[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]


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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. 94-00003.

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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