69650 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices 

(‘‘Regulations’’) provide, in pertinent 

part, that ‘‘[t]he Director of the Office of 

Exporter Services, in consultation with 

the Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of * * * any 

regulation, license or order issued under 

the International Emergency Economic 

Powers Act,’’ for a period not to exceed 

10 years from the date of conviction. 15 

CFR 766.25(a) and (d). In addition, 

Section 750.8 of the Regulations states 

that Bureau of Industry’s (‘‘BIS’’) Office 

of Exporter Services may revoke any BIS 

licenses previously issued in which the 

person had an interest in at the time of 

his conviction. 

I have received notice of Koh’s 

conviction for violating the IEEPA, and 

have provided notice and an 

opportunity for Koh to make a written 

submission to the Bureau of Industry 

and Security as provided in Section 

766.25 of the Regulations. Having 

received no submission from Koh, I, 

following consultations with BIS’s 

Office of Export Enforcement, including 

its Director, have decided to deny Koh’s 

export privileges under the Regulations 

for a period of 10 years from the date of 

Koh’s conviction. 

Accordingly, it is hereby ordered. 

I. Until October 13, 2016, Ernest Koh 

Chong Tek, Ernest Koh Chong Tek, 

currently incarcerated at: USM #73762–

053, Federal Correctional Inst. (FCI), 

P.O. Drawer 30, McRae, Georgia 31055, 

and with an address at: Blk 136 #09–430 

Bishan Street 12, Singapore 570136, and 

when acting for or on behalf of Koh, his 

representatives, assigns, agents, or 

employees, (collectively referred to 

hereinafter 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 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. 

II. 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 ot 

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. 

III. After notice and opportunity for 

comment as provided in section 766.23 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to Ernest Koh 

Chong Tek 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 if necessary to 

prevent evasion of the Order. 

IV. 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 foreignproduced direct product of U.S.-origin 

technology. 

V. This Order is effective immediately 

and shll remain in effect until October 

13, 2016. 

VI. In accordance with Part 756 of the 

Regulations, Koh 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. 

VII. A copy of this Order shall be 

delivered to Koh. This Order shall be 

published in Federal Register. 

Dated: November 27, 2007. 

Eileen M. Albanese, 

Director, Office of Exporter Services. 

[FR Doc. 07–5986 Filed 12–7–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; XU 

WEIBO, a/k/a ‘‘KEVIN XU’’; HAO LI 

CHEN, a/k/a ‘‘ALI CHAN’’; XIU LING 

CHEN, a/k/a ‘‘LINDA CHEN’’ and KWAN 

CHUN CHAN, a/k/a ‘‘JENNY CHAN’’

In the Matter of: Xu Weibo, a/k/a ‘‘Kevin 

Xu’’, 21 Wood View Drive, Mt. Laurel, NJ 

08504, Respondent: and Hao Li Chen, a/k/a 

‘‘Ali Chan’’ currently incarcerated at: 40922–

050 FCI Fairton, Federal Correctional 

Institution, P.O. Box 420, Fairton, NJ 08320 

and with an address at: 11 Long Bridge 

Avenue, Mount Laurel, NJ 08504 and Xiu 

Ling Chen, a/k/a ‘‘Linda Chen’’, 21 Wood 

View Drive, Mount Laurel, NJ 08504 and 

Kwan Chun Chan, a/k/a ‘‘Jenny Chan’’, 11 

Long Bridge Avenue, Mount Laurel, NJ 

08504, Related Persons 

Ordering Denying Export Privileges 

A. Denial of Export Privileges of Xu 

Weibo, a/k/a Kevin Xu 

On May 4, 2006, in the District Court 

for the District of New Jersey, Xu Weibo, 

a/k/a ‘‘Kevin Xu’’ (‘‘Xu’’) pled guilty to 

knowingly and willfully ordering, 

buying, removing, concealing, storing, 

using, selling, loaning, disposing of, 

transferring, transporting, financing, 

forwarding and otherwise servicing, in 

whole or in part, items exported and to 

be exported from the U.S., specifically, 

certain Gallium Arsenide Monolithic 

Microwave Integrated Circuits to the 

People’s Republic of China, with 

knowledge that a violation of the Act, 

the Regulations and any order, license 

and authorization issued thereunder, 

had occurred, was about to occur or was 

intended to occur in connection with 

the items, in violation of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706 

(2000)) (‘‘IEEPA’’). The involved 

Commerce controlled items were 

classified under Export Control 

Classification Number 3A001 on the 


rmajette on PROD1PC64 with NOTICES
Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices 69651 

1 50 U.S.C. app. §§ 2401–2420. Since 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 the 

Notice of August 15, 2007 (72 FR 46137, Aug. 16, 

2007), has continued the Regulations in effect under 

the International Emergency Economic Powers Act 

(50 U.S.C. 1701–1706 (2000)) (‘‘IEEPA’’). 

