Commerce Department, Industry and Security Bureau
Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Commerce Bureau of Industry and Security [11-BIS-0005] This matter is before me upon a Recommended Decision and Order (“RDO”) of an Administrative Law Judge (“ALJ”), as further described below. [ 1 ] I. Background On July 11, 2011, the Bureau of Industry and Security (“BIS”) issued a Charging Letter alleging that Respondent, Enterysys Corporation, of San Jose, California and Secunderabad, India (“Enterysys” or “Respondent”), committed sixteen violations of the Export Administration Regulations (“Regulations”), [ 2 ] issued pursuant to the Export Administration Act of 1979, as amended (50 U.S.C. app. 2401-2420 (2000)) (“Act”). [ 3 ] The Charging Letter included the following specific allegations: In accordance with § 766.3(b)(1) of the Regulations, on July 11, 2011, BIS mailed the notice of issuance of the Charging Letter to Enterysys at Enterysys's two last known locations: one in California, by certified mail, and one in India, by registered mail. RDO at 5. BIS received a signed return receipt showing that Respondent received the Charging Letter in California by certified mail on July 26, 2011. Id. BIS also received a return receipt for international mail showing that the Respondent received the Charging Letter in India by registered mail. Id. Although the date on the registered mail return receipt is difficult to discern, it appears to be July 25, 2011. Id. at 5-6. …
Citation: 77 FR 74458
