[Federal Register Volume 60, Number 164 (Thursday, August 24, 1995)]
[Notices]
[Pages 44020-44022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21066]
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DEPARTMENT OF COMMERCE
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 95-00003.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to U.S. Textile Export Co., Inc., t/a TEXPORT,
Inc. on August 15, 1995. 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.
[[Page 44021]]
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:
A. Export Trade
1. Products
Broadwoven fabric, cotton (SIC 2211); Broadwoven fabric, man-made
fiber (SIC 2221); Broadwoven fabric, wool (SIC 2231); Narrow woven
fabric and other small wares (SIC 2258); Finishers of broadwoven fabric
of cotton (SIC 2261); Finishers of broadwoven fabrics of man-made fiber
(SIC 2262); Nonwoven fabrics (SIC 2297).
2. Export Trade Facilitation Services (As They Relate to the Export of
Products and Services)
Export Trade Facilitation Services including advertising and
promotional services, market research, purchase or commission studies
and reports of foreign markets, legal, accounting, customs brokerage
and other services.
B. 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
1. To engage in Export Trade in the Export Markets, TEXPORT and/or
one or more of its Members may:
a. Solicit orders from foreign customers;
b. Arrange for transportation of merchandise sold from Members'
plants, warehouses, etc. to customers' premises;
c. Arrange for financing of sales, collect accounts receivable and
disburse funds to Members;
d. Arrange for customs clearance and, where applicable and
permitted, assist Members in filing claims for drawback of duties paid
on imported raw materials;
e. Collaborate with one or more of its Members or on its own, to
conduct market research in foreign markets; purchase or commission
studies and reports of foreign markets; participate in trade shows and
missions; secure and provide advertising and promotional services;
engage legal, accounting, customs brokerage and other services required
to facilitate TEXPORT's ongoing business activity; and solicit, from
private or public sector sources, monetary grants and funding to assist
TEXPORT in the conduct of its business;
f. Quote prices to potential customers from Members' price lists,
with each member being free to deviate from such prices by whatever
amount it sees fit;
g. Confer, from time to time, with one or more of its Members
regarding a potential sale with regard to the quantities, price,
delivery schedule and other pertinent matters pertaining thereto.
Members may agree to share in a sale or submit joint bids. TEXPORT and
one or more of its Members may refuse to quote prices for, market or
sell Products in Export Markets;
h. Require that active membership in the American Textile
Manufacturers Institute be a condition for membership in TEXTPORT,
Inc.;
i. Receive a commission on final sales by the Member(s) for whose
account the sale was made, the percentage of such commission to be
mutually agreed between applicant and Member(s).
2. TEXPORT, Inc. will not divulge the prices or quantities of goods
sold for any Member's account to other Members but reserves the right
to divulge the total of sales commissions paid by an individual Member
during any fiscal year.
3. Members may exchange and discuss the following types of
information:
a. Information that is already generally available to the trade or
public;
b. Information about sales or marketing efforts in Export Markets;
activities and opportunities for sales of Products in Export Markets;
pricing in Export Markets; projected demand in Export Markets;
customary terms of sale in Export Markets; the types and prices of
Products available from competitors for sale in Export Markets; and
customer specifications for Products in Export Markets;
c. Information about the export prices, quality, quantity, source,
and delivery dates of Products available from Members for export;
d. Information about terms, conditions, and specifications of
particular contracts for sale in Export Markets to be considered and/or
bid on by TEXPORT Members;
e. Information about joint bidding, selling, or servicing
arrangements in Export Markets and allocation of sales resulting
therefrom among the Members;
f. Information about expenses specific to exporting to, and
distribution and sale in, Export Markets, including, without
limitation, transportation, intermodal shipments, insurance, inland
freight to port, port storage, commissions, export sales,
documentation, financing, customs, duties, and taxes;
g. Information about U.S. and foreign legislation and regulations
affecting sales in Export Markets; and information about TEXPORT's or
the Members' export operations, including, without limitation, sales
and distribution networks established by TEXPORT or the Members in
Export Markets, and prior export sales by Members (including prior
export price information).
Terms and Conditions of Certificate
(a) Except as provided in paragraphs two and three (f) of Export
Trade Activities and Methods of Operation, in engaging in Export Trade
Activities and Methods of Operation, neither TEXPORT nor any Member
shall intentionally disclose, directly or indirectly, to any other
Member any information that is about its or any other Member's costs,
production, capacity, inventories, domestic prices, domestic sales,
domestic orders, terms of domestic marketing or sale, 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 purchasing Member.
(b) Participation by a Member in any Export Trade Activity or
Method of Operation under this Certificate shall be entirely voluntary
as to that Member, subject to the honoring of contractual commitments
for sales of Products in specific export transactions. A Member may
withdraw from coverage under this Certificate at any time by giving
written notice to TEXPORT, a copy of which
[[Page 44022]]
TEXPORT shall promptly transmit to the Secretary of Commerce and the
Attorney General.
(c) TEXPORT 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
this Certificate. The Secretary of Commerce will request such
information when either the Attorney General or the Secretary of
Commerce believes that the information or documents are required to
determine that the Export Trade Activities or 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. Member means a person who has a membership in TEXPORT, Inc. and
who has been certified as a ``Member'' within the meaning of
Sec. 325.2(1) of the regulations set out in Attachment A and
incorporated by reference.
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.
Effective date: August 18, 1995.
Dated: August 18, 1995.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
Attachment A
Members (Within the Meaning of Section 325.2(1) of the Regulations)
Arkwright Mills, Spartanburg, SC
Armtex, Inc., Pilot Mountain, NC
Cleyn & Tinker (1989) Inc., Huntingdon, Quebec, Canada
CMI Industries, Inc., Columbia, SC
Copland, Inc., Burlington, NC
Cranston Print Works Company, Cranston, RI
Greenwood Mills, Inc., Greenwood, SC
Hamrick Mills, Gaffney, SC
Inman Mills, Inman, SC
Mayfair Mills, Inc., Arcadia, SC
The New Cherokee Corporation, Spindale, NC
Southern Mills, Inc., Union City, GA
Spartan Mills, Inc., Spartanburg, SC
[FR Doc. 95-21066 Filed 8-23-95; 8:45 am]
BILLING CODE 3510-DR-P