2The Regulations are currently codified at 15 CFR 

parts 730–774 (2007). 

Commerce Control List and controlled 

for National Security (NS) and AntiTerrorism (AT) reasons. Xu also pled 

guilty to knowingly and willfully 

exporting to the People’s Republic of 

China defense articles, designated as 

‘‘military electronics’’ on the United 

States Munitions list, namely, U.S. 

military-grade Monolithic Microwave 

Integrated Circuits, without first 

obtaining the required license for such 

export, in violation of Section 38 of the 

Arms Export Control Act (22 U.S.C. 

2778 (2000)) (‘‘AECA’’). In addition, Xu 

also pled guilty to conspiring to violate 

the export control laws in violation of 

18 U.S.C. 371. Xu was sentenced to 44 

months of imprisonment for each of the 

three counts, to run concurrently, 

followed by two years of supervised 

release for each of three counts, to run 

concurrently. 

Section 11(h) of the Export 

Administration Act of 1979, as amended 

(currently codified at 50 U.S.C. app. 

2401–2420 (2000)) (the ‘‘Act’’) 1 and 

Section 766.25 of the Export 

Administration Regulations 

(‘‘Regulations’’) 2 provide, in pertinent 

part, that ‘‘[t]he Director of Exporter 

Services, in consultation with the 

Director of the Office of Export 

Enforcement, may deny export 

privileges of any person who has been 

convicted of a violation of * * * IEEPA 

and AECA,’’ for a period not to exceed 

10 years from the date of conviction. 15 

CFR 766.25(a) and (d). In addition, 

Section 750.8 of the Regulations states 

that BIS’s Office of Exporter Services 

may revoke any BIS licenses previously 

issued in which the person had an 

interest in at the time of his conviction. 

I have received notice of Xu’s 

conviction for violating the IEEPA and 

AECA, and have provided notice and an 

opportunity for Xu to make a written 

submission to the Bureau of Industry 

and Security as provided in Section 

766.25 of the Regulations. Having 

received no submission from Xu, I, 

following consultations with the Office 

of Export Enforcement, including its 

Director, have decided to deny Xu’s 

export privileges under the Regulations 

for a period of 10 years from the date of 

Xu’s conviction. I have also decided to 

revoke all licenses issued pursuant to 

the Act of Regulations in which the 

Related Persons had an interest at the 

time of Xu’s conviction. 

B. Denial of Export Privileges of Related 

Persons 

Pursuant to Sections 766.25(h) and 

766.23 of the Regulations, the Director 

of BIS’s Office of Exporter Services, in 

consultation with the Director of BIS’s 

Office of Export Enforcement, may take 

action to name persons related to a 

Respondent by ownership, control, 

position of responsibility, affiliation, or 

other connection in the conduct of trade 

or business in order to prevent evasion 

of a denial order. I gave notice to Hao 

Li Chen (a/k/a ‘‘Ali Chan’’), Kwan Chun 

Chan, (a/k/a ‘‘Jenny Chan’’) and Xiu 

Ling Chen (a/k/a ‘‘Linda Chen’’), 

notifying them that their export 

privileges under the Regulations could 

be denied for up to 10 years as BIS 

believes that they are related to Xu and 

that naming them as persons related to 

Xu would be necessary to prevent 

evasion of a denial order imposed 

against Xu. These individuals all pled 

guilty to conspiring to violate the export 

control laws in connection with the 

export of Commerce and State 

controlled electronic components to the 

People’s Republic of China without the 

required license, in violation of 18 

U.S.C. 371. Based on this conspiracy, 

Hao Li Chen was sentenced to 30 

months imprisonment, followed by two 

years of supervised release. Kwan Chun 

Chan was sentenced to two years of 

probation. Xiu Ling Chen was sentenced 

to 18 months of imprisonment, followed 

by two years of supervised release. Hao 

Li Chen, Kwan Chun Chan and Xiu Ling 

Chen are related to Xu by ownership, 

control, position of responsibility, 

affiliation, or other connection in the 

conduct of trade or business because 

they all hold positions of responsibility 

in the same corporation as Xu, which is 

the corporation through which Xu’s 

criminal violations took place. 

Having received no submission from 

the Related Persons, I have decided, 

following consultations with the Office 

of Export Enforcement, including its 

Director, to name them as related 

persons to the Xu Denial Order, thereby 

denying their export privileges for 10 

years from the date of Xu’s conviction. 

I have also decided to revoke all 

licenses issued pursuant to the Act or 

Regulations in which the Related 

Persons had an interest at the time of 

Xu’s conviction. The 10-year denial 

period ends on May 4, 2016. 

