[Federal Register Volume 64, Number 203 (Thursday, October 21, 1999)]
[Notices]
[Pages 56771-56772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27523]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of application.
-----------------------------------------------------------------------
SUMMARY: The Office of Export Trading Company Affairs (``OETCA''),
International Trade Administration, Department of Commerce, has
received an application for an Export Trade Certificate of Review. This
notice summarizes the conduct for which certification is sought and
requests comments relevant to whether the Certificate should be issued.
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 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to
issue Export Trade Certificates of Review. A Certificate of Review
protects the holder and the members identified in the Certificate from
state and federal government antitrust actions and from private, treble
damage antitrust actions for the export conduct specified in the
Certificate and carried out in compliance with its terms and
conditions. Section 302(b)(1) of the Act and 15 CFR 325.6(a) require
the Secretary to publish a notice in the Federal Register identifying
the applicant and summarizing its proposed export conduct.
Request for Public Comments
Interested parties may submit written comments relevant to the
determination whether a Certificate should be issued. If the comments
include any privileged or confidential business information, it must be
clearly marked and a nonconfidential version of the comments
(identified as such) should be included. Any comments not marked
privileged or confidential business information will be deemed to be
nonconfidential. An original and five copies, plus two copies of the
nonconfidential version, should be submitted no later than 20 days
after the date of this notice to: Office of Export Trading Company
Affairs, International Trade Administration, Department of Commerce,
Room 1104H, Washington, D.C. 20230. Information submitted by any person
is exempt from disclosure under the Freedom of Information Act (5
U.S.C. 552). However, nonconfidential versions of the comments will be
made available to the applicant if necessary for determining whether or
not to issue the Certificate. Comments should refer to this application
as ``Export Trade Certificate of Review, application number 99-00006.''
A summary of the application follows.
Summary of the Application
Applicant: T.P. International Expo Services Inc. (``TPIES'') 31-10
23rd Avenue, Long Island City, N.Y. 11105.
Contact: Tina Kontou Psomas, President.
Telephone: (718) 728-7275.
Application No.: 99-00006
Date Deemed Submitted: October 13, 1999.
Members (in addition to applicant): None.
T.P. International Expo Services Inc. seeks a Certificate to cover
the following specific Export Trade, Export Markets, and Export Trade
Activities and Methods of Operations.
Export Trade
1. Products, All products.
2. Services, All services.
3. Technology Rights, Technology Rights, including, but not limited
to, patents, trademarks, copyrights and trade secrets that relate to
Products and Services.
4. Export Trade Facilitation Services (as they Relate to the Export
of Products, Services and Technology Rights) Export Trade Facilitation
Services, including, but not limited to: professional services in the
areas of government relations and assistance with state and federal
export programs; foreign trade and business protocol; consulting;
market research and analysis; collection of information on trade
opportunities; marketing; negotiations; joint ventures; shipping and
export management; export licensing; advertising; documentation and
services related to compliance with customs requirements; insurance and
financing; bonding; warehousing; export trade promotion; trade show
exhibitions; organizational development; management and labor
strategies; transfer of technology; transportation; and facilitating
the formation of shippers' associations.
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).
The proposed Export Trade Certificate of Review would extend
antitrust protection to TPIES to conduct the following export trade
activities:
1. Provide and/or arrange for the provision of Export Trade
Facilitation Services;
2. Engage in promotion and marketing activities and collect and
distribute information on trade opportunities in the Export Market;
3. Enter into exclusive and/or non-exclusive agreements with
distributors, foreign buyers, and/or sales representatives in Export
Markets;
4. Enter into exclusive or non-exclusive sales agreements with
Suppliers, Export Intermediaries, or other persons for the sale of
Products and Services;
5. Enter into exclusive or non-exclusive licensing agreements with
Suppliers, Export Intermediaries, or other persons for licensing
Technology Rights in Export Markets;
6. Allocate export orders among Suppliers;
7. Allocate the sales, export orders and/or divide Export Markets,
among Suppliers, Export Intermediaries, or other persons for the sale
of Products and Services;
[[Page 56772]]
8. Allocate the licensing of Technology Rights among Suppliers,
Export Intermediaries, or other persons;
9. Establish the price of Products and Services for sale in Export
Markets;
10. Establish the fee for licensing of Technology Rights in Export
Markets; and
11. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
TPIES 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.
2. TPIES 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 who produces, provides, or sells a
Product and/or Service.
Dated: October 18, 1999.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 99-27523 Filed 10-20-99; 8:45 am]
BILLING CODE 3510-DR-P
