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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations
Pursuant to 744.11b of the EAR, the ERC has determined that the conduct of these five entities raises sufficient concern that prior review of exports, reexports or transfers incountry of all items subject to the EAR
involving these entities, and the possible imposition of license conditions or license denials on shipments to these entities, will enhance BISs ability to prevent items subject to the EAR from being used in activities contrary to the foreign policy interests of the United States.
For the five entities identified above that are being added to the Entity List, BIS imposes a license requirement for all items subject to the EAR and a license review policy of case-by-case review for Export Control Classification Numbers ECCNs 1A004.c, 1A004.d, 1A995, 1A999.a, 1D003, 2A983, 2D983, and 2E983. A policy of case-by-case review also applies to items designated as EAR99 that are described in the Note to ECCN 1A995, specifically, items for protection against chemical or biological agents that are consumer goods, packaged for retail sale or personal use, or medical products. Additionally, in light of the current global pandemic, BIS
has adopted a policy of case-by-case review for items subject to the EAR that are necessary to detect, identify and treat infectious disease. BIS has adopted a license review policy of presumption of denial for all other items subject to the EAR. In addition, no license exceptions are available for exports, reexports, or transfers in-country to the entities being added to the Entity List in this rule. The acronym a.k.a. or also known as is used in entries on the Entity List to identify aliases, thereby assisting exporters, reexporters and transferors in identifying entities on the Entity List.
This final rule adds the following five entities to the Entity List:

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Peoples Republic of China Hoshine Silicon Industry Shanshan Co., Ltd.;
Xinjiang Daqo New Energy, Co. Ltd;
Xinjiang East Hope Nonferrous Metals Co. Ltd.;
Xinjiang GCL New Energy Material Technology, Co. Ltd; and Xinjiang Production and Construction Corps.
Savings Clause Shipments of items removed from eligibility for a License Exception or for export or reexport without a license
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NLR as a result of this regulatory action that were en route aboard a carrier to a port of export, reexport, or transfer in-country on June 24, 2021, pursuant to actual orders for export, reexport, or transfer in-country to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license NLR.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018
ECRA, 50 U.S.C. Sections 48014852.
ECRA provides the legal basis for BISs principal authorities and serves as the authority under which BIS issues this rule.
Rulemaking Requirements Executive Orders 13563 and 12866
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866.
Notwithstanding any other provision of law, no person is required to respond to or 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 regulation involves collections previously approved by OMB under control number 06940088, Simplified Network Application Processing System, which includes, among other things, license applications, and carries a burden estimate of 29.6 minutes for a manual or electronic submission. Total burden hours associated with the PRA
and OMB control number 06940088
are not expected to increase as a result of this rule.

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This rule does not contain policies with federalism implications as that term is defined in Executive Order 13132.
Pursuant to section 1762 of the Export Control Reform Act of 2018, this action is exempt from the Administrative Procedure Act 5 U.S.C. 553
requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.
Because a notice of proposed rulemaking and an opportunity for public comment are not required for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations 15 CFR
parts 730774 is amended as follows:
PART 744AMENDED
1. The authority citation for 15 CFR
part 744 continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR
45167, 3 CFR, 1998 Comp., p. 208; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001
Comp., p. 786; Notice of September 18, 2020, 85 FR 59641 September 22, 2020; Notice of November 12, 2020, 85 FR 72897 November 13, 2020.

2. Supplement No. 4 to part 744 is amended under CHINA, PEOPLES
REPUBLIC OF, by adding in alphabetical order, entries for Hoshine Silicon Industry Shanshan Co., Ltd., Xinjiang Daqo New Energy, Co. Ltd, Xinjiang East Hope Nonferrous Metals Co. Ltd., Xinjiang GCL New Energy Material Technology, Co. Ltd, and Xinjiang Production and Construction Corps.
The additions read as follows:

Supplement No. 4 to Part 744Entity List

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