[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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