[Federal Register Volume 59, Number 118 (Tuesday, June 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15063]
[[Page Unknown]]
[Federal Register: June 21, 1994]
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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. 94-0003.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to James W. Smith (D.B.A. Premier International).
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
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
James W. Smith (D.B.A. Premier International), acting as an Export
Intermediary, may:
1. Provide and/or arrange for the provision of Export Trade
Facilitation Services;
2. Engage in promotional and marketing activities as they relate to
exporting Products and/or Services to the Export Markets;
3. Enter into exclusive sales agreements with Suppliers regarding
sales of Products and/or Services in the Export Markets; such agreement
may prohibit suppliers from exporting independently of James W. Smith
(D.B.A. Premier International);
4. Enter into exclusive sales and/or territorial agreements with
distributors in the Export Markets;
5. Establish the price of Products and/or Services for sale in the
Export Markets;
6. Allocate export orders among his Suppliers; and,
7. Exchange information on a one-on-one basis with individual
Suppliers regarding inventories and near-term production schedules for
the purpose of determining the availability of Products for export and
coordinating export with distributors.
Terms and Conditions of Certificate
1. In engaging in the above Export Trade Activities and Methods of
Operation, James W. Smith (D.B.A. Premier International) 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. James W. Smith (D.B.A. Premier International) 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.
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.
Protection Provided by the Certificate
This Certificate protects James W. Smith (D.B.A. Premier
International) and his employees acting on his 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.
Effective Period of Certificate
This 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.
Other Conduct
Nothing in this Certificate prohibits James W. Smith (D.B.A.
Premier International) from engaging in conduct not specified in this
Certificate, but such conduct is subject to the normal application of
the antitrust laws.
Disclaimer
The issuance of this Certificate of Review to James W. Smith
(D.B.A. Premier International) 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 James W. Smith
(D.B.A. Premier International) or (b) the legality of such business
plans of James W. Smith (D.B.A. Premier International) 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 this 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).
A copy of this certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility
Room 4102, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: June 10, 1994.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 94-15063 Filed 6-20-94; 8:45 am]
BILLING CODE 3510-DR-P
