[Federal Register Volume 65, Number 78 (Friday, April 21, 2000)]
[Notices]
[Page 21398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9994]


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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 (``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: 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#aac5cfdec9cbeac3decb84cec5c984cdc5dc"><span class="__cf_email__" data-cfemail="98f7fdecfbf9d8f1ecf9b6fcf7fbb6fff7ee">[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. 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 transmitted by E-mail to 
<a href="/cdn-cgi/l/email-protection#a4cbc1d0c7c5e4cdd0c58ac0cbc78ac3cbd2"><span class="__cf_email__" data-cfemail="28474d5c4b4968415c49064c474b064f475e">[email protected]</span></a>. 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 00-00002.'' A 
summary of the application follows.

Summary of the Application

    Applicant: CONSOL Energy Inc. (``CEI''), 1800 Washington Road, 
Pittsburgh, Pennsylvania 15241.
    Contact: William G. Rieland, Vice President, Sales, Telephone: 
(412) 831-4032.
    Application No.: 00-00002.
    Date Deemed Submitted: April 7, 2000.
    Member (in addition to applicant): AMCI Export Corporation, 
Latrobe, PA.
    CEI seeks a Certificate to cover the following specific Export 
Trade, Export Markets, and Export Trade Activities and Methods of 
Operations.

Export Trade

Product
      Bituminous coal.

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 CEI to conduct the following export trade 
activities:
    1. Gathering and sharing market intelligence about CEI's and 
member's mutual international competition and the outcome of purchasing 
decisions in foreign bituminous coal markets;
    2. Allocating market opportunities between CEI and member. As sales 
opportunities arise in foreign countries CEI and member would jointly 
determine which company is best served to bid for the business. CEI and 
member would not compete against each other as foreign opportunities 
develop;
    3. Jointly determining the appropriate price that the bidding 
member would apply to each foreign business opportunity;
    4. Predetermine which of CEI's or member's coal production sources 
would be offered for sale on each foreign business opportunity;
    5. Jointly developing logistical arrangements in order to move the 
bituminous coal to predetermined markets. These activities would 
include jointly arranging shipment schedules with railroads, barge 
carriers, vessel loading terminals, unloading terminals and ocean 
vessel owners; and
    6. CEI and member would jointly negotiate vessel rates in order to 
improve the transportation economics of export bituminous coal 
shipments to their foreign customers.

    Dated: April 14, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-9994 Filed 4-20-00; 8:45 am]
BILLING CODE 3510-DR-P


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