[Federal Register: October 21, 1999 (Volume 64, Number 203)]
[Notices]               
[Page 56771-56772]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21oc99-41]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

 
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: Morton Schnabel, 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. If the comments 
include any privileged or confidential business information, it must be 
clearly marked and a nonconfidential version of the comments 
(identified as such) should be included. Any comments not marked 
privileged or confidential business information will be deemed to be 
nonconfidential. An original and five copies, plus two copies of the 
nonconfidential version, 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 1104H, Washington, D.C. 20230. Information submitted by any person 
is exempt from disclosure under the Freedom of Information Act (5 
U.S.C. 552). However, nonconfidential versions of the comments will be 
made available to the applicant if necessary for determining whether or 
not to issue the Certificate. Comments should refer to this application 
as ``Export Trade Certificate of Review, application number 99-00006.'' 
A summary of the application follows.

Summary of the Application

    Applicant: T.P. International Expo Services Inc. (``TPIES'') 31-10 
23rd Avenue, Long Island City, N.Y. 11105.
    Contact: Tina Kontou Psomas, President.
    Telephone: (718) 728-7275.
    Application No.: 99-00006
    Date Deemed Submitted: October 13, 1999.
    Members (in addition to applicant): None.
    T.P. International Expo Services Inc. 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, including, but not limited to: professional services in the 
areas of government relations and assistance with state and federal 
export programs; foreign trade and business protocol; consulting; 
market research and analysis; collection of information on trade 
opportunities; marketing; negotiations; joint ventures; shipping and 
export management; export licensing; advertising; documentation and 
services related to compliance with customs requirements; insurance and 
financing; bonding; warehousing; export trade promotion; 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).
    The proposed Export Trade Certificate of Review would extend 
antitrust protection to TPIES to conduct the following export trade 
activities:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotion and marketing activities and collect and 
distribute information on trade opportunities in the Export Market;
    3. Enter into exclusive and/or non-exclusive agreements with 
distributors, foreign buyers, and/or sales representatives in Export 
Markets;
    4. Enter into exclusive or non-exclusive sales agreements with 
Suppliers, Export Intermediaries, or other persons for the sale of 
Products and Services;
    5. Enter into exclusive or non-exclusive licensing agreements with 
Suppliers, Export Intermediaries, or other persons for licensing 
Technology Rights in Export Markets;
    6. Allocate export orders among Suppliers;
    7. Allocate the sales, export orders and/or divide Export Markets, 
among Suppliers, Export Intermediaries, or other persons for the sale 
of Products and Services;

[[Page 56772]]

    8. Allocate the licensing of Technology Rights among Suppliers, 
Export Intermediaries, or other persons;
    9. Establish the price of Products and Services for sale in Export 
Markets;
    10. Establish the fee for licensing of Technology Rights in Export 
Markets; and
    11. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
TPIES 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. TPIES 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.

    Dated: October 18, 1999.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 99-27523 Filed 10-20-99; 8:45 am]
BILLING CODE 3510-DR-P