[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10893]
[[Page Unknown]]
[Federal Register: May 6, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration, Commerce
Export Trade Certificate of Review
ACTION: Notice of application.
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SUMMARY: The Office of Export Trading Company Affairs, International
Trade Administration, Department of Commerce, has received an
application for an Export Trade Certificate of Review. This notice
summarizes the application and requests comments relevant to whether
the Certificate should be issued.
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. 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 94-00004.'' A summary of the application follows.
Summary of the Application
Applicant: Allegheny Highland Hardwoods, Inc., 6495 Webster Road,
Portland, New York 14769, Contact: Jerry R. Miller, Telephone: 716-792-
9482.
Application No.: 94-00004.
Date Deemed Submitted: April 22, 1994.
Members (in addition to applicant): Pomeroy Lumber, Inc., Nineveh, NY;
Wright's Hardwood Inc., Fredonia, NY; J.A. Yansick Lumber Co., Inc.,
Arcade, NY; C.A. Elliott Lumber Co., Inc., Roulette PA; Lewis and
Hockenberry, Inc., Emporium, PA; Whitesville Wood Products Co., Inc.,
Whitesville, NY; Aurora Woodworks, Ltd., Buffalo, NY; and Peter DeVivi
Productions, Inc., Waterloo, NY.
Allegheny Highland Hardwoods, Inc. (``AHH'') seeks a Certificate to
cover the following specific Export Trade, Export Markets, and Export
Trade Activities and Methods of Operations.
Export Trade
1. Products
Forest products, including but not limited to, hardwood lumber, S4S
Dimension, solid squares, laminated squares, furniture blanks,
moulding, flooring, dowels, and panels, but excluding paper, cardboard,
containerboard, and similar products.
2. Export Trade Facilitation Services (as They Relate to the Export of
Products and Services)
Export Trade Facilitation Services including professional services
in the areas of government relations, foreign trade and business
protocol, marketing, marketing research, negotiations, shipping, export
management, documentation, insurance and financing.
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
To engage in Export Trade in the Export Markets, as an Export
Intermediary, AHH, Inc. and/or its Members may:
1. Enter into exclusive or non-exclusive agreements wherein AHH
agrees to act as the Members' Export Intermediary. Exclusive agreements
are those wherein AHH agrees not to represent entities other than the
Members in the sale of Products and provision of Export Trade
Facilitation Services in any Export Market.
2. Meet to negotiate and agree on the terms of participation in
each bid, invitation, or request to bid, or other sales opportunity in
any Export Market, including, but not limited to, the price at which a
Member will sell its Products for export, and the quantity of Products
each Member will commit to the foreign sale or bid opportunity.
During the course of such meetings, the following information may
be exchanged:
a. Information that is generally available to the public.
b. Information that is specific to a particular Export Market,
including but not limited to, reports and forecasts of sales, prices,
terms, customer needs, selling strategies, and product specifications.
c. Information on expenses specific to exporting to a particular
Export Market, including, but not limited to, ocean freight to the
terminal or port, terminal or port storage, wharfage and handling
charges, insurance, agents' commissions, export sales documentation and
service, and export sales financing.
d. Information on U.S. and foreign legislation and regulations
affecting sales to a particular Export Market.
e. Information on AHH's activities in the Export Markets,
including, but not limited to, customer complaints and quality
problems, visits by foreign customers, and reports by foreign sales
representatives.
f. Information on each Member's ability to supply Products in a
timely fashion pursuant to a specific export order.
3. AHH may enter into exclusive or non-exclusive agreements with
other Export Intermediaries for the sale of Products in the Export
Markets. Exclusive agreements are those wherein the Export Intermediary
agrees to represent only AHH and/or its Members in the sale of Products
and to provide Export Trade Facilitation Services only to AHH and/or
its Members.
4. AHH may enter into exclusive agreements with foreign customers
of Products offered by AHH whereby the customer agrees not to purchase
Products from entities other than AHH.
5. Either with AHH's Members and/or Export Intermediaries with
which AHH has entered into agreements pursuant to paragraph 3 above,
AHH may discuss and agree on export prices to be charged by AHH, AHH's
Members, or Export Intermediaries.
6. AHH may limit its membership.
7. AHH may publish and distribute a list of export prices for
Products to be charged by AHH, AHH's Members, and Export Intermediaries
with which AHH has entered into agreements pursuant to paragraph 3
above.
8. AHH may allocate orders for export sales, and divide profits
from such sales among AHH's Members as provided in the membership
agreement between AHH and AHH's Members.
9. AHH and/or AHH's Members may forward to the appropriate
individual Member requests for information received from a foreign
government or the foreign government's agent (including private pre-
shipment inspection firms) concerning that Member's domestic or export
activities (including prices and/or costs); and if such individual
Member elects to respond, the Member shall respond directly to the
requesting foreign government or the foreign government's agent with
respect to such information.
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. Member means a person who has a membership in Allegheny Highland
Hardwoods, Inc. and who has been certified as a ``Member'' within the
meaning of Sec. 325.2(1) of the Regulations.
Dated: May 2, 1994.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 94-10893 Filed 5-5-94; 8:45 am]
BILLING CODE 3510-DR-P
