measures period, 

beginning on the date of publication of 

the Preliminary Determination, ended 

on October 12, 2023. Therefore, in 

accordance with section 733(d) of the 

Act, Commerce will instruct CBP to 

terminate the suspension of liquidation 

and to liquidate, without regard to 

antidumping duties, unliquidated 

entries of pressure washers from 

Vietnam entered, or withdrawn from 

warehouse, for consumption after 

October 12, 2023, the final day on 

which the provisional measures were in 

effect, until and through the day 

preceding the date of publication of the 

ITC’s final affirmative injury 


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