59598 Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Notices 

consumption, and choose the duty–free 

rate that applies to the finished 

polysilicon for the foreign inputs used 

in production. The company may also 

realize certain logistical/procedural 

savings related to weekly entry and 

direct delivery procedures, as well as 

savings on materials that become scrap/ 

waste during manufacturing. The 

application indicates that FTZ 

procedures would help improve the 

plant’s international competitiveness. 

In accordance with the Board’s 

regulations, Diane Finver of the FTZ 

staff is designated examiner to 

investigate the application and report to 

the Board. 

Public comment 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 December 8, 2008. 

Rebuttal comments in response to 

material submitted during the foregoing 

period may be submitted during the 

subsequent 15-day period (to December 

23, 2008). 

A copy of the application will be 

available for public inspection at each of 

the following locations: U.S. 

Department of Commerce Export 

Assistance Center, 700 W. State Street, 

2nd floor, Boise, Idaho 83720; and, 

Office of the Executive Secretary, 

Foreign–Trade Zones Board, Room 

2111, U.S. Department of Commerce, 

1401 Constitution Avenue, NW, 

Washington, D.C. 20230–0002. 

For further information, contact Diane 

Finver at DianelFinver@ita.doc.gov or 

(202) 482–1367. 

Dated: October 3, 2008. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E8–24024 Filed 10–8–04; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1577] 

Grant of Authority for Subzone Status; 

Noramco, Inc. (Pharmaceutical 

Intermediates), Athens, GA 

Pursuant to its authority under the ForeignTrade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), the ForeignTrade Zones Board (the Board) adopts the 

following Order: 

Whereas, the Foreign-Trade Zones 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 

Foreign-Trade 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 special-purpose 

subzones when existing zone facilities 

cannot serve the specific use involved, 

and when the activity results in a 

significant public benefit and is in the 

public interest; 

Whereas, the Georgia Foreign Trade 

Zone, Inc., grantee of FTZ 26, has made 

application to the Board for authority to 

establish special-purpose subzone status 

at the pharmaceutical intermediate 

manufacturing plant of Noramco, Inc., 

located in Athens, Georgia (FTZ Docket 

23–2008, filed 4/3/08); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (73 FR 20247, 4/15/08); and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and the 

Board’s regulations are satisfied, and 

that approval of the application is in the 

public interest; 

Now, therefore, the Board hereby 

grants authority for subzone status for 

activity related to a prescription 

pharmaceutical intermediate product at 

the Noramco, Inc., facility located in 

Athens, Georgia (Subzone 26K), as 

described in the application and 

Federal Register notice, and subject to 

the FTZ Act and the Board’s regulations, 

including Section 400.28. 

Signed at Washington, DC, this 1st day of 

October 2008. 

David M. Spooner, 

Assistant Secretary of Commerce for Import 

Administration, Alternate Chairman, ForeignTrade Zones Board. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E8–23888 Filed 10–8–08; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign–Trade Zones Board 

Order No. 1575 

Termination of Foreign–Trade Subzone 

61G, Carolina, Puerto Rico 

Pursuant to the authority granted in the 

Foreign–Trade Zones Act of June 18, 1934, as 

amended (19 U.S.C. 81a–81u), and the 

Foreign–Trade Zones Board Regulations (15 

CFR Part 400), the Foreign–Trade Zones 

Board has adopted the following order: 

Whereas, on November 28, 1995, the 

Foreign–Trade Zones Board issued a 

grant of authority to the Puerto Rico 

Trade and Export Company (PRTEC) 

authorizing the establishment of 

Foreign–Trade Subzone 61G at the IPR 

Pharmaceuticals, Inc. facility, Carolina, 

Puerto Rico (Board Order 787, 60 FR 

63499, 12/11/95); 

Whereas, PRTEC has advised the 

Board that zone procedures are no 

longer needed at the facility and 

requested voluntary termination of 

Subzone 61G (FTZ Docket 18–2008); 

Whereas, the request has been 

reviewed by the FTZ Staff and U.S. 

Customs and Border Protection officials, 

and approval has been recommended; 

Now, therefore, the Foreign–Trade 

Zones Board terminates the subzone 

status of Subzone 61G, effective this 

date. 

Signed at Washington, DC, this 18th day of 

September 2008. 

David M. Spooner, 

Assistant Secretary of Commerce for Import 

Administration, Alternate Chairman, 

Foreign–Trade Zones Board. 

Attest: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E8–24026 Filed 10–8–08; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Philip Cheng 

In the Matter of: Philip Cheng, currently 

incarcerated at: Registration Number 10105– 

111 FCI, Terminal Island, Federal 

Correctional Institution, P.O. Box 3007, San 

Pedro, CA 90731; and with an address at: 

7654 Peach Blossom Drive, Cupertino, CA 

95014. 

Order Denying Export Privileges 

On December 3, 2007, in the U.S. 

