[Federal Register Volume 62, Number 141 (Wednesday, July 23, 1997)]
[Notices]
[Page 39499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19355]
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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.
95-00004.
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SUMMARY: The Secretary of Commerce issued an export trade certificate
of review to UPA, 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
UPA, Inc.
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'') (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 August 18, 1995 to UPA, 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 235.14 (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 February 12, 1997, the Department of Commerce sent to UPA, Inc.
a letter containing annual report questions with a reminder that its
annual report was due by October 2, 1996. Additional reminder letters
were sent on April 11, 1997 and on May 2, 1997. The Department has
received no written response from UPA, Inc. to any of these letters.
On May 27, 1997, and in accordance with Section 325.10 (c) (2) of
the Regulations, (15 CFR 325.10 (c) (2)), the Department of Commerce
sent a letter by certified mail to notify UPA, 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 UPA, Inc. thirty days to respond was published in the Federal
Register on June 4, 1997 at 62 FR 30569. Pursuant to 325.10(c) (2) of
the Regulations (15 CFR 325.10(c) (2)), the Department considers the
failure of UPA, 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
UPA, Inc. for its failure to file an annual report. The Department has
sent a letter, dated July 9, 1997, to notify UPA, 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: July 9, 1997.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 97-19355 Filed 7-22-97; 8:45 am]
BILLING CODE 3510-DR-F
