[Federal Register Volume 63, Number 191 (Friday, October 2, 1998)]
[Notices]
[Pages 53013-53014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26489]


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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. 
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 Secretary is revoking 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'') (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 June 10, 1992 to James W. Smith (d/
b/a Premier International).
    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

[[Page 53014]]

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 April 8, 1997, the Department of Commerce sent to James W. Smith 
(d/b/a Premier International), 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, (15 CFR 325.10 (c) (1)), the Department of Commerce 
sent a letter 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 for failure to file an annual report. In 
addition, a summary of this letter allowing James W. Smith (d/b/a 
Premier International) thirty days to respond was published in the 
Federal Register on August 10, 1998 at 63 FR 42614. Pursuant to 
325.10(c) (2) of the Regulations (15 CFR 325.10(c) (2)), the Department 
considers the failure of James W. Smith (d/b/a Premier International) 
to respond to be an admission of the statements contained in the 
notification letter.
    The Department has determined to revoke the certificate issued to 
James W. Smith (d/b/a Premier International) for its failure to file an 
annual report. The Department has sent a letter, dated September 29, 
1998, to notify James W. Smith (d/b/a Premier International) 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: September 29, 1998.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 98-26489 Filed 10-1-98; 8:45 am]
BILLING CODE 3510-DR-P