[Federal Register Volume 63, Number 222 (Wednesday, November 18, 1998)]
[Notices]
[Pages 64037-64038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30780]
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DEPARTMENT OF COMMERCE
Submission for OMB Review; Comment Request
DOC has submitted to the Office of Management and Budget (OMB) for
clearance the following proposal for collection of information under
the provisions of the Paperwork Reduction Act of 1995, Pub. L. 104-13.
Bureau: International Trade Administration.
Title: Application for an Export Trade Certificate of Review.
Agency Form Number: ITA-4093P.
OMB Number: 0625-0125.
Type of Request: Regular Submission.
Burden: 960 hours.
Number of Respondents: 30.
Avg. Hours Per Response: 32 hours.
Needs and Uses: Title III of the Export Trading Company Act of 1982
(Pub. L. 97-290, 96 Stat. 1233-1247), requires the Department of
Commerce to establish a program to evaluate applications for an Export
Trade Certificates of Review (antitrust preclearance for joint export
related activities), and with the concurrence of the Department of
Justice, issue such certificates where the requirements of the Act are
satisfied. The Act requires that Commerce and Justice conduct economic
and legal antitrust analyses prior to the issuance of a certificate.
The collection of information is necessary to conduct the required
economic and legal antitrust analyses. Without the information, there
could be no basis upon which a certificate could be issued.
In the Department of Commerce, the economic and legal analyses are
performed by the Office of Export Trading Company Affairs and the
Office of the General Counsel, respectively. The Department of Justice
analyses will be conducted by its Antitrust Division. The purpose of
such analyses is to make a determination as to whether or not to issue
an Export Trade Certificate of Review.
A certificate provides its holder and the members named in the
certificate (a) immunity from government actions under state and
Federal antitrust laws for the export conduct specified in the
certificate; (b) some protection from frivolous private suits by
limiting their liability in private actions from treble to actual
damages when the challenged activities are covered by an Export
Certificate of Review. Title III was enacted to reduce uncertainty
regarding application of U.S. antitrust laws to export activities--
especially those involving actions by domestic competitors. Application
for an export trade certificate of review is voluntary.
Affected Public: Businesses or other for-profit, not-for-profit
institutions, state, local or tribal Government.
Frequency: On Occasion.
Respondent's Obligation: Required to obtain or retain a benefit,
voluntary.
OMB Desk Officer: David Rostker, (202) 395-7340.
Copies of the above information collection proposal can be obtained
by calling or writing Linda Engelmeier, Departmental Forms Clearance
Officer, (202) 482-3272, Department of Commerce, Room 5327, 14th and
Constitution, NW, Washington, DC 20230.
[[Page 64038]]
Written comments and recommendations for the proposed information
collection should be sent to David Rostker, OMB Desk Officer, Room
10202, New Executive Office Building, Washington, DC 20503 within 30
days of the publication of this notice.
Dated: November 12, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information
Officer.
[FR Doc. 98-30780 Filed 11-17-98; 8:45 am]
BILLING CODE 3510-DR-P