VZCZCXYZ0011
RR RUEHWEB
DE RUEHHK #1664 1720726
ZNR UUUUU ZZH
R 210726Z JUN 07
FM AMCONSUL HONG KONG
TO RUCPDOC/USDOC WASHDC
INFO RUEHC/SECSTATE WASHDC 2037
RHMFIUU/HQ BICE WASHINGTON DC
UNCLAS HONG KONG 001664
SIPDIS
USDOC FOR 532/OEA/LHINES/DFARROW
USDOC FOR 3132 FOR FCS/OIO REGIONAL DIRECTOR
WILLIAM ZARIT
BICE FOR OFFICE OF STRATEGIC INVESTIGATIONS
BEIJING FOR FCS JEANETTE CHU
SIPDIS
E.O. 12958: N/A
TAGS: BMGT BEXP HK ETRD ETTC
SUBJECT: EXTRANCHECK: POST SHIPMENT VERIFICATION:
ERQIANG TECHNOLOGY (H.K.)
REF: A) USDOC 06595 B) USDOC 03921 C) HK 00038 D)
D368037 E) HK 00082
1.Unauthorized disclosure of the information
provided below is prohibited by Section 12C of the
Export Administration Act.
2. As per reftel B request and at the direction of
the Office of Enforcement Analysis (OEA) of the
USDOC Bureau of Industry and Security (BIS),
Export Control Officer Philip Ankel (ECO)
conducted a post-shipment verification of a
shipment bound for Erqiang Technology (H.K.)
(Erqiang), Flat 1105, Block B, Ching Lai Court 264
Lai King Hill Road, Kowloon, Hong Kong. The item
in question is five ring polyphenyl ether,
classified under Export Control Classification
Number (ECCN) 1C006 and controlled for national
security (NS) reasons. The item was shipped
pursuant to Commerce Department license D368037.
The exporter was Arch Technology Holding LLC of
St. Charles, Missouri.
3. Erqiang and this particular shipment was the
subject of a pre-license check referenced in
reftel C. In reftel C, the ECO provided a
detailed corporate description of the proposed
end-user and that company's relationship with
Erqiang. In particular, the ECO noted that the
end-user, Photon Technology Co. Ltd., was the
parent company of Erqiang and had recently merged
with Neophotonics, Inc. of California. The ECO's
recommendation for that pre-license check was
Favorable.
4. Commercial Assistant Florence Tam attempted,
on several occasions, to set up an appointment
with Erqiang. It emerged from several phone calls
with Ms. Hoi Ping Chu, previous representative of
Erqiang, that Erqiang is apparently no longer
operational (although the Hong Kong companies
registry lists that company as "active"). Mr. Chu
stated to Commercial Assistant Tam that, as a
result of the merger between Photon Technology Co.
Ltd. and Neophotonics, Inc., Erqiang no longer
acts as logistics provider for Photon Technology
Co. Ltd.
5. Ms. Chu declined ECO's requests to meet and
discuss the transaction that is the subject of
this PSV. Ms. Chu stated that she is running her
new business from her home and did not wish to
meet the ECO there. Nonetheless, she agreed to
assist in obtaining information about the shipment
of the items in question. By fax, Ms. Chu
provided documentation tracing the shipment from
the U.S. exporter to Erqiang (while it was still
operational) to Photon Technology's appointed Hong
Kong courier, Eternal Asia (HK) Ltd. Eternal Asia
was the subject of an unfavorable PSV referenced
in reftel E. Ms. Chu provided a further delivery
confirmation from Photon Technology indicating
that the item had been received by that company on
January 29, 2007.
6. Given that it is purportedly no longer in
operation, Erqiang does not appear to be a
suitable recipient of controlled U.S. origin
items. Nonetheless, the information and
documentation provided by the former staff person
from Erqiang suggests that the item in question
reached its intended destination. In light of the
fact that the ECO could not inspect the item (as
it was apparently already in mainland China) the
ECO recommends that this PSV be classified as
Limited.