District Court for Northern District of 

California, Philip Cheng (‘‘Cheng’’) pled 

guilty to and was convicted of violating 

Section 38 of the Arms Export Control 

Act (22 U.S.C. 2778 (2000)). Cheng pled 

guilty to willfully engaging in brokering 

activities in facilitating the export and 

transfer of defense articles and defense 

services, specifically the brokering of 

the export of thermal imaging and 

infrared technology controlled under 22 

CFR 121.1, Category XII(c), without 

having registered with and obtained the 

required authorization from the 

Department of State. Cheng was 

sentenced to 24 months imprisonment, 

followed by three years of supervised 

release, and ordered to pay a $50,000 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 197 / Thursday, October 9, 2008 / Notices 59599 

1The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR Parts 730– 

774 (2008). The Regulations issued pursuant to the 

EAA, which is currently codified at 50 U.S.C. app. 

§ 2401–2420 (2000). Since August 21, 2001, the 

EAA has been in lapse and the President, through 

Executive Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp. 783 (2002)), which has been extended 

by successive Presidential Notices, the most recent 

being that of July 23, 2008 (73 FR 43603, July 25, 

2008), has continued the Regulations in effect under 

the International Emergency Economic Powers Act 

(50 U.S.C. 1701–1706 (2000)). 

fine and a $100.00 special assessment 

fee. 

Section 766.25 of the Export 

Administration Regulations (‘‘EAR’’ or 

‘‘Regulations’’) 1 provides, 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 the [Export 

Administration Act (‘‘EAA’’)], the EAR, 

of any order, license or authorization 

issued thereunder; any regulation, 

license, or order issued under the 

International Emergency Economic 

Powers Act (50 U.S.C. 170 1–1706); 18 

U.S.C. 793, 794 or 798; section 4(b) of 

the Internal Security Act of 1950 (50 

U.S.C. 783(b)), or section 38 of the Arms 

Export Control Act (22 U.S.C. 2778).’’ 15 

CFR 766.25(a); see also Section 11(h) of 

the EAA, 50 U.S.C. app. § 2410(h). The 

denial of export privileges under this 

provision may be for a period of up to 

10 years from the date of the conviction. 

15 CFR 766.25(d); see also 50 U.S.C. 

app. § 24 10(h). In addition, Section 

750.8 of the Regulations states that the 

Bureau of Industry and Security’s Office 

of Exporter Services may revoke any 

Bureau of Industry and Security (‘‘BIS’’) 

licenses previously issued in which the 

person had an interest in at the time of 

his conviction. 

I have received notice of Cheng’s 

conviction for violating the AECA, and 

have provided notice and an 

opportunity for Cheng to make a written 

submission to BIS, as provided in 

Section 766.25 of the Regulations. I have 

received a submission from Cheng. 

Based upon my review and 

consideration of that submission, my 

consultations with BIS’s Office of 

Export Enforcement, including its 

Director, and the facts available to BIS, 

I have decided to deny Cheng’s export 

privileges under the Regulations for a 

period of eight years from the date of 

Cheng’s conviction. 

Accordingly, it is hereby ordered: 

I. Until December 3, 2015, Philip 

Cheng, currently incarcerated at 

Registration Number 10105–111, FCI 

Terminal Island, Federal Correctional 

Institution, P.O. Box 3007, San Pedro, 

CA 90731, and with an address at: 7654 

Peach Blossom Drive, Cupertino, CA 

95014, and when acting for or on behalf 

of Cheng, 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. 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 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. 

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 Philip Cheng 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 foreign produced 

direct product of U.S.-origin technology. 

V. This Order is effective immediately 

and shall remain in effect until 

December 3, 2015. 

VI. In accordance with Part 756 of the 

Regulations, Cheng 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 Cheng. This Order shall be 

published in the Federal Register. 

Dated: September 29, 2008. 

Bernard Kritzer, 

Director, Office of Exporter Services. 

[FR Doc. E8–23795 Filed 10–8–08; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Galaxy Aviation Trade Co. Ltd., et al.; 

Final Decision and Order 

In the Matter of: 

Galaxy Aviation Trade Company Ltd., 15 

Moreland Court, Lyndale Avenue, Finchley 

Road, London, UK, NW2 2PJ. 

Hooshang Seddigh, 15 Moreland Court, 

Lyndale Avenue, Finchley Road, London, 

UK, NW2 2PJ. 

Hamid Shaken Hendi, 5th Floor, 23 Nafisi 

Avenue, Shahrak Ekbatan, Karaj Special 

Road, Tehran, Iran. 

Hossein Jahan Peyma, 2/1 Makran Cross, 

Heravi Square, Moghan Aye, Pasdaran 

Cross, Tehran, Iran. 

Appellants; Final Decision and Order. 


sroberts on PROD1PC70 with NOTICES