[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Notices]
[Pages 49090-49091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24559]
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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. 92-00004.
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[[Page 49091]]
SUMMARY: The Secretary of Commerce issued an export trade certificate
of review to J.J. Wheeling (d/b/a Aidex). 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 J.J. Wheeling (d/b/a
Aidex).
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
May 13, 1992 to J.J. Wheeling (d/b/a Aidex).
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 J.J. Wheeling (d/b/a Aidex), on
May 3, 1998, a letter containing annual report questions with a
reminder that its annual report was due on June 27, 1998. Additional
reminders were sent on July 1, 1998, and on July 27, 1998. The
Department has received no written response to any of these letters.
On August 27, 1998, and in accordance with Section 325.10 (c)[1] of
the Regulations, a letter was sent by certified mail to notify J.J.
Wheeling (d/b/a Aidex) 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 will, 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 will 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: September 3, 1998.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 98-24559 Filed 9-11-98; 8:45 am]
BILLING CODE 3510-DR-P
