[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Pages 32427-32428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15959]
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DEPARTMENT OF COMMERCE
Export Trade Certificate of Review
ACTION: Notice of application.
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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: 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 of 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, D.C. 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 96-00004.'' A summary of the application
follows.
Summary of the Application
Applicant: The Foreign Market Search for U.S. Products and
Services, Inc., doing business as FMS Exports-Imports, Inc., P.O. Box
4063, South Bend, IN 46634.
Contact: Mr. David Smith, Owner/Marketing Director.
Telephone: (219) 234-6920.
Application No.: 96-00004.
Date Deemed Submitted: June 12, 1996.
Members (in addition to applicant): None.
FMS Exports-Imports, Inc. (``FMS'') 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. Technology Rights
Technology rights, including, but not limited to, patents,
trademarks, copyrights and trade secrets that relate to Products and
Services.
4. Export Trade Facilitation Services (as they relate to the Export of
Products, Services and Technology Rights)
Export Trade Facilitation Services include professional services in
the areas of government relations and assistance with state and federal
programs; foreign trade and business protocol; consulting; market
research and analysis; collection of information on trade
opportunities; marketing;
[[Page 32428]]
negotiations; joint ventures; shipping; export management; export
licensing; advertising; documentation and services related to
compliance with customs requirements; insurance and financing; 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
To engage in Export Trade in the Export Markets as an Export
Intermediary, FMS may:
1. Provide and/or arrange for the provision of Export Trade
Facilitation Services;
2. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Markets and distribute
such information to clients;
3. Enter into exclusive and/or non-exclusive licensing and/or sale
agreements with Suppliers for the export of Products, Services and/or
Technology Rights in Export Markets;
4. Enter into exclusive and/or non-exclusive agreements with
distributors and/or sales representatives in Export Markets;
5. Allocate export sales or divide Export Markets among Suppliers
for the sale and/or licensing of Products, Services and/or Technology
Rights;
6. Allocate export orders among Suppliers;
7. Establish the price of Products, Services and/or Technology
Rights for sale and/or licensing in Export Markets;
8. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights;
9. Enter into contracts for shipping; and
10. 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 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.
3. ``Technology Rights'' means such things as, but not limited to,
patents, trademarks, copyrights, and trade secrets that relate to
Products and Services.
Dated: June 18, 1996.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 96-15959 Filed 6-21-96; 8:45 am]
BILLING CODE 3510-D-R-F-P
