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28674 Federal Register / Vol. 72, No.

98 / Tuesday, May 22, 2007 / Notices

OMB Desk Officer: David Rostker, Conservation of Atlantic Tunas and the interest to prevent an imminent
(202) 395–3897. Inter-American Tropical Tuna violation of the EAR.
Copies of the above information Commission.
collection proposal can be obtained by Affected Public: Business or other for- I. Legal Standard
calling or writing Diana Hynek, profit organizations. Pursuant to § 766.24(b) of the EAR,
Departmental Paperwork Clearance Frequency: Daily, biweekly, on the Assistant Secretary may issue a TDO
Officer, (202) 482–0266, Department of occasion and annually. ‘‘upon a showing by BIS that the order
Commerce, Room 6625, 14th and Respondent’s Obligation: Mandatory. is necessary in the public interest to
Constitution Avenue, NW., Washington, OMB Desk Officer: David Rostker,
prevent an imminent violation of the
DC 20230 (or via the Internet at (202) 395–3897.
* * * EAR.’’ ‘‘A violation may be
dHynek@doc.gov). Copies of the above information
‘imminent’ either in time or in degree of
Written comments and collection proposal can be obtained by
likelihood.’’ 15 CFR 766.24(b)(3). This
recommendations for the proposed calling or writing Diana Hynek,
includes a violation that ‘‘is about to
information collection should be sent Departmental Paperwork Clearance
occur, or that the general circumstances
within 30 days of publication of this Officer, (202) 482–0266, Department of
of the matter under investigation or case
notice to David Rostker, OMB Desk Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington, under criminal or administrative
Officer, FAX number (202) 395–7285, or
DC 20230 (or via the Internet at charges demonstrate a likelihood of
David_Rostker@omb.eop.gov.
dHynek@doc.gov). future violations.’’ Id. Significant,
Dated: May 16, 2007. deliberate, and covert violations are
Gwellnar Banks,
Written comments and
recommendations for the proposed more probative of imminence and the
Management Analyst, Office of the Chief likelihood of future violations than
Information Officer.
information collection should be sent
within 30 days of publication of this lesser technical ones. Id. A ‘‘lack of
[FR Doc. E7–9770 Filed 5–21–07; 8:45 am] information establishing the precise
notice to David Rostker, OMB Desk
BILLING CODE 3510–22–P
Officer, FAX number (202) 395–7285, or time a violation may occur does not
David_Rostker@omb.eop.gov. preclude a finding that a violation is
imminent, so long as there is sufficient
DEPARTMENT OF COMMERCE Dated: May 16, 2007. reason to believe the likelihood of a
Gwellnar Banks, violation.’’ Id.
Submission for OMB Review; Management Analyst, Office of the Chief
Comment Request Information Officer. II. Findings
The Department of Commerce will [FR Doc. E7–9772 Filed 5–21–07; 8:45 am]
Respondent has been under a
submit to the Office of Management and BILLING CODE 3510–22–P
temporary denial order since May 12,
Budget (OMB) for clearance the 2006 for his role in selling and shipping
following proposal for collection of items subject to the EAR to end-users in
information under the provisions of the DEPARTMENT OF COMMERCE
China who are engaged in the design,
Paperwork Reduction Act (44 U.S.C. Bureau of Industry and Security development, production and use of
Chapter 35). cruise missile systems without the
Agency: National Oceanic and Action Affecting Export Privileges; Bill required export licenses. On May 24,
Atmospheric Administration (NOAA). Chen, aka Yueqiang Chen; In the 2006, the Respondent was indicated by
Title: Highly Migratory Species Dealer Matter of: Bill Chen, AKA Yueqiang a federal grand in the Northern District
Reporting Family of Forms. Chen, Manager, Data Physics China, of California for violating the EAR in
Form Number(s): None. RM. 1509, Building 2, Xinquduan connection with five unlicensed
OMB Approval Number: 0648–0040. Jiayan, No. 5 Changchunquia Road,
Type of Request: Regular submission. exports, occurring as early as January
Haidian District, Beijing, P.R. China, 22, 2003 and as recently as July 3, 2005,
Burden Hours: 6,148.
Number of Respondents: 1,751. 100089 and 615 Blossom Hill Road, to end-users in China knowing that such
Average Hours Per Response: #17, Los Gatos, CA 95032, items would be used in the design,
Biweekly reports, 15 minutes (3 minutes Respondent: Order Temporarily development, production, and use of
for negative reporting); application for Denying Export Privileges missiles. On April 6, 2007, Mr. Chen
nongovernmental validation submitted a declaration that he would
Pursuant to Section 766.24 of the
authorization, 2 hours; daily landing assert his Fifth Amendment privilege
Export Administration Regulations
reports, 2 minutes; daily tagging, 1 against self incrimination in connection
(‘‘EAR’’),1 I hereby grant the Bureau of
minute; and statistical documents and with any questions that would be raised
Industry and Security’s request for an
re-export certificates, 18 minutes. during his deposition in a related
Order Temporarily Denying the Export
Needs and Uses: This information administrative proceeding. Then, on
Privileges of Respondent, Bill Chen aka
collection consists of a mandatory April 30, 2007, a U.S. Magistrate Judge
Yueqiang Chen, for 180 days as I find
dealer reporting program for domestic granted Respondent’s request to travel
that the TDO is necessary in the public
landings and international trade of to China to visit ailing family members
highly migratory species. The catch and 1 15 CFR Parts 730–774 (2007). The EAR are while the indictment is pending against
trade monitoring is required under issued under the Export Administration Act of him. Based upon this authorization, Mr.
provisions of the Atlantic Tunas 1979, as amended (50 U.S.C. app. § 2401–2420 Chen has departed for China and is
(2000)) (‘‘EAA’’). Since August 21, 2001, the EAA scheduled return in late May 2007.
Convention Act, Tunas Convention Act, has been in lapse and the President, through
and the Magnuson-Stevens Fishery Executive Order 13222 of August 17, 2001 (3 CFR
While Mr. Chen has been placed on
jlentini on PROD1PC65 with NOTICES

