94-7565. Export Trade Certificate of Review

[Federal Register Volume 59, Number 61 (Wednesday, March 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7565]


[[Page Unknown]]

[Federal Register: March 30, 1994]


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DEPARTMENT OF COMMERCE
 

Export Trade Certificate of Review

ACTION: Notice of application to amend certificate.

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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: Friedrich R. Crupe, Acting Director, 
Office of Export Trading Company Affairs, International Trade 
Administration, [phone]. 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. An original and 
five (5) copies 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 1800H, 
Washington, DC. 20230. Information submitted by any person is exempt 
from disclosure under the Freedom of Information Act (5 U.S.C. 552). 
Comments should refer to this application as ``Export Trade Certificate 
of Review, application number 94-00003.''

Summary of the Application

    Applicant: James W. Smith (doing business as Premier 
International), 2525 E. 12th Street, Emmett, Idaho 83617.
    Contact:  James W. Smith (d/b/a Premier International) Telephone: 
[phone].
    Application No.: 94-00003.
    Date Deemed Submitted: March 21, 1994.
    Members (in addition to applicant): None.
    James W. Smith (d/b/a Premier International) 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. Export Trade Facilitation Services (As They Relate to the Export of 
Products and Services)

    All 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:

    1. As an Export Intermediary, James W. Smith (d/b/a Premier 
International) may:
    a. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    b. Engage in promotional and marketing activities as they relate to 
exporting Products and/or Services to the Export Markets;
    c. Enter into exclusive sales agreements with Suppliers regarding 
sales of Products and/or Services in the Export Markets; such 
agreements may prohibit Suppliers from exporting independently of James 
W. Smith
(d/b/a Premier International);
    d. Enter into exclusive sales and/or territorial agreements with 
distributors in the Export Markets;
    e. Establish the price of Products and/or Services for sale in the 
Export Markets;
    f. Allocate export orders among his Suppliers; and
    g. Enter into contracts for shipping Products and/or Services in 
the Export Markets.
    2. James W. Smith (d/b/a Premier International) and individual 
Suppliers may regularly exchange information on a one-on-one basis 
regarding inventories and near-term production schedules for the 
purpose of determining the availability of supplies for export and 
coordinating exports with distributors.

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: March 24, 1994.
Friedrich R. Crupe,
Acting Director, Office of Export Trading, Company Affairs.
[FR Doc. 94-7565 Filed 3-29-94; 8:45 am]
BILLING CODE 3510-DR-P