Export Trade Certificate of Review
Notice Of Revocation Of Export Trade Certificate Of Review No. 84 00027.
The Secretary of Commerce issued an Export Trade Certificate of Review to N.B. Carson Company, Inc. 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 N.B. Carson Company, Inc.
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FOR FURTHER INFORMATION CONTACT: Back to Top
Jeffrey Anspacher, Director, Office of Export Trading Company Affairs, International Trade Administration, 202/482-5131. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: Back to Top
Title III of the Export Trading Company Act of 1982 (“the Act”) (97, 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 October 9, 1984 to N.B. Carson Company, Inc.
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 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 (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 October 01, 2001, the Department of Commerce sent to N.B. Carson Company, Inc. a letter containing annual report questions with a reminder that its annual report was due on November 23, 2001. Additional reminders were sent on March 25, 2002 and on April 11, 2002. The Department has received no written response from N.B. Carson Company, Inc. to any of these letters.
On May 28, 2002, and in accordance with Section 325.10(c)(2) of the Regulations, (15 CFR 325.10(c)(2)), the Department of Commerce sent a letter by certified mail to notify N.B. Carson Company, Inc. 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 N.B. Carson Company, Inc. thirty days to respond was published in the Federal Register on June 3, 2002 at 67 FR 38260. Pursuant to 325.10(c)(2) of the Regulations (15 CFR 325.10(c)(2)), the Department considers the failure of N.B. Carson Company, Inc. to respond to be an admission of the statements contained in the notification letter.
The Department has determined to revoke the certificate issued to N.B. Carson Company, Inc. for its failure to file an annual report. The Department has sent a letter, dated July 10, 2002, to notify N.B. Carson Company, Inc. 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: July 10, 2002.
Director, Office of Export Trading Company Affairs.
[FR Doc. 02-17767 Filed 7-15-02; 8:45 am]
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