Conservation and Management Act. 2001 Comp. 783 (2002)), as extended most recently administrative leave, he remains an
Information collected through this by the Notice of August 3, 2006 (71 FR 44551, employee of Data Physics. Additionally,
(August 7, 2006)), has continued the EAR in effect BIS has submitted evidence to me that
program is essential for the United under the International Emergency Economic
States to meet its reporting obligations Powers Act (50 U.S.C. § 1701–1706 (2000))
shows that Respondent has played a
to the International Commission for the (‘‘IEEPA’’). role in selling items subject to the EAR

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Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Notices 28675

to entities in China on BIS’s Entity List acquires or attempts to acquire such Entered this 16th day of May, 2007.
without the required export licenses.2 ownership, possession or control; Darryl W. Jackson,
I find that the evidence presented by C. Take any action to acquire from or Assistant Secretary of Commerce for Export
BIS demonstrates that the Respondent to facilitate the acquisition or attempted Enforcement.
has violated the EAR, that such acquisition from the Denied Person of [FR Doc. 07–2525 Filed 5–21–07; 8:45 am]
violations have been significant, any item subject to the EAR that has BILLING CODE 3510–DT–M
deliberate and covert, and that there is been exported from the United States;
a likelihood of future violations. D. Obtain from the Denied Person in
Accordingly, I find that issuing a TDO the Untied states any item subject to the DEPARTMENT OF COMMERCE.
against Bill Chen for 180 days is EAR with knowledge or reason to know
necessary in the public interest to that the item will be, or is intended to International Trade Administration
prevent an imminent violation of the be, exported from the United States; or [A–122–840]
EAR. E. Engage in any transaction to service
any item subject to the EAR that has Carbon and Certain Alloy Steel Wire
III. Order Rod From Canada: Extension of Time
been or will be exported from the
It is Therefore Ordered: United States and which is owned, Limit for Preliminary Results of
First, that the Respondent, BILL possessed or controlled by the Denied Antidumping Duty Administrative
CHEN, AKA Yueqiang Chen, of Data Person, or service any item, or whatever Review
Physics China, RM. 1509, Building 2, origin, that is owned, possessed or AGENCY: Import Administration,
Xinquduan Jiayan, No. 5 controlled by the Denied Person if such International Trade Administration,
Changchunquia Road, Haidian District, service involves the use of any item Department of Commerce.
Beijing, P.R. China, 100089 and of 615 subject to the EAR that has been or will EFFECTIVE DATE: May 22, 2007.
Blossom Hill Road, #17, Los Gatos, be exported from the United States. For
California 95032 (the ‘‘Denied Person’’), FOR FURTHER INFORMATION CONTACT:
purposes of this paragraph, servicing
may not, directly or indirectly, means installation, maintenance, repair, Shane Subler, AD/CVD Operations,
participate in any way in any Office 1, Import Administration,
modification or testing.
transaction involving any commodity, International Trade Administration,
Third, that, after notice and
software or technology (hereinafter U.S. Department of Commerce, 14th
opportunity for comment as provided in
collectively referred to as ‘‘item’’) Street and Constitution Avenue, NW,
section 766.23 of the EAR, any other
exported or to be exported from the Washington, DC 20230; telephone: (202)
person, firm, corporation, or business
United States that is subject to the 482–0189.
organization related to any of the
Export Administration Regulations SUPPLEMENTARY INFORMATION:
Denied Person by affiliation, ownership,
