[Federal Register Volume 60, Number 231 (Friday, December 1, 1995)]
[Notices]
[Pages 61682-61683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29283]
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DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of issuance of an export trade certificate of review,
application No. 95-00005.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to The Connell Company on November 13, 1995. 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 (1993).
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
A. Export Trade
1. Products
Japonica brown rice.
[[Page 61683]]
2. Export Trade Facilitation Services (as They Relate to the Export of
Products)
Communication and processing of export orders; inspection,
fumigation and stevedoring; transportation; freight forwarding and
trade documentation; insurance; billing of foreign buyers; collection
of letters of credit and other financial instruments.
B. 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).
C. Export Trade Activities and Methods of Operation
To engage in Export Trade in the Export Markets, The Connell
Company may:
(i) solicit orders from foreign purchasers;
(ii) receive information on a one-to-one basis from individual
Suppliers regarding inventories and near-term production schedules for
the purpose of determining the availability of Products for purchase
and export;
(iii) confer from time to time, on a one-to-one basis, with
individual Suppliers regarding a potential purchase by The Connell
Company with regard to the quantities, price, delivery schedule, and
other pertinent matters pertaining thereto;
(iv) allocate export sales among individual Suppliers, provided
that The Connell Company does not intentionally disclose to any
Supplier any information about other Suppliers' sales to The Connell
Company for export;
(v) enter into purchase agreements with one or more Suppliers for
the purchase of Products in the United States, and sales agreements
with one or more foreign purchasers for the sale of Products in the
Export Markets;
(vi) refuse to purchase from one or more Suppliers for reasons The
Connell Company deems fit; and
(vii) as the single buyer of Products, coordinate schedules for
delivery of Products to the dock among Suppliers; allocate dock space;
allocate Products to various vessels; coordinate stevedoring from the
inland trucks to the dock and from the dock to the vessels; arrange for
inspection by both U.S. and foreign inspection services; arrange for
fumigation of the Products; arrange for various documentation regarding
the cargo; and provide for other Export Trade Facilitation Services as
they relate to the export of Products.
D. Terms and Conditions of Certificate
1. In engaging in the above Export Trade Activities and Methods of
Operation, The Connell Company 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. The Connell Company 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.
E. Definitions
``Supplier'' means a person that produces, provides, or sells
Products.
F. Protection Provided by Certificate
The Certificate protects The Connell Company, its directors,
officers, and employees acting on its 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.
G. Effective Period of Certificate
The 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.
H. Other Conduct
Nothing in the Certificate prohibits The Connell Company from
engaging in conduct not specified in the Certificate, but such conduct
is subject to the normal application of the antitrust laws.
I. Disclaimer
The issuance of the Certificate of Review to The Connell Company 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 The Connell Company or (b) the legality of such
business plans of The Connell Company 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 the 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).
Dated: November 21, 1995.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 95-29283 Filed 11-30-95; 8:45 am]
BILLING CODE 3510-DR-P
