[Federal Register Volume 68, Number 137 (Thursday, July 17, 2003)]
[Notices]
[Pages 42397-42398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18062]


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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. 99-00004.

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SUMMARY: On November 17, 1999, the Secretary of Commerce issued an 
Export Trade Certificate of Review to USXT, Inc. 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 USXT, Inc.

FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, 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 
November 17, 1999 to USXT, Inc.
    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 (Sec. Sec.  325.14(a) and (b) of the Regulations). Failure to 
submit a complete annual report may be the basis for revocation. 
(Sec. Sec.  325.10(a)(3) and 325.14(c) of the Regulations).
    The Department of Commerce sent to USXT, Inc., on November 7, 2002, 
a letter containing annual report questions with a reminder that its 
annual report was due on January 1, 2003. Additional reminder letters 
were sent on March 31, 2003 and April 11, 2003. The Department has 
received no written response to any of these letters.
    On May 5, 2003, and in accordance with Sec.  325.10(c)(1) of the 
Regulations, a letter was sent by certified mail to notify USXT, Inc. 
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 Sec.  325.10(c)(2) of the Regulations, the 
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 (Sec.  325.10(c)(2) of the Regulations).
    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 (Sec.  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 (Sec.  
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 
(Sec.  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 the decision by filing an action in 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 (Sec. Sec.  
325.10(c)(4) and 325.11 of the Regulations).


[[Page 42398]]


    Dated: July 11, 2003.
Jeffrey Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 03-18062 Filed 7-16-03; 8:45 am]
BILLING CODE 3510-DR-P