96-30059. Export Trade Certificate of Review  

  • [Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
    [Notices]
    [Pages 60091-60092]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-30059]
    
    
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    DEPARTMENT OF COMMERCE
    International Trade Administration
    
    
    Export Trade Certificate of Review
    
    AGENCY: International Trade Administration, Commerce.
    
    ACTION: Notice of initiation of process to revoke export trade 
    certificate of review no. 92-00006.
    
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    SUMMARY: The Secretary of Commerce issued an export trade certificate 
    of review to McChris International. Because this certificate holder has 
    failed to file an annual report as required by law, the Department is 
    initiating proceedings to revoke the certificate. This notice 
    summarizes the notification letter sent to McChris International.
    
    FOR FURTHER INFORMATION CONTACT: W. Dawn Busby, Director, Office of 
    Export Trading Company Affairs, International Trade Administration, 
    (202) 482-5131. This is not a toll-free number.
    
    SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
    of 1982 (``the Act'') [15 U.S.C. 4011-21] authorizes the Secretary of 
    Commerce to issue export trade certificates of review. The regulations 
    implementing Title III [``the Regulations''] are found at 15 CFR part 
    325. Pursuant to this authority, a certificate of review was issued on 
    July 2, 1992 to McChris International.
        A certificate holder is required by law (Section 308 of the Act, 15 
    U.S.C. 4018) to submit to the Department of Commerce annual reports 
    that update financial and other information relating to business 
    activities covered by its certificate. The annual report is due within 
    45 days after the anniversary date of the issuance of the certificate 
    of review [Sections 325.14 (a) and (b) of the Regulations]. Failure to 
    submit a complete annual report may be the basis for revocation. 
    [Sections 325.10(a) and 325.14(c) of the Regulations.]
        The Department of Commerce sent to McChris International on June 
    21, 1996, a letter containing annual report questions with a reminder 
    that its annual report was due on August 16, 1996. Additional reminders 
    were sent on August 26, 1996, and on October 10, 1996. The Department 
    has received no written response to any of these letters.
        On November 20, 1996, and in accordance with Section 325.10(c)[1] 
    of the Regulations, a letter was sent by certified mail to notify 
    McChris International that the Department was formally initiating the 
    process to revoke its certificate. The letter stated that this action 
    is being taken because of the certificate holder's failure to file an 
    annual report.
        In accordance with Section 325.10(c)(2) of the Regulations, each 
    certificate holder has thirty days from the day after its receipt of 
    the notification letter in which to respond. The certificate holder is 
    deemed to have received this letter as of the date on which this notice 
    is published in the
    
    [[Page 60092]]
    
    Federal Register. For good cause shown, the Department of Commerce can, 
    at its discretion, grant a thirty-day extension for a response.
        If the certificate holder decides to respond, it must specifically 
    address the Department's statement in the notification letter that it 
    has failed to file an annual report. It should state in detail why the 
    facts, conduct, or circumstances described in the notification letter 
    are not true, or if they are, why they do not warrant revoking the 
    certificate. If the certificate holder does not respond within the 
    specified period, it will be considered an admission of the statements 
    contained in the notification letter (Section 325.10(c)[2] of the 
    Regulations).
        If the answer demonstrates that the material facts are in dispute, 
    the Department of Commerce and the Department of Justice shall, upon 
    request, meet informally with the certificate holder. Either Department 
    may require the certificate holder to provide the documents or 
    information that are necessary to support its contentions (Section 
    325.10(c)[3] of the Regulations).
        The Department shall publish a notice in the Federal Register of 
    the revocation or modification or a decision not to revoke or modify 
    (Section 325.10(c)[4] of the Regulations). If there is a determination 
    to revoke a certificate, any person aggrieved by such final decision 
    may appeal to an appropriate U.S. district court within 30 days from 
    the date on which the Department's final determination is published in 
    the Federal Register (Sections 325.10(c)(4) and 325.11 of the 
    Regulations).
    
        Dated: November 20, 1996.
    W. Dawn Busby,
    Director, Office of Export Trading Company Affairs.
    [FR Doc. 96-30059 Filed 11-25-96; 8:45 am]
    BILLING CODE 3510-DR-P
    
    
    

Document Information

Published:
11/26/1996
Department:
International Trade Administration
Entry Type:
Notice
Action:
Notice of initiation of process to revoke export trade certificate of review no. 92-00006.
Document Number:
96-30059
Pages:
60091-60092 (2 pages)
PDF File:
96-30059.pdf