[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Rules and Regulations]
[Pages 25763-25765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11024]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 100205080-0187-01]
RIN 0694-AE87
Addition to the List of Validated End-Users: Advanced Micro
Devices China, Inc.
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to add an end-user
to the list of validated end-users in the People's Republic of China
(PRC). Exports, reexports and transfers (in-country) of certain items
to three facilities of this end-user are now authorized under
Authorization Validated End-User (VEU).
DATES: This rule is effective May 10, 2010. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE87, by any
of the following methods:
E-mail: [email protected] Include ``RIN 0694-AE87'' in the
subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. Department
of Commerce, Bureau of Industry and Security, Regulatory Policy
Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, Attn: RIN 0694-AE87.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
[email protected] or by fax to (202) 395-7285. Comments
on this collection of information should be submitted separately from
comments on the final rule (i.e., RIN 0694-AE87)--all comments on the
latter should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Susan Kramer, Acting Chairman, End-
User Review Committee, Bureau of Industry and Security, U.S. Department
[[Page 25764]]
of Commerce, 14th Street & Pennsylvania Avenue, NW., Washington, DC
20230; by telephone (202) 482-0117, or by e-mail to
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User (VEU): The List of Approved End-Users,
Eligible Items and Destinations in the People's Republic of China (PRC)
Consistent with U.S. Government policy to facilitate trade for
civilian end-users in the PRC, BIS amended the EAR in a final rule on
June 19, 2007 (72 FR 33646) by creating a new authorization for
``validated end-users'' located in eligible destinations to which
eligible items may be exported, reexported or transferred under a
general authorization instead of an individually validated license, in
conformance with Section 748.15 of the EAR. Validated end-users may
obtain eligible items that are on the Commerce Control List without
having to wait for their suppliers to obtain export or reexport
licenses from BIS. Eligible items include commodities, software and
technology, except those controlled for missile technology or crime
control reasons. Authorization VEU may be used by U.S. and foreign
reexporters, and does not have an expiration date.
Authorization VEU is a mechanism to facilitate increased high-
technology exports to companies that have a verifiable record of
civilian uses for such items. The validated end-users listed in
Supplement No. 7 to Part 748 were reviewed and approved by the U.S.
Government in accordance with the provisions of Section 748.15 and
Supplement Nos. 8 and 9 to Part 748 of the EAR. Currently, validated
end-users may be located in the PRC and India.
Additional Validated End-User in the PRC and Its Respective ``Eligible
Items (By ECCN)'' and ``Eligible Destination''
This final rule amends Supplement No. 7 to Part 748 of the EAR to
identify the eligible facilities in the PRC of a company that has been
designated a validated end-user, and to identify the items that may be
exported, reexported or transferred (in-country) to the specified
eligible facilities under Authorization VEU. The names and addresses of
the newly approved validated end-user and its three eligible facilities
are as follows:
Validated End-User
Advanced Micro Devices China, Inc.
Eligible Destinations
AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou,
China 215021.
Advanced Micro Devices (Shanghai) Co., Ltd., Riverfront Harbor,
Building 48, Zhangjiang Hi-Tech Park, 1387 Zhangdong Rd., Pudong,
Shanghai, 201203.
AMD Technology Development (Beijing) Co., Ltd., 18F, North
Building, Raycom Infotech Park Tower C, No. 2 Science Institute South
Rd., Zhong Guan Cun, Haidian District, Beijing, China 100190.
The eligible items that may be sent to these facilities under
Authorization VEU are classified under Export Control Classification
Numbers (ECCNs) 3D002, 3D003, 3E001 (as it applies to ``technology''
for items classified under 3B001, 3B002, 3C002 and 3C004), 3E002,
3E003.e (limited to the ``development'' and ``production'' of
integrated circuits for commercial applications), 4D001, 4D002, 4D003
and 4E001 (applicable to the ``development'' of products under ECCN
4A003). This authorization was made based on an application submitted
to BIS, which was reviewed by the interagency End-User Review
Committee.
