[Federal Register Volume 63, Number 153 (Monday, August 10, 1998)]
[Notices]
[Pages 42614-42615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21284]
-----------------------------------------------------------------------
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. 94-00003.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Commerce issued an export trade certificate
of review to James W. Smith (d/b/a Premier 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
James W. Smith (d/b/a Premier International).
FOR FURTHER INFORMATION CONTACT: Morton Schnabel, 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
June 10, 1994 to James W. Smith (d/b/a Premier 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 James W. Smith (d/b/a Premier
International), on April 8, 1997, a letter containing annual report
questions with a reminder that its annual report was due on July 25,
1997. Additional reminders were sent on January 9, 1998, and on July
10, 1998. The Department has received no written response to any of
these letters.
On August 4, 1998, and in accordance with Section 325.10(c)[1] of
the Regulations, a letter was sent by certified mail to notify James W.
Smith (d/b/a Premier 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 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
[[Page 42615]]
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: August 4, 1998.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 98-21284 Filed 8-7-98; 8:45 am]
BILLING CODE 3510-DR-P
