Cheese quota; foreign government subsidies: Export trade certificates of review,

FR, June 01, 1999 › Notices › International Trade Administration

Linked as:

Text

Federal Register: June 1, 1999 (Volume 64, Number 104)NoticesPage 29264-29265From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr01jn99-31

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. 96-00004.

SUMMARY: The Secretary of Commerce issued an export trade certificate of review to The Foreign Market Search for U.S. Products and Services, Inc. doing business as FMS Exports-Imports, Inc. (``FMS''). 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 FMS.

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. 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 (1999). Pursuant to this authority, a certificate of review was issued on September 10, 1996 to FMS.

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, Secs. 325.14 (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 (Secs. 325.14 (b) of the Regulations, 15 CFR 325.14 (b)). Failure to submit a complete annual report may be the basis for revocation (Secs. 325.10(a) and 325.14(c) of the Regulations, 15 CFR 325.10(a) (3) and 325.14(c)).

On August 31, 1998, the Department of Commerce sent to FMS a letter containing annual report questions with a reminder that its annual report was due on October 25, 1998. Additional reminders were sent on November 13, 1998 and on February 10, 1999. The Department has received no written response from FMS to any of these letters.

On March 18, 1999, and in accordance with Sec. 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 FMS 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 FMS thirty days to respond was published in the Federal Register on March 24, 1999 at 64 FR 14214. Pursuant to Sec. 325.10(c) (2) of the regulations (15 CFR 325.10(c) (2)), the Department considers the failure of FMS to respond to be an admission of the statements contained in the notification letter.

The Department has determined to revoke the certificate issued to FMS for its failure to file an annual report. The Department has sent a letter, dated May

[Page 29265]26, 1999, to notify FMS 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: May 26, 1999. Morton Schnabel, Director, Office of Export Trading Company Affairs.

FR Doc. 99-13813Filed5-28-99; 8:45 amBILLING CODE 3510-DR-U