[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Notices]
[Pages 28086-28087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13101]



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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, International 
Trade Administration, Department of Commerce, has received an 
application for an Export Trade Certificate of Review. This notice 
summarizes the application and requests comments relevant to whether 
the 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 the 
determination whether a Certificate should be issued. An original and 
five (5) copies 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 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 95-00003.'' A summary of the application 
follows.

Summary of the Application:

Applicant: U.S. Textile Export Co., Inc. d/b/a TEXPORT, Inc., 510 King 
Street, Suite 415, Alexandria, Virginia 22314, Contact: Charles V. 
Bremer, Telephone: 202-862-0533,
Application No.: 95-00003
Date Deemed Submitted: May 15, 1995.

    Members (in addition to applicant): Arkwright Mills, Spartanburg, 
SC; Armtex, Inc., Pilot Mountain, NC; Cleyn & Tinker, Inc., Huntingdon, 
Quebec, Canada; CMI Industries, Inc., Columbia, SC; Copland, Inc., 
Burlington, NC; Cranston Print Works Company, Cranston, RI; Greenwood 
Mills, Inc., Greenwood, SC; Hamrick Mills, Gaffney, SC; Inman Mills, 
Inman, SC; Mayfair Mills, Inc., Arcadia, SC; The New Cherokee 
Corporation, Spindale, NC; Southern Mills, Inc., Union City, GA; 
Spartan Mills, Inc., Spartanburg, SC.
    U.S. Textile Export Co., Inc. (``TEXPORT 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

    Broadwoven Fabric, Cotton (SIC 2211); Broadwoven Fabric, Man-made 
Fiber (SIC 2221); Broadwoven Fabric, Wool (SIC 2231); Narrow woven 
fabric and other small wares (SIC 1224); Weft Knit Fabric (SIC 2257); 
Warp Knit Fabric (SIC 2258); Finishers of Broadwoven Fabric of Cotton 
(SIC 2261); Finishers of Broadwoven Fabrics of Man-made Fiber (SIC 
2262); Nonwoven Fabrics (SIC 2297).

2. Export Trade Facilitation Services (as they relate to the Export of 
Products and Services)

    Export Trade Facilitation Services including professional services 
in the areas of government relations, foreign trade and business 
protocol, marketing, marketing research, negotiations, shipping, export 
management, documentation, insurance and financing.
Export Markets

    The Export Markets include all parts of the world except the United 
States (the fifty states of the United States, the 
[[Page 28087]] 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

1. To engage in Export Trade in the Export Markets, as an Export 
Intermediary, TEXPORT, Inc. may:
    a. Solicit orders from foreign customers.
    b. Arrange for transportation of merchandise sold from Members' 
plants, warehouses, etc. to cutomers' premises.
    c. Arrange for financing of sales, collect accounts receivable and 
disburse funds to Members.
    d. Arrange for customs clearance and, where applicable and 
permitted, assist Members in filing claims for drawback of duties paid 
on imported raw materials.
    e. Collaborate with one or more of its Members or on its own, to 
conduct market research in foreign markets; purchase or commission 
studies and reports of foreign markets; participate in trade shows and 
missions; secure and provide advertising and promotional services; 
engage legal, accounting, customs brokerage and other services required 
to facilitate the applicant's ongoing business activity; and solicit, 
from private or public sector sources, monetary grants and funding to 
assist the applicant in the conduct of its business.
    f. Quote prices to potential customers from Members' price lists. 
Members will agree that selling prices may be negotiated between 
applicant and customers with Member's prior approval.
    g. Confer, from time to time, with one or more of its Members 
regarding a potential sale with regard to the quantities, price, 
delivery schedule and other pertinent matters pertaining thereto. 
Members may agree to share in a sale or submit joint bids. The 
applicant and one or more of its Members may refuse to quote prices or 
solicit or make a sale for reasons they deem fit.
    h. Require that active membership in the American Textile 
Manufacturers Institute be a condition for membership in TEXTPORT, Inc.
    i. Receive a commission on final sales by the Member(s) for whose 
account the sale was made, the percentage of such commission to be 
mutually agreed between applicant and Member(s).
2. It will be agreed that the applicant will not divulge the prices or 
quantities of goods sold for any Member's account to other Members but 
reserves the right to divulge the total of sales commissions paid by an 
individual Member during any fiscal year.

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. ``Member'' means a person who has a membership in TEXPORT, Inc. and 
who has been certified as a ``Member'' within the meaning of Section 
325.2(1) of the Regulations.

    Dated: May 23, 1995.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 95-13101 Filed 5-26-95; 8:45 am]
BILLING CODE 3510-DR-P