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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: May 3, 2006 (Volume 71, Number 85)]
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 revocation of Export Trade Certificate of Review
Application No. 03-00004.
SUMMARY: The Secretary of Commerce issued an Export Trade Certificate
of Review to NYVZ Import & Export Inc. on November 10, 2003. 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 NYVZ Import & Export Inc.
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 November 10, 2003 to NYVZ Import & Export Inc.
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
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 December 16, 2004, the Secretary of Commerce sent to
NYVZ Import & Export Inc., a letter containing Annual Report questions
stating that its annual report was due on January 31, 2005. A reminder
was sent on November 8, 2005 with a due date of December 23, 2005. The
Secretary has received no written response from NYVZ Import & Export
Inc., to any of these letters. On March 24, 2006, and in accordance
with Section 325.10(c)(1) of the Regulations, (15 CFR 325.10(c)(1)),
the Secretary of Commerce sent a letter by Certified Mail to notify
NYVZ Import & Export Inc., that the Secretary was formally initiating
the process to revoke its Certificate for failure to file an annual
report. NYVZ Import & Export Inc., has not responded within the 30 day
deadline, April 17, 2006. Pursuant to Section 325.10(c)(2) of the
Regulations (15 CFR 325.10(c)(2)), the Secretary considers the failure
of NYVZ Import & Export Inc., to respond to be an admission of the
statements contained in the notification letter. The Secretary has
determined to revoke the Certificate issued to NYVZ Import & Export
Inc., for its failure to file an annual report. The Secretary has sent
a letter, dated April 26, 2006 to notify the NYVZ Import & Export Inc.,
of its final determination.
The Revocation is effective thirty (30) days from the date of
publication of this notice, see 15 CFR 325.10 (c) (4). 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, see 325.11 of the Regulations, 15 CFR 325.11.
Dated: April 24, 2006.
Director, Export Trading Company Affairs.
[FR Doc. E6-6592 Filed 5-2-06; 8:45 am]
BILLING CODE 3510-DR-P