[Federal Register: December 7, 1999 (Volume 64, Number 234)]
[Notices]               
[Page 68321-68322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de99-23]                         

-----------------------------------------------------------------------

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. 
89-00015.

-----------------------------------------------------------------------

SUMMARY: The Secretary of Commerce issued an export trade certificate 
of review to Airborne Business Cargo, Inc. (``ABCI''). 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 ABCI.

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 December 12, 1989 to ABCI.
    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, Sec. 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 
(Sec. 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) (3) and 325.14(c) of the regulations, 15 CFR 325.10(a) 
(3) and 325.14(c)).
    On December 2, 1998, the Department of Commerce sent to ABCI a 
letter containing annual report questions with a reminder that its 
annual report was due on January 26, 1999. Additional reminders were 
sent on February 10, 1999 and on March 16, 1999. The Department has 
received no written response from ABCI to any of these letters.
    On September 21, 1999, and in accordance with Section 325.10 (c) 
(1) of the regulations, (15 CFR 325.10 (c) (1)), the Department of 
Commerce sent

[[Page 68322]]

a letter by certified mail to notify ABCI 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 ABCI thirty days to respond was published in the Federal 
Register on September 27, 1999 at 64 FR 51958. Pursuant to 
Sec. 325.10(c) (2) of the regulations (15 CFR 325.10(c) (2)), the 
Department considers the failure of ABCI to respond to be an admission 
of the statements contained in the notification letter.
    The Department has determined to revoke the certificate issued to 
ABCI for its failure to file an annual report. The Department has sent 
a letter, dated December 1, 1999, to notify ABCI 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: December 1, 1999.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 99-31583 Filed 12-6-99; 8:45 am]
BILLING CODE 3510-DR-P