[Federal Register Volume 62, Number 212 (Monday, November 3, 1997)]
[Notices]
[Page 59344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29000]
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DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
AGENCY: International Trade Administration, Commerce.
ACTION: Notice of revocation of Export Trade Certificate of Review No.
94-00004.
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SUMMARY: The Secretary of Commerce issued an export trade certificate
of review to Allegheny Highland Hardwoods, Inc. Because this
certificate holder has failed to file an annual report as required by
law, the Secretary is revoking the certificate. This notice summarizes
the notification letter sent to Allegheny Highland Hardwoods, Inc.
FOR FURTHER INFORMATION CONTACT: Morton Schnabel, Acting 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'') (Pub. L. No. 97-290, 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 (1997). Pursuant to this authority, a
certificate of review was issued on July 13, 1994 to Allegheny Highland
Hardwoods, Inc.
A certificate holder is required by law to submit to the Department
of Commerce annual reports that update financial and other information
relating to business activities covered by its certificate (Section 308
of the Act, 15 U.S.C. 4018, Section 325.14(a) of the Regulations, 15
CFR 325.14(a)). The annual report is due within 45 days after the
anniversary date of the issuance of the certificate of review (Sections
325.14(b) of the Regulations, 15 CFR 325.14(b)). Failure to submit a
complete annual report may be the basis for revocation (Sections
325.10(a) and 325.14(c) of the Regulations, 15 CFR 325.10(a)(3) and
325.14(c)).
On October 6, 1995, the Department of Commerce sent to Allegheny
Highland Hardwoods, Inc. a letter containing annual report questions
with a reminder that its annual report was due by August 28, 1995.
Additional reminder letters were sent on July 18, 1996, October 18,
1996, and on January 3, 1997. The Department has received no written
response from Allegheny Highland Hardwoods, Inc. to any of these
letters.
On August 4, 1997, and in accordance with Section 325.10(c)(1) of
the Regulations, (15 CFR 325.10(c)(1)), the Department of Commerce sent
a letter by certified mail to notify Allegheny Highland Hardwoods, Inc.
that the Department was formally initiating the process to revoke its
certificate for failure to file an annual report. In addition, a
summary of this letter allowing Allegheny Highland Hardwoods, Inc.
thirty days to respond was published in the Federal Register on August
11, 1997 at 62 FR 42965. Pursuant to 325.10(c)(2) of the Regulations
(15 CFR 325.10(c)(2)), the Department considers the failure of
Allegheny Highland Hardwoods, Inc. to respond to be an admission of the
statements contained in the notification letter.
The Department has determined to revoke the certificate issued to
Allegheny Highland Hardwoods, Inc. for its failure to file an annual
report. The Department has sent a letter, dated October 28, 1997, to
notify Allegheny Highland Hardwoods, Inc. of its determination. The
revocation is effective thirty (30) days from the date of publication
of this notice. Any person aggrieved by this decision may appeal to an
appropriate U.S. district court within 30 days from the date on which
this notice is published in the Federal Register (325.10(c)(4) and
325.11 of the Regulations, 15 CFR 324.10(c)(4) and 325.11 of the
Regulations, 15 CFR 325.10(c)(4) and 325.11).
Dated: September 28, 1997.
Morton Schnabel,
Acting Director, Office of Export Trading Company Affairs
[FR Doc. 97-29000 Filed 10-31-97; 8:45 am]
BILLING CODE 3510-DR-P
