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Export Trading Company Affairs (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: August 28, 2007 (Volume 72, Number 166)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of Modification of Export Trade Certificate of Review
Application No. 92-00015.
SUMMARY: The Secretary of Commerce issued an Export Trade Certificate
of Review to Refined Sugar Trading Institute on May 3, 1993. Because
this Certificate Holder has failed to file a complete annual report as
required by law, the Secretary is modifying the certificate. This
notice summarizes the notification letter sent to Refined Sugar Trading
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, 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 May 3, 1993 to Refined Sugar Trading Institute.
A Certificate Holder is required by law to submit to the Secretary
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(a) and (b) of the Regulations). Failure to submit a complete
Annual Report may be the Basis for Modification or Revocation (Sections
325.10(a)(3) and 325.14(c) of the Regulations). On the following dates
April 23, 2005, April 23, 2006 and April 23, 2007, the Secretary of
Commerce sent to Refined Sugar Trading Institute a letter containing
Annual Report questions stating that its annual report was due on June
17, 2005, June 17, 2006 and June 17, 2007, respectively. The Secretary
has received no written response from Refined Sugar Trading Institute
or Domino Sugar Corporation relating to Domino Sugar Corporation's
annual report. On July 12, 2007, and in accordance with Section
325.14(a) and (b) of the Regulations, the Secretary of Commerce sent a
letter by Certified Mail to notify Refined Sugar Trading Institute that
the Secretary was formally initiating the process to modify its
Certificate to remove Domino Sugar Corporation for its failure to file
annual reports directly or through the Refined Sugar Trading Institute.
The Secretary has received no response from Refined Sugar Trading
Institute. Pursuant to Section 325.10(a)(3) of the Regulations (15 CFR
325.10(a)(3)), the Secretary considers the response of Refined Sugar
Trading Institute to be an admission of the statements contained in the
notification letter. The Secretary has determined to modify the
Certificate issued to Refined Sugar Trading Institute for the failure
to file a complete Annual Report. The Secretary has sent a letter,
dated August 20, 2007 to notify the Refined Sugar Trading Institute of
its final determination.
The Modification is effective thirty (30) days from the date of
publication of this notice (325.10(a)(3) of the
Regulations, 15 CFR 325.14(c)). Any person aggrieved by this decision
may appeal to an appropriate U.S. District Court within 30 days from
the date of publication of this notice in the Federal Register ``( 15
CFR 325.11 of the Regulations).''
Dated: August 20, 2007.
Director Export Trading Company Affairs.
[FR Doc. E7-16921 Filed 8-27-07; 8:45 am]
BILLING CODE 3510-DR-P