Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Notices 25199

Yakima, Washington

Chelan District Ranger decisions:

The Wenatchee World, Wentachee,

Washington

Newspaper providing additional notice

of Chelan decisions:

The Yakima Herald-Republic,

Yakima, Washington

Cle Elum District Ranger decisions:

The Wenatchee World, Wenatchee,

Washington

Newspaper providing additional notice

of Cle Elum decisions:

The Yakima Herald-Republic,

Yakima, Washington

Entiat District Ranger decisions:

The Wenatchee World, Wenatchee,

Washington

Newspaper providing additional notice

of Entiat decisions:

The Yakima Herald-Republic,

Yakima, Washington

Lake Wenatchee District Ranger

decisions:

The Wenatchee World, Wenatchee,

Washington

Newspaper providing additional notice

of Lake Wenatchee decisions:

The Yakima Herald-Republic,

Yakima, Washington

Leavenworth District Ranger decisions:

The Wenatchee World, Wenatchee,

Washington

Newspaper providing additional notice

of Leavenworth decisions:

The Yakima Herald-Republic,

Yakima, Washington

Naches District Ranger decisions:

The Wenatchee World, Wenatchee,

Washington

Newspaper providing additional notice

of Naches decisions:

The Yakima Herald-Republic,

Yakima, Washington

Dated: May 5, 1995.

Nancy Graybeal,

Deputy Regional Forester.

[FR Doc. 95–11623 Filed 5–10–95; 8:45 am]

BILLING CODE 3410–11–M

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.

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-onone 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.
25200 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Notices

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

Export Trade Certificate of Review

ACTION: Notice of Application for an

Amendment to an Export Trade

Certificate of Review, Application No.

90–4A006.

SUMMARY: The Department of Commerce

has received an application to amend an

Export Trade Certificate of Review. This

notice summarizes the amendment and

requests comments relevant to whether

the amended Certificate should be

issued.

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. 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 determining

whether the Certificate should be

amended. An original and five (5)

copies should be submitted not later

than 30 days after the date of this notice

to: Office of Export Trading Company

Affairs, International Trade

Administration, Department of

Commerce, Room 1800H, Washington,

D.C. 20230. Information submitted by

any person is exempt from disclosure

under the Freedom of Information Act

(5 U.S.C. 552). Comments should refer

to this application as ‘‘Export Trade

Certificate of Review, application

number 90–4A006.’’

The Forging Industry Associations’s

(FIA) original Certificate was issued on

July 9, 1990 (55 FR 28801, July 13,

1990). Previous amendments to the

Certificate were issued on April 30,

1991 (56 FR 21128, May 7, 1991), May

29, 1992 (57 FR 24022, June 5, 1992)

and on April 1, 1994 (67 FR 16619,

April 7, 1994).

Summary of the Application

Applicant: Forging Industry

Association, 25 Prospect Avenue West,

Suite 300, Cleveland, Ohio 44115.

Contact: Donald J. Farley, Staff

Executive, Telephone: (216) 781–6260.

Application No.: 90–4A006.

Date Deemed Submitted: May 3, 1995.

Proposed Amendment: FIA seeks to

amend its Certificate to:

1. Add the following company as a

‘‘Member’’ within the meaning of

Section 325.2 (1) of the Regulations (15

CFR 325.2(1)): National Forge Company,

Irvine, Pennsylvania;

2. Delete the following three

companies as ‘‘Members’’ within the

meaning of Section 325.2(1) of the

Regulations (15 CFR 325.2(1)): FMC

Corporation, Anniston, Alabama;

McWilliams Forge Company, Inc.,

Rockaway, New Jersey; and Union

Forging Co., Endicott, New York.

3. Reflect that Cameron Forge

Company, Cypress, Texas is now a

division of Wyman-Gordon Company,

Worcester, Massachusetts. Since

Wyman-Gordon is a current member,

Cameron Forge Company will be

deleted as a ‘‘Member’’.

4. Reflect a change in the names of the

following current Members: Airfoil

Forging Textron, Inc., Cleveland, Ohio

is now Turbine Engine Components,

Textron (a subsidiary of Textron, Inc.).

Dated: May 5, 1995.

W. Dawn Busby,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 95–11614 Filed 5–10–95; 8:45 am]

BILLING CODE 3510–DR–P

President’s Export Council Meeting of

the Subcommittee on Foreign Market

Development, Asia-Africa-Middle East

AGENCY: International Trade

Administration, U.S. Department of

Commerce.

ACTION: Notice of open meeting.

SUMMARY: The Subcommittee on Foreign

Market Development, Asia-AfricaMiddle East, of the President’s Export

Council will hold an open meeting to

discuss topics related to the ‘‘blueprint’’

for Asia-Pacific Economic Cooperation,

and trade facilitation in Asia, Africa and

the Middle East. The President’s Export

Council was established on December

20, 1973, and reconstituted May 4, 1979

to advise the President on matters

relating to U.S. export trade. It was most