Accordingly, it is hereby ordered, 

I. Until May 4, 2016, Xu Weibo, a/k/ 

a ‘‘Kevin Xu’’, 21 Wood View Drive, Mt. 

Laurel, NJ 08504, and when acting for 

or on his behalf, his employees, agents 

or representatives, (‘‘the Denied 

Person’’) and the following persons 

related to the Denied Person as defined 

by Section 766.23 of the Regulations: 

Hao Li Chen, a/k/a ‘‘Ali Chan’’, 

currently incarcerated at: 40922–050, 

FCI Fairton, Federal Correctional 

Institution, P.O. Box 420, Fairton, NJ 

08320, and with an address at 11 Long 

Bridge Avenue, Mount Laurel, NJ 08504; 

Xiu Ling Chen, a/k/a ‘‘Linda Chen’’, 21 

Wood View Drive, Mount Laurel, NJ 

08504; and Kwan Chun Chan, a/k/a 

‘‘Jenny Chan’’, 11 Long Bridge Avenue, 

Mount Laurel, NJ 08504, and when 

acting for or on their behalf, their 

employees, agents or representatives, 

(‘‘the Related Persons’’) (together, the 

Denied Person and the Related Persons 

are ‘‘Persons Subject To This Order’’) 

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 noegotations 

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. 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 in 

any other activity subject to the 

Regulations. 

II. No person may, directly or 

indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Persons Subject To This Order 

any item subject to the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Persons Subject To This Order 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 Persons Subject 

To This Order acquires or attempts to 

acquire such ownership, possession or 

control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 


rmajette on PROD1PC64 with NOTICES
69652 Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices 

acquisition from the Persons Subject To 

This Order of any item subject to the 

Regulations that has been exported from 

the United States; 

D. Obtain from the Persons Subject To 

This Order 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 Persons 

Subject To This Order, or service any 

item, of whatever origin, that is owned, 

possessed or controlled by the Persons 

Subject To This Order 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. 

III. In addition to the Related Person 

named above, after notice and 

opportunity for comment as provided in 

section 766.23 of the Regulations, any 

other person, firm, corporation, or 

business organization related to Xu 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 if necessary to prevent evasion of 

the Order. 

IV. 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 foreignproduced direct product of U.S.-origin 

technology. 

V. This Order is effective immediately 

and shall remain in effect until May 4, 

2016. 

VI. In accordance with part 756 of the 

Regulations, Xu 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. 

VII. In accordance with part 756 of the 

Regulations, the related persons may 

also file an appeal of this Order with the 

Under Secretary of Commerce for 

Industry and Security. 

VIII. A copy of this Order shall be 

delivered to Xu and the Related Persons. 

This Order shall be published in the 

Federal Register. 

Dated: November 27, 2007. 

Eileen M. Albanese, 

Director, Office of Exporter Services. 

[FR Doc. 07–5987 Filed 12–07–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Proposed Information Collection; 

Comment Request; Application for the 

President’s ‘‘E’’ and ‘‘E STAR’’ Awards 

for Export Expansion 

AGENCY: International Trade 

Administration (ITA). 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted on or before February 8, 2008. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 6625, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument and instructions should be 

directed to Jennifer Kirsch, 

Jennifer.Kirsch@mail.doc.gov, phone 

(202) 482–5449, fax (202) 482–5362. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The President’s ‘‘E’’ Award for 

Excellence in Exporting is our nation’s 

highest award to honor American 

exporters. ‘‘E’’ Awards recognize firms 

and organizations for their competitive 

achievements in world markets, as well 

as the benefits of their success to the 

U.S. economy. The President’s ‘‘E 

STAR’’ Award recognizes the sustained 

superior international marketing 

performance of ‘‘E’’ Award winners. 

II. Method of Collection 

The application form is available on 

the Internet. Applicants are required to 

submit one electronic version and one 

hard copy. 

III. Data 

OMB Control Number: 0625–0065. 

Form Number(s): ITA–725P. 

Type of Review: Regular submission. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

10. 

Estimated Time Per Response: 20 

hours. 

Estimated Total Annual Burden 

Hours: 200. 

Estimated Total Annual Cost to 

Public: $0. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: December 4, 2007. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. E7–23848 Filed 12–7–07; 8:45 am] 

BILLING CODE 3510–FP–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic from the People’s 

Republic of China: Notice of 

Preliminary Results and Preliminary 

Partial Rescission of the Twelfth 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(‘‘Department’’) is conducting an 

administrative review of the 

antidumping duty order on fresh garlic 

from the People’s Republic of China 

(‘‘PRC’’) covering the period of review 

(‘‘POR’’) of November 1, 2005, through 

October 31, 2006. As discussed below, 

we preliminarily determine that certain 

respondents in this review made sales 

in the United States at prices below 


rmajette on PROD1PC64 with NOTICES