[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Notices]
[Pages 2572-2573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-582]
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DEPARTMENT OF COMMERCE
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 94-0006.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to P & B International (``P & B''). This notice
summarizes the conduct for which certification has been granted.
FOR FURTHER INFORMATION CONTACT: W. Dawn Busby, 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 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to
issue Export Trade Certificates of Review. The regulations implementing
Title III are found at 15 CFR Part 325 (1994).
The Office of Export Trading Company Affairs (``OETCA'') is issuing
this notice pursuant to 15 CFR 325.6(b), which requires the Department
of Commerce to publish a summary of a Certificate in the Federal
Register. Under Section 305 (a) of the Act and 15 CFR 325.11(a), any
person aggrieved by the Secretary's determination may, within 30 days
of the date of this notice, bring an action in any appropriate district
court of the United States to set aside the determination on the ground
that the determination is erroneous.
Description of Certified Conduct
Export Trade
1. Products
All products
2. Services
All services
3. Export Trade Facilitation Services (as they Relate to the Export of
Products and Services)
Export Trade Facilitation Services including, but not limited to,
consulting; foreign market research; marketing and trade promotion;
financing; insurance; licensing; services related to compliance with
customs documentation and procedures; transportation and shipping;
warehousing and other services to facilitate the transfer of ownership
and/or distribution; and communication and processing of export orders.
Export Markets
The Export Markets include all parts of the world except the United
States (the fifty states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands.)
Export Trade Activities and Methods of Operation
To engage in Export Trade in the Export Markets, as an Export
Intermediary, P & B may:
1. Provide and/or arrange for the provision of Export Trade
Facilitation Services;
2. Engage in promotional and marketing activities as they relate to
exporting Products and/or Services to the Export Markets;
3. Enter into exclusive export sales agreements with Suppliers
regarding sales of Products and/or Services in the Export Markets; such
agreement may prohibit Suppliers from exporting independently of P & B;
4. Enter into exclusive sales and/or territorial agreements with
distributors in Export Markets;
5. Establish the price of Products and/or Services for sale in the
Export Markets;
6. Allocate export orders among its Suppliers; and,
7. Exchange information on a one-on-one basis with individual
Suppliers regarding inventories and near-term production schedules for
the purpose of determining the availability of Products for export and
coordinating export with distributors.
Members (Within the Meaning of Section 325.2(1) of the Regulations)
Peter T. Peterson
Oliver L. Brown
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
P & B and its Members will not intentionally disclose, directly or
indirectly, to any Supplier any information about any other Supplier's
costs, production, capacity, inventories, domestic prices, domestic
sales, or U.S. business plans, strategies, or methods that is not
already generally available to the trade or public. [[Page 2573]]
2. P & B and its Members will comply with requests made by the
Secretary of Commerce on behalf of the Secretary of Commerce or the
Attorney General for information or documents relevant to conduct under
the Certificate. The Secretary of Commerce will request such
information or documents when either the Attorney General or the
Secretary of Commerce believes that the information or documents are
required to determine that the Export Trade, Export Trade Activities,
and Methods of Operation of a person protected by this Certificate of
Review continue to comply with the standards of Section 303(a) of the
Act.
Definitions
1. Export Intermediary means a person who acts as a distributor,
sales representative, sales or marketing agent, or broker, or who
performs similar functions, including providing or arranging for the
provision of Export Trade Facilitation Services.
2. Supplier means a person, including each Member, who produces,
provides, or sells a Product, Service, or Export Trade Facilitation
Services.
Protection Provided by the Certificate
This Certificate protects P & B, its Members, and their employees
acting on their behalf from private treble damage actions and
government criminal and civil suits under U.S. federal and state
antitrust laws for the export conduct specified in the Certificate and
carried out during its effective period in compliance with its terms
and conditions.
Effective Period of Certificate
This Certificate continues in effect from the effective date
indicated below until it is relinquished, modified, or revoked as
provided in the Act and the Regulations.
Other Conduct
Nothing in this Certificate prohibits P & B and its Members from
engaging in conduct not specified in this Certificate, but such conduct
is subject to the normal application of the antitrust laws.
Disclaimer
The issuance of this Certificate of Review to P & B by the
Secretary of Commerce with the concurrence of the Attorney General
under the provisions of the Act does not constitute, explicitly or
implicitly, an endorsement or opinion by the Secretary or by the
Attorney General concerning either (a) the viability or quality of the
business plans of P & B or (b) the legality of such business plans of P
& B under the laws of the United States (other than as provided in the
Act) or under the laws of any foreign country. The application of this
Certificate to conduct in export trade where the United States
Government is the buyer or where the United States Government bears
more than half the cost of the transaction is subject to the
limitations set forth in Section V. (D.) of the ``Guidelines for the
Issuance of Export Trade Certificates of Review (Second Edition)'', 50
Fed. Reg. 1786 (January 11, 1985).
A copy of this certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility
Room 4102, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: January 4, 1995.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 95-582 Filed 1-9-95; 8:45 am]
BILLING CODE 3510-DR-P
