[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17725]
[[Page Unknown]]
[Federal Register: July 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. 94-0004.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to Allegheny Highland Hardwoods, Inc. (``AHH'')
on July 13, 1994. 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.ll(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
Forest products, including but not limited to, hardwood lumber (SIC
2421); S4S dimension, solid squares, laminated squares, furniture
blanks, flooring and dowels (SIC 2426); and molding and panels (SIC
2431); but excluding paper, cardboard, containerboard and similar
products.
2. Export Trade Facilitation Services (As They Relate to the Export of
Products and Services)
All export trade facilitation services including, but not limited
to, 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 trade
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 trade or 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, consultation with prospective 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. AHH's may discuss and agree with AHH's Members and/or Export
Intermediaries with which AHH has entered into agreements pursuant to
paragraph 3 above on export prices to be charged by AHH, AHH's Members,
or such 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, AAH'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.
Terms and Conditions of Certificate
1. Except as expressly authorized in paragraph 2(c) of the Export
Trade Activities and Methods of Operation, in engaging in such Export
Trade Activities and Methods of Operation neither AHH nor any Member
shall intentionally disclose, directly or indirectly, to any other
Member any information about its or any other Member's costs,
production, capacity, inventories, domestic prices, domestic sales, or
U.S. business plans, strategies, or methods unless (i) such information
is already generally available to the trade or public; or (ii) the
information disclosed is a necessary term or condition (e.g. price,
time required to fill an order, etc.) of an actual or potential bona
fide sale and the disclosure is limited to the prospective purchaser.
2. AHH and its Members 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. 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.
Protection Provided by the Certificate
This Certificate protects AHH, its Members, and directors,
officers, and employees acting on behalf of AHH and its Members, 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 AHH and its Members 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 AHH 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
AHH or its Members or (b) the legality of such business plans of AHH or
its Members 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, N.W., Washington, D.C. 20230.
EFFECTIVE DATE: July 13, 1994.
Dated: July 15, 1994.
W. Dawn Busby,
Director, Office of Trading Company Affairs.
[FR Doc. 94-17725 Filed 7-20-94; 8:45 am]
BILLING CODE 3510-DR-P