Approving this end-user as a validated end-user and these three
facilities is expected to further facilitate exports to civilian end-
users in the PRC, and is expected to result in a significant savings of
time and resources for suppliers and the eligible facilities.
Authorization VEU eliminates the burden on exporters and reexporters of
preparing individual license applications, because exports, reexports,
and transfers (in-country) of eligible items to these facilities may
now be made under general authorization instead of under license.
Exporters and reexporters may now supply validated end-users much more
quickly, thus enhancing the competitiveness of the exporters,
reexporters, and end-users in the PRC.
To ensure appropriate facilitation of exports and reexports, on-
site reviews of the validated end-users may be warranted pursuant to
paragraph 748.15(f)(2) and Section 7(iv) of Supplement No. 8 to Part
748 of the EAR. If such reviews are warranted, BIS will inform the PRC
Ministry of Commerce.
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by
the Notice of August 13, 2009 (74 FR 41325 (August 14, 2009), has
continued the EAR in effect under the International Emergency Economic
Powers Act. BIS continues to carry out the provisions of the Act, as
appropriate and to the extent permitted by law, pursuant to Executive
Order 13222.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
2. Notwithstanding any other provisions of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This rule involves
collections previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748; and for
recordkeeping, reporting and review requirements in connection with
Authorization Validated End-User, which carries and estimated burden of
30 minutes per submission. This rule is expected to result in a
decrease in license applications submitted to BIS. Total burden hours
associated with the Paperwork Reduction Act and Office of Management
and Budget control number 0694-0088 are not expected to increase
significantly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to 5 U.S.C. 553(a)(1), notice of proposed rulemaking,
the opportunity for public participation and a delay in effective date
are inapplicable because this regulation involves a military and
foreign affairs function of the United States. Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this rule is issued in final form. Although there is no formal comment
period, public comments on this regulation are welcome on a continuing
basis. Comments should be
[[Page 25765]]
submitted to Sheila Quarterman, Regulatory Policy Division, Bureau of
Industry and Security, U.S. Department of Commerce, 14th Street &
Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 748 of the Export Administrative Regulations (15 CFR
Parts 730-774) is amended as follows:
PART 748--[AMENDED]
0
1. The authority citation for 15 CFR Part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 13, 2009, 74
FR 41325 (August 14, 2009).
0
2. Supplement No. 7 to Part 748 is amended by adding one entry for
``China (People's Republic of)'' in alphabetical order to read as
follows:
SUPPLEMENT NO. 7 TO PART 748--AUTHORIZATION VALIDATED END-USER (VEU);
LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT,
REEXPORT AND TRANSFER AND ELIGIBLE DESTINATIONS
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Country Validated end-user Eligible items (by ECCN) Eligible destination
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China (People's Republic of)..... Advanced Micro 3D002, 3D003, 3E001 (as it applies AMD Technologies
Devices China, Inc to ``technology'' for items (China) Co., Ltd
classified under 3B001, 3B002, No. 88, Su Tong
3C002 and 3C004), 3E002, 3E003.e Road, Suzhou, China
(limited to the ``development'' 215021.
and ``production'' of integrated Advanced Micro
circuits for commercial Devices (Shanghai)
applications), 4D001, 4D002, Co., Ltd.
4D003 and 4E001 (applicable to Riverfront Harbor,
the ``development'' of products Building 48,
under ECCN 4A003). Zhangjiang Hi-Tech
Park 1387 Zhangdong
Rd., Pudong,
Shanghai, 201203.
AMD Technology
Development
(Beijing) Co., Ltd.
18F, North Building
Raycom Infotech
Park Tower C, No. 2
Science Institute
South Rd., Zhong
Guan Cun, Haidian
District, Beijing,
China 100190.
* * * * * * *
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Dated: May 3, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-11024 Filed 5-7-10; 8:45 am]
BILLING CODE 3510-33-P