Export Trade Certificate of Review

DEPARTMENT OF COMMERCE

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review,

Application No. 94-00005.

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SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to William E. Elliott (d/b/a Export Exchange).

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 professional services

in the areas of government relations, foreign trade and business

protocol, marketing, marketing research, negotiations, joint ventures,

shipping, export management, advertising, documentation, insurance and

financing, trade show exhibitions, organizational development,

management strategies and transfer of technology.

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

1. To engage in Export Trade in the Export Markets as an Export

Intermediary, William E. Elliott (d/b/a Export Exchange) may:

a. Provide and/or arrange for the provision of Export Trade

Facilitation Services;

b. Engage in promotional and marketing activities as they relate to

exporting Products and/or Services to the Export Markets;

c. Enter into exclusive export sales agreements with Suppliers for

the export of Products and/or Services for sale in the Export Markets;

such agreement may prohibit Suppliers from exporting independently of

William E. Elliott (d/b/a Export Exchange);

d. Enter into exclusive and/or territorial agreements with

distributors in the Export Markets;

e. Establish the price of Products and/or Services for sale in the

Export Markets;

f. Allocate export orders among Suppliers; and

g. Exchange information on a one-on-one basis with individual

Suppliers regarding inventories and near-term production schedules in

order that William E. Elliott (d/b/a Export Exchange) can determine and

effectively coordinate the availability of supplies for export with

distributors.

Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of Operation,

William E. Elliott (d/b/a Export Exchange) 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. William E. Elliott (d/b/a Export Exchange) 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.

Protection Provided by the Certificate

This Certificate protects William E. Elliott (d/b/a Export

Exchange) and its employees acting on its 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 William E. Elliott (d/b/a

Export Exchange) 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 William E. Elliott

(d/b/a Export Exchange) 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 William E.

Elliott (d/b/a Export Exchange) or (b) the legality of such business

plans of William E. Elliott (d/b/a Export Exchange) 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, N.W., Washington, D.C. 20230.

Dated: November 14, 1994.

W. Dawn Busby,

Director, Office of Export Trading Company Affairs.

[FR Doc. 94-28502 Filed 11-17-94; 8:45 am]

BILLING CODE 3510-DR-P