(‘‘EAR’’), or in any other activity subject control, or position of responsibility in Background
to the EAR, including, but not limited the conduct of trade or related services On November 27, 2006, the
to: may also be made subject to the Department of Commerce (the
A. Applying for, obtaining, or using provisions of this Order. Department) published its notice of
any license, License Exception, or Fourth, that this Order does not initiation of an antidumping duty
export control document; prohibit any export, reexport, or other administrative review on carbon and
B. Carrying on negotiations transaction subject to the EAR where the certain alloy steel wire rod from Canada.
concerning, or ordering, buying, only items involved that are subject to See Initiation of Antidumping and
receiving, using, selling, delivering, the EAR are the foreign-produced direct Countervailing Duty Administrative
storing, disposing of, forwarding, product of U.S.-origin technology. Reviews and Request for Revocation in
transporting, financing, or otherwise In accordance with the provisions of Part, 71 FR 68535 (November 27, 2006).
servicing in any way, any transaction Section 766.24(e) of the EAR, the The preliminary results of this
involving any item exported or to be Respondent may, at any time, appeal administrative review are currently due
exported from the United States that is this Order by filing a full written on July 3, 2007.
subject to the EAR, or in any other statement in support of the appeal with
activity subject to the EAR; or the Office of the Administrative Law Extension of Time Limit for Preliminary
C. Benefiting in any way from any Judge, U.S. Coast Guard ALJ Docketing Results
transaction involving any item exported Center, 40 South Gay Street, Baltimore, Pursuant to section 751(a)(3)(A) of the
or to be exported from the United States Maryland 21202–4022. Tariff Act of 1930, as amended (the Act),
that is subject to the EAR, or in any In accordance with the provisions of the Department shall issue preliminary
other activity subject to the EAR. Section 766.24(d) of the EAR, BIS may results in an administrative review of an
Second, that no person may, directly seek renewal of this Order by filing a antidumping duty order within 245
or indirectly, do any of the following: written request not later than 20 days days after the last day of the anniversary
A. Export or reexport to or on behalf before the expiration date. The month of the date of publication of the
of the Denied Person any item subject to Respondent may oppose a request to order for which a review is requested
the EAR; renew this Order by filing a written and the final results within 120 days
B. Take any action that facilitates the submission with the Assistant Secretary after the date on which the preliminary
acquisition or attempted acquisition by of Commerce for Export Enforcement, results are published. However, if it is
the Denied Person of the ownership, which must be received not later than not practicable to complete the review
possession, or control to the EAR that seven days before the expiration date of within the specified time periods,
has been or will be exported from the the Order. section 751(a)(3)(A) of the Act allows
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United States, including financing or A copy of this order shall be served the Department to extend these
other support activities related to a on the Respondent and shall be deadlines to a maximum of 365 days
transaction whereby the Denied Person published in the Federal Register. and 180 days, respectively.
This Order is effective immediately Completion of the preliminary results
2 15 CFR 744 Supplement No. 4. and shall remain in effect for 180 days. within the originally anticipated time

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