Proposed Collection; Comment Request

DEPARTMENT OF COMMERCE

International Trade Administration

Proposed Collection; Comment Request

TITLE: Application for an Export Trade Certificate of Review.

SUMMARY: The Department of Commerce, as part of its continuing effort

to reduce paperwork and respondent burden, invites the general public

and other Federal agencies to take this opportunity to comment on the

continuing information collections, as required by the Paperwork

Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506 (c) (2) (A)).

DATES: Written comments must be submitted on or before July 10, 1998.

ADDRESSES: Direct all written comments to Linda Engelmeier,

Departmental Forms Clearance Officer, Department of Commerce, Room

5327, 14th and Constitution Avenue, NW, Washington, DC 20230. Phone

number: (202) 482-3272.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or

copies of the information collection instrument and instructions should

be directed to: Mary Michael, Office of Export Trading Company Affairs,

Service Industries and Finance, Room 1800, 14th and Constitution Ave,

NW, Washington, DC 20230; phone: (202) 482-5131, and fax: (202) 482-

1790.

SUPPLEMENTARY INFORMATION:

I. Abstract

Title III of the Export Trading Company Act of 1982 (Pub. L. 97-

290, 96 Stat. 1233-1247), requires the Department of Commerce to

establish a program to evaluate applications for

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Export Trade Certificates of Review, and with the concurrence of the

Department of Justice, issue such certificates where the requirements

of the Act are satisfied. The Act requires that Commerce, with Justice

concurrence, issue regulations governing the evaluation and issuance of

certificates before Commerce can accept applications for certification.

The collection of information is necessary for the antitrust analysis

which is a prerequisite to issuance of a certificate. Without the

information there would be no basis upon which a certificate could be

issued.

In the Department of Commerce, this economic and legal analysis

will be performed by the Office of Export Trading Company Affairs and

the Office of the General Counsel. The Department of Justice analysis

will be conducted by the Antitrust Division. The purpose of such

analysis is to make a determination as to whether or not to approve an

application and issue an Export Trade Certificate of Review. If this

information is not collected, the antitrust analysis cannot be

performed and without that analysis no certificate can be issued. A

certificate provides its holder and members named in the certificate

(a) immunity from government actions under state and Federal antitrust

laws for the export conduct specified in the certificate; (b) some

protection from frivolous private suits by limiting their liability in

private actions to actual damages when the challenged activities are

covered by an Export Certificate of Review. Title III was enacted to

reduce uncertainty regarding application of U.S. antitrust laws to

export activities-- especially those involving actions by domestic

competitors.

II. Method of Collection

Form ITA-4093P is sent by request to U.S. firms.

III. Data

OMB Number: 0625-0125.

Form Number: ITA-4093P.

Type of Review: Revision-Regular Submission.

Affected Public: Business or other for-profit; not-for-profit

institutions and State, local or Tribal Government.

Estimated Number of Respondents: 30.

Estimated Time Per Response: 32 hours.

Estimated Total Annual Burden Hours: 960.

Estimated Total Annual Costs: The estimated annual cost for this

collection is $344,400 ($260,000 government and $134,400 respondents).

IV. Request for Comments

Comments are invited on: (a) Whether the proposed collection of

information is necessary for the proper performance of the functions of

the agency, including whether the information shall have practical

utility; (b) the accuracy of the agency's estimate of the burden

(including hours and costs) of the proposed collection of information;

(c) ways to enhance the quality, utility, and clarity of the

information to be collected; and (d) ways to minimize the burden of the

collection of information on respondents, including through the use of

automated collection techniques or forms of information technology.

Comments submitted in response to this notice will be summarized

and/or included in the request for OMB approval of this information

collection; they also will become a matter of public record.

Dated: May 5, 1998.

Linda Engelmeier,

Departmental Forms Clearance Officer, Office of Management and

Organization.

[FR Doc. 98-12419 Filed 5-8-98; 8:45 am]

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