[Federal Register: January 31, 2001 (Volume 66, Number 21)]
[Notices]
[Page 8386-8388]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja01-28]
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DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review; Notice of Application
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: Vanessa M. Bachman, Acting Director,
Office of Export Trading Company Affairs, International Trade
Administration, (202) 482-5131 (this is not a toll-free number) or by
E-mail at oetca@ita.doc.gov.
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, DC 20230, or transmit by E-mail at
oetca@ita.doc.gov. Information submitted by any person is exempt from
disclosure under the Freedom of Information Act (5 U.S.C. 552).
[[Page 8387]]
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 01-00001.'' A
summary of the application follows.
Summary of the Application
Applicant: Ginseng Board of Wisconsin, Inc.(``GBW''), 16H Menard
Plaza, Wausau, Wisconsin 54401.
Contact: Joan Eckes, Manager.
Telephone: (715) 845-7300.
Application No.: 01-00001.
Date Deemed Submitted: January 16, 2001.
GBW is a non-stock, non-profit corporation established to
administer the Wisconsin Ginseng Marketing Order (Chapter Ag. 148, Wis.
Adm. Code). Members (in addition to applicant): Ginseng Research
Institute of America, Inc. (``GRIA''), Wausau, WI; Ginseng & Herb Co-op
(``GHC''), Wausau, WI; and Ms. Mechthild Handke, Dusseldorf, Germany
(representative for GBW and GHC).
Export Trade:
1. Products
Ginseng and ginseng products; golden seal and golden seal products;
echinacea and echinacea products.
2. Services
All services related to the export of Products.
3. Technology Rights
All intellectual property rights associated with Products or
Services, including, but not limited to, patents, trademarks, service
marks, trade names, copyrights, neighboring (related) rights, trade
secrets, know-how, and sui generis forms of protection for databases
and computer programs.
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:
foreign market development, consulting, international market research,
all product research and design, development of trade strategy, legal
assistance, marketing, promotion, sales, distribution, trade
documentation, trade shows, freight forwarding, consolidation of export
shipments, transportation, communication and processing of export
orders; warehousing, foreign exchange, financing, taking title to
goods, customs, duties, taxes, insurance, billing collection,
inspection and quality control.
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 GBW and the Members cited above in connection
with the following Export Trade related activities:
1. Design and execute foreign marketing strategies for Export
Markets;
2. Establish base prices at which the Products will be sold for
export, and set all or other terms of export sales;
3. Agree on quantities of Product to be sold. GHC and GBW shall not
require any Product supplier to export a minimum quantity. Grower names
will be in a lottery draw and as names are drawn, this is the order in
which growers will be contacted to see if they want to sell. If the
grower decides not to sell, his name is put at the end. Growers also
have an ``option out'' feature with the coop, should they decide to
discontinue;
4. GBW and/or Mechthild and GHC may refuse to quote prices for
Products, or to market or sell Products to/or for any customers in the
Export Markets, or any countries or geographical areas in the Export
Markets;
5. GBW and GHC may conduct promotional activities such as: design,
develop and use promotional material using trademarked seal and/or
other material. GBW, GHC may design, develop and market generic or
other corporate labels for use in Export Markets. GBW and GHC may
arrange trade shows, marketing trips, advertising services, conduct
international market and Product research;
6. GBW and GHC may conduct marketing and distribution of the
Products;
7. GBW and GHC may enter into exclusive agreements appointing one
or more export trade intermediaries for the sale of products with
price, quantity, territory, country and/or customer restrictions.
(``Exclusive'' means that GBW and GHC may agree not to sell Products
into designated Export Markets through any other foreign distributor
and that the foreign distributor may agree to represent only GBW and
GHC in the Export Markets and none of GBW and GHC competitors.);
8. Conduct product and packaging research and development
exclusively for export in order to meet foreign regulatory
requirements, foreign buyer specifications, and foreign consumer
preferences;
9. Negotiate and enter into agreements with governments and other
foreign persons regarding non-tariff barriers in Export Markets;
10. Advise and cooperate with the United States Government in
establishing procedures regulating the export of the Products;
11. Participate in negotiations and enter into agreements with
foreign buyers (including governments and private persons) regarding
fumigating, packing and other quality control and/or phytosanitary
procedures, and/or funding requirements to be followed in the export of
the Products. Such procedures may include activities related to insect
and disease detection, certification, inspection, storage and treatment
protocols required to qualify Products for export and to meet the
import requirements of the foreign government. GBW and/or its Members
may establish and operate fumigation facilities for use in the export
of the Products;
12. Negotiate or enter into purchase agreements with buyers in
Export Markets regarding terms and conditions of sales;
13. Broker or take title to Products and research data intended for
Export Markets;
14. Jointly undertake the administrative tasks of processing export
orders;
15. Engage in joint promotional activities (such as advertising or
trade shows) for developing existing or new markets;
16. Procure, negotiate, contract, and administer transportation
services for Products in the course of export, including overseas
freight transportation, inland freight transportation from portal to
embarkment, leasing of transportation equipment and facilities,
storing/warehousing, stevedoring, wharfage, handling, insurance,
freight forwarder services;
17. Arrange for trade documentation, services, customs clearance,
financial instruments, and foreign exchange;
18. Compile and discuss information regarding expenses specific to
exporting the Products to and within the Export Markets, including
without limitation, all modes of transportation, port storage, export
sales, commissions, documentation, duties and taxes;
[[Page 8388]]
19. Operate and establish jointly owned subsidiaries or other joint
venture entities, owned exclusively by GBW and/or its Members, to
export Products to Export Markets; operate warranty, service, and
training centers in Export Markets; and to provide Export Trade
Facilitation Services to Members and nonmember suppliers of Products.
Member and nonmember Wisconsin suppliers may ship Products through GHC;
20. Require the licensing of and license any intellectual property
resulting from the research conducted by the GRIA. The use of this
research data in conjunction with the sale of Products shall be
determined by negotiations between the export customer, GBW and GRIA;
21. Arrange financing through private and public financial
entities;
22. Bill and collect monies from foreign buyers; perform or arrange
for all legal and financial services in relation to Export Trade
Activities and Methods of Operation;
23. Require the use of the Wisconsin Ginseng Seal for Products sold
in the Export Markets;
24. Provide marketing and/or health benefit research data to
customers, distributors and other export trade intermediaries in the
Export Markets for use in promotion of Products, and enter into
licensing arrangements of such data with export trade intermediaries
and buyers in the Export Markets;
25. Wisconsin Ginseng Seal: GBW and/or its Members can require that
the seal emblem only be used to identify and signify that the product
is grown in United States--Wisconsin and contains 100% pure Wisconsin
Ginseng;
26. Negotiate and enter into agreements with governments and
foreign persons to develop counter-trade arrangements, provided that
this Certificate does not protect any conduct related to the sale of
goods in the U.S. that are imported as part of any counter trade
transactions;
27. Apply for and utilize applicable export assistance and
incentive programs available within governmental sectors;
28. Open, operate and staff overseas sales and distribution offices
to facilitate the sales and distribution of Products to and within
Export Markets; and
29. Exchange information as necessary to carry out Export Trade
Activities and Methods of Operation between GBW, GRIA, GHC and other
entities. Bring together from time to time GBW, its Members, and export
trade intermediaries in the Export Markets to discuss and plan how to
fulfill the Product, Service, and/or Technology requirements of
specific export customers or Export Markets.
Dated: January 26, 2001.
Vanessa M. Bachman,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 01-2674 Filed 1-30-01; 8:45 am]
BILLING CODE 3510-DR-U