Export Trade Certificate of Review

Federal RegisterApr 8, 1994

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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. 94-00001.

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SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to the Northeast Florida Export Trading Company,

Inc. (``NEFETC''). This notice summarizes the conduct for which

certification has been granted.

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. The regulations implementing

Title III are found at 15 CFR part 325 (1993).

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 and Services

All products and services.

2. 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, the

Trust Territory of the Pacific Islands) and the Republic of South

Africa.

Export Trade Activities and Methods of Operation

NEFETC may:

1. Require that exporters using its Export Trade Facilitation

Services sign exclusive dealing contracts allowing NEFETC 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 which require such other Export Intermediaries not to

handle competing Products and Services.

4. Sign exclusive arrangements with its clients that require NEFETC

not to represent 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.

Terms and Conditions of Certificate

(a) NEFETC will not intentionally disclose, directly or indirectly,

to any supplier of Products and Services any information about any

other supplier's costs, production, capacity, inventories, domestic

prices, domestic sales, terms of domestic marketing or sale, or U.S.

business plans, strategies, or methods, unless such information is

already generally available to the trade or public.

(b) NEFETC will comply with requests made by the Secretary of

Commerce on behalf of the Secretary or the Attorney General for

information or documents relevant to conduct under the Certificate of

Review. The Secretary of Commerce will request such information or

documents when either the Secretary or the Attorney General 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.

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: April 5, 1994.

Friedrich R. Crupe,

Acting Director, Office of Export Trading Company Affairs.

[FR Doc. 94-8493 Filed 4-7-94; 8:45 am]

BILLING CODE 3510-DR-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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