[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Notices]
[Pages 25199-25200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11615]



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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. 94-0003.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to James W. Smith (D.B.A. Premier International). 
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 325.11(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

Export Trade

1. Products
    All products.
2. Services
    All services.
3. Export Trade Facilitation Services (as they relate to the Export of 
Products and Services)
    All export trade facilitation services including, but not limited 
to, consulting; foreign market research; marketing and trade promotion; 
financing; insurance; licensing; services related to compliance with 
customs documentation and procedures; transportation and shipping; 
warehousing and other services to facilitate the transfer of ownership 
and/or distribution; and communication and processing of export orders.

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

    James W. Smith (D.B.A. Premier International), acting as an Export 
Intermediary, may:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotional and marketing activities as they relate to 
exporting Products and/or Services to the Export Markets;
    3. Enter into exclusive sales agreements with Suppliers regarding 
sales of Products and/or Services in the Export Markets; such agreement 
may prohibit suppliers from exporting independently of James W. Smith 
(D.B.A. Premier International);
    4. Enter into exclusive sales and/or territorial agreements with 
distributors in the Export Markets;
    5. Establish the price of Products and/or Services for sale in the 
Export Markets;
    6. Allocate export orders among his Suppliers; and,
    7. Exchange information on a one-on-one basis with individual 
Suppliers regarding inventories and near-term production schedules for 
the purpose of determining the availability of Products for export and 
coordinating export with distributors.

Terms and Conditions of Certificate

    1. In engaging in the above Export Trade Activities and Methods of 
Operation, James W. Smith (D.B.A. Premier International) 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. James W. Smith (D.B.A. Premier International) 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. [[Page 25200]] 

Protection Provided by the Certificate

    This Certificate protects James W. Smith (D.B.A. Premier 
International) and his employees acting on his behalf 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 James W. Smith (D.B.A. 
Premier International) 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 James W. Smith 
(D.B.A. Premier International) 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 James W. Smith 
(D.B.A. Premier International) or its Members or (b) the legality of 
such business plans of James W. Smith (D.B.A. Premier International) 
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, NW., Washington, DC 20230.

    Effective Date: July 13, 1994.

    Dated: May 5, 1995.
W. Dawn Busby,
Director, Office of Trading Company.
[FR Doc. 95-11615 Filed 5-10-95; 8:45 am]
BILLING CODE 3510-DR-P