Export Trade Certificate of Review

Federal RegisterJan 28, 1994

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DEPARTMENT OF COMMERCE

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 conduct for which certification is sought and requests

comments relevant to whether the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Friedrich R. Crupe, Acting 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, DC 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 94-00001.'' A summary of the application

follows.

Summary of the Application

Applicant: Northeast Florida Export Trading Company, Inc., Post

Office Box 28136, Jacksonville, Florida 32226, Contact: Joseph Strain,

Founder & President, Telephone: (904) 346-5435.

Application No.: 94-00001.

Date Deemed Submitted: January l4, 1994.

Members (in addition to applicant): None.

Northeast Florida Export Trading Company, 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

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 in connection with the

export of Products and Services, including consulting, international

market research, advertising, marketing, insurance, product research

and design, legal assistance, transportation, trade documentation,

freight forwarding, communication and processing of foreign orders,

warehousing, foreign exchange 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 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) and the Republic of South

Africa.

Export Trade Activities and Methods of Operation

Northeast Florida Export Trading Company, Inc. may:

1. Require that exporters using its Export Trade Facilitation

Services sign exclusive dealing contracts allowing Northeast Florida

Export Trading Company, Inc. to be their sole Export Intermediary for

sales to specified markets.

2. Require exporters using its Export Trade Facilitation Services

to export through the Jacksonville Port Authority Aviation and Marine

Facilities.

3. Sign exclusive distributorship agreements with other Export

Intermediaries that prohibit such other Export Intermediaries from

handling competing Products and Services.

4. Sign exclusive arrangements with its clients that prohibit

Northeast Florida Export Trading Company, Inc. from representing

competing companies.

Definitions

``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.

Protection Provided by Certificate

This Certificate will protect the Northeast Florida Export Trading

Company, Inc. and its directors, officers, and employees acting on its

behalf from private treble damage actions and government criminal and

civil suits under 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.

Dated: January 21, 1994.

Jude Kearney,

Deputy Assistant Secretary for Service Industries and Finance.

[FR Doc. 94-1773 Filed 1-27-94; 8:45 am]

BILLING CODE 3510-PR-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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