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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: July 28, 2006 (Volume 71, Number 145)]
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. 92-00012.
SUMMARY: The Secretary of Commerce issued an Export Trade Certificate
of Review to Balmac International Inc. on December 29, 1992. 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 Balmac International 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 December 29, 1992 to Balmac International 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
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 April 8, 2004, the Secretary of Commerce sent to Balmac
International Inc. a letter containing Annual Report questions stating
that its annual report was due on May 31, 2004. A reminder was sent on
November 8, 2005 with a due date of December 23, 2005. The Secretary
has received no written response from
Balmac International 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 Balmac International Inc. that the Secretary was
formally initiating the process to revoke its Certificate for failure
to file an annual report. The Secretary received notification that the
letter was received by Balmac International Inc. on April 3, 2006.
Pursuant to Section 325.10(c)(2) of the Regulations (15 CFR
325.10(c)(2)), the Secretary considers the failure of Balmac
International 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 Balmac International Inc. for its
failure to file an annual report. The Secretary has sent a letter,
dated July 21, 2006, to notify the Balmac International Inc. of its
The Revocation is effective thirty (30) days from the date of
publication of this notice (325.10((copyright)))(4) of the Regulations,
15 CFR 325.10((copyright)))). 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 ``(325.11 of
the Regulations, 15 CFR 325.11).''
Dated: July 19, 2006.
Director, Export Trading Company Affairs.
[FR Doc. E6-12096 Filed 7-27-06; 8:45 am]
BILLING CODE 3510-DR-P