[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Notices]
[Page 25201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12082]


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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. 85-00014.

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SUMMARY: The Secretary of Commerce issued an export trade certificate 
of review to Grays Harbor Exporting Trading Company. 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 Grays 
Harbor Exporting Trading Company.

FOR FURTHER INFORMATION CONTACT: Morton Schnabel, Acting 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 
December 20, 1985 to Grays Harbor Exporting Trading Company.
    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 (Secs. 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 multiple reminder letters and made 
several telephone calls to Grays Harbor Exporting Trading Company 
regarding their failure to submit annual reports as required. The 
Department has received no written response to any of these letters or 
telephone calls.
    On May 1, 1998 and in accordance with Sec. 325.10(c)(1) of the 
regulations, a letter was sent by certified mail to notify Grays Harbor 
Exporting Trading Company 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, each 
certificate holder has 30 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 30-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 (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 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 Secs. 325.10(c)(4) and 325.11 of the regulations).

    Dated: May 1, 1998.
Morton Schnabel,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 98-12082 Filed 5-6-98; 8:45 am]
BILLING CODE 3510-DR-P