[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Notices]
[Pages 16929-16930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8589]
-----------------------------------------------------------------------
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 99-00002.''
A summary of the application follows.
Summary of the Application:
Applicant: DecoArt, Inc., Highway 150 and 27, Stanford, Kentucky
40484.
Contact: Martin R. Snyder, Attorney,
Telephone: (502) 562-7505,
Application No.: 99-00002,
Date Deemed Submitted: March 29, 1999,
Members (in addition to applicant): None.
DecoArt, 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
Artists acrylic paints and decorative finishes.
2. Services
All services related to the export of Products.
3. Technology Rights
All intellectual property rights associated with Products or
Services,
[[Page 16930]]
including, but not limited to: patents, trademarks, service marks,
trade names, copyrights, neighboring (related) rights, trade secrets,
know-how, and sui generis forms of protection for databases and
computer programs.
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 area 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
custom requirements; insurance and financing; bonding; warehousing;
export trade promotion; legal assistance; 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).
Export Trade Activities and Methods of Operation
DecoArt, Inc. may:
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 Markets;
3. Enter into, terminate, amend or enforce exclusive and/or non-
exclusive agreements with distributors, foreign buyers, and/or sales
representatives in Export Markets, and oblige such distributors,
foreign buyers, and/or sales representatives not to deal in goods
competing with those supplied by DecoArt, Inc.;
4. Enter into, terminate, amend or enforce exclusive or non-
exclusive licensing agreements regarding Products, Services, or
Technology Rights with Suppliers, Export Intermediaries, or other
persons in Export Markets;
5. Enter into, terminate, amend or enforce exclusive or non-
exclusive sales agreements with Suppliers, Export Intermediaries, or
other persons for the transfer of title to Products, Services, and/or
Technology Rights in Export Markets;
6. Enter into, terminate, amend or enforce exclusive or non-
exclusive pricing and/or consignment agreements for the sale and
shipment of Products and Services to Export Markets;
7. Allocate export sales, export orders and/or divide Export
Markets, among Suppliers, Export Intermediaries, or other persons for
the sale, licensing and/or transfer of title to Products, Services,
and/or Technology Rights;
8. Enter into, terminate, amend or enforce territorial and customer
restraints on Suppliers, Export Intermediaries, or other persons
regarding the sale, licensing and/or transfer of title to Products,
Services, and/or Technology Rights;
9. Enter into, terminate, amend or enforce exclusive or non-
exclusive price and/or territorial agreements with U.S. Suppliers;
10. Enter into, terminate, amend or enforce exclusive or non-
exclusive agreements for the tying of Products and Services, the
setting of prices, and/or the distribution, shipping or handling of
Products or Services in the Export Markets;
11. Terminate, amend or enforce contractual or other relationships
with Suppliers, Export Intermediaries or other persons who refuse to
agree or adhere to restraints on their activities related to export of
Products;
12. Enter into, terminate, amend or enforce agreements to invest in
overseas warehouses for the purpose of storing exported Products until
transferred to the foreign purchaser, or to invest in overseas
facilities for the purpose of making minor Product or packaging
modifications necessary to insure compatibility of the Product with the
requirements of the foreign market;
13. Represent U.S. Suppliers at trade shows and solicit agents and
distributors for their Products in the Export Markets;
14. Refuse to quote prices for, or to market or sell, Products or
Services to an Export Market or Markets, or to distributors, buyers
and/or sales representatives who directly or indirectly market or sell
to an Export Market or Markets;
15. Sell, or offer to sell Products at different prices for direct
or indirect sale to an Export Market or Markets as compared to prices
for direct or indirect sale to domestic markets; and
16. Affix labels or other forms of identification to Products which
identify the Products and indicate whether such Products are for direct
or indirect sale only in an Export Market or Markets.
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 any
Product and/or a Service.
Dated: April 2, 1999.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 99-8589 Filed 4-6-99; 8:45 am]
BILLING CODE 3510-DR-P
