[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Notices]
[Pages 68981-68982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29092]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of application to amend an Export Trade Certificate of 
Review.

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SUMMARY: The Office of Export Trading Company Affairs (``OETCA''), 
International Trade Administration, Department of Commerce, has 
received an application to amend an Export Trade Certificate of Review 
(``Certificate''). This notice summarizes the proposed amendment 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) or E-mail at 
<a href="/cdn-cgi/l/email-protection#137c76677072537a67723d777c703d747c65"><span class="__cf_email__" data-cfemail="d5bab0a1b6b495bca1b4fbb1bab6fbb2baa3">[email protected]</span></a>.

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. An Export Trade 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 Export Trading Company 
Act of 1982 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 an amended 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 (5) copies, plus two (2) 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. 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 95-3A006.''
    The Water and Wastewater Equipment Manufacturers Association's 
(``WWEMA'') original Certificate was issued on June 21, 1996 (61 FR 
36708, July 12, 1996) and previously amended on May 20, 1997 (62 FR 
29104, May 29, 1997) and February 23, 1998 (63 FR 10003, February 27, 
1998). A summary of the application for an amendment follows.

Summary of the Application:

    Applicant: The Water and Wastewater Equipment Manufacturers 
Association, 101 E. Holly Avenue, Suite 3, Sterling, Virginia 20164.
    Contact: Randolph J. Stayin, Counsel, Telephone: (202) 289-1313.
    Application No.: 95-3A006.
    Date Deemed Submitted: November 2, 2000.
    Proposed Amendment: WWEMA seeks to amend its Certificate to:
    1. Add each of the following companies as a new ``Member'' of the 
Certificate within the meaning of section 325.2(1) of the Regulations 
(15 CFR 325.2(1)): Aqua-Aerobic Systems, Inc., Rockford, Illinois; 
Pentair Pump Group, Inc., North Aurora, Illinois; and Sanitaire 
Corporation, Brown Deer, Wisconsin;
    2. Delete the following companies as ``Members'' of the 
Certificate: Aero-Mod, Incorporated, Manhattan, Kansas; Elsag Bailey 
Process Automation N.V. for the activities of its unit Bailey-Fischer & 
Porter Company, Warminster, Pennsylvania; CBI Walker, Inc., Aurora, 
Illinois; Dorr-Oliver Incorporated, Milford, Connecticut; Enviroquip, 
Inc., Austin, Texas; General Signal Corporation for the activities of 
its unit General Signal Pump Group, North Aurora, Illinois; Great Lakes 
Environmental, Inc., Addison, Illinois; Hycor Corporation, Lake Bluff, 
Illinois; I. Kruger, Inc., Cary, North Carolina; Jeffrey Chain 
Corporation, Morristown, Tennessee; Mass Transfer Systems, Inc., Fall 
River, Massachusetts; Patterson Pump Co., Taccoa, Georgia; SanTech,

[[Page 68982]]

Inc. dba Sanborn Technologies, Medway, Massachusetts; Wallace & 
Tiernan, Inc., Belleville, New Jersey; Water Equipment Technologies, 
Inc., West Palm Beach, Florida; Water Pollution Control Corp, Brown 
Deer, Wisconsin; Waterlink, Inc., Canton, Ohio; and Waterlink 
Operational Services, Inc. dba Blue Water Services, Manhattan, Kansas;
    3. Change the listing of the company name for the current Member 
A.O. Smith Harvestore Products, Inc. to the new listing A.O. Smith 
Engineered Storage Products Company; and
    4. Remove from the current Certificate, the restriction found under 
Export Trade Activities and Methods of Operation Paragraph F (1-3) 
placed on Restricted Members Conservatek Industries, Inc. and Temcor 
regarding the Restricted Product Aluminum Covers:
    1. Participation in any price discussion is limited to instances in 
which the prices are discussed and determined solely in the following 
manner: a Neutral Third Party, as hereinafter defined, acting 
independently, will obtain price information concerning each Restricted 
Product for which the Restricted Members listed in conjunction 
therewith intend to participate as part of a joint bid or other sales 
arrangement, and will incorporate such price information into the bid 
or other arrangement.
    (i) For purposes of this paragraph, ``acting independently'' means 
that the Neutral Third Party who obtains the price information from the 
Restricted Members, and who negotiates offer prices on behalf of the 
Restricted Members, will not disclose the price information of one 
Restricted Member to another Restricted Member intending to participate 
in a joint bid or other sales arrangement as a Supplier of the 
Restricted Products.
    (ii) For purposes of this paragraph, ``Neutral Third Party'' means 
an individual, partnership, corporation (profit or non-profit), or any 
representative thereof which is not engaged in the manufacture, 
distribution, or sale of any Restricted Product. Any Member may be a 
Neutral Third Party as long as it meets the requirements set out above.
    2. The limitation set forth in paragraph F.1 above also shall apply 
to instances where more than one Restricted Member intends to 
participate in the joint bid or other sales arrangement but the 
participation of one is solely as an Export Intermediary for the Export 
Trade Activity or Method of Operation.
    3. Neither WWEMA nor any Member participating in the Export Trade 
Activity or Method of Operation shall disclose the price information of 
one Restricted Member to another Restricted Member with respect to the 
relevant Restricted Product.

    Dated: November 8, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-29092 Filed 11-14-00; 8:45 am]
BILLING CODE 3510-DR-P


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