[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Notices]
[Pages 2572-2573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-582]



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DEPARTMENT OF COMMERCE

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 94-0006.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to P & B International (``P & B''). 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 (1994).
    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)

    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

    To engage in Export Trade in the Export Markets, as an Export 
Intermediary, P & B 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 export sales agreements with Suppliers 
regarding sales of Products and/or Services in the Export Markets; such 
agreement may prohibit Suppliers from exporting independently of P & B;
    4. Enter into exclusive sales and/or territorial agreements with 
distributors in Export Markets;
    5. Establish the price of Products and/or Services for sale in the 
Export Markets;
    6. Allocate export orders among its 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.

Members (Within the Meaning of Section 325.2(1) of the Regulations)

Peter T. Peterson
Oliver L. Brown

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
P & B and its Members 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. [[Page 2573]] 
    2. P & B and its Members 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, including each Member, who produces, 
provides, or sells a Product, Service, or Export Trade Facilitation 
Services.

Protection Provided by the Certificate

    This Certificate protects P & B, its Members, and their employees 
acting on their 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 P & B and its Members 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 P & B 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 P & B or (b) the legality of such business plans of P 
& B 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.

    Dated: January 4, 1995.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 95-582 Filed 1-9-95; 8:45 am]
BILLING CODE 3510-DR-P