Export Trade Certificate of Review

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 application 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 94-00002.'' A summary of the application

follows.

Summary of the Application

Applicant: Frederick Pogorzelski doing business as Russian Business

Center, P.O. Box 90400, Honolulu, Hawaii 96835-0400. Contact: Frederick

Pogorzelski, Owner, Telephone: 808-941-4541.

Application No.: 94-00002.

Date Deemed Submitted: March 3, 1994.

Members (In Addition to Applicant): None.

Frederick Pogorzelski d/b/a Russian Business Center 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): 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, Frederick Pogorzelski d/b/a the Russian Business

Center (``RBC'') may:

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

Facilitation Services;

b. Engage in promotional and marketing activities;

c. Enter into exclusive export sales agreements with Suppliers for

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

such agreements may prohibit Suppliers from exporting independently of

RBC;

d. Enter into exclusive 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 its Suppliers; and

g. Enter into contracts for shipping.

2. RBC and individual Suppliers may regularly exchange information

on a one-on-one basis regarding inventories and near-term production

schedules in order that the availability of supplies for export can be

determined and effectively coordinated by RBC with its distributors in

the Export Markets.

3. RBC may require any Supplier wishing to terminate its export

sales agreement to give RBC six months written notice. RBC may require

a former Supplier not to sell through foreign distributors with whom

RBC deals for a period of two years following termination.

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.

Dated: March 7, 1994.

Friedrich R. Crupe,

Acting Director, Office of Export Trading Company Affairs.

[FR Doc. 94-5885 Filed 3-11-94; 8:45 am]

BILLING CODE 3510-DR-P