[Federal Register Volume 59, Number 87 (Friday, May 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10893]


[[Page Unknown]]

[Federal Register: May 6, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration, 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: 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. 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 94-00004.'' A summary of the application follows.

Summary of the Application

Applicant: Allegheny Highland Hardwoods, Inc., 6495 Webster Road, 
Portland, New York 14769, Contact: Jerry R. Miller, Telephone: 716-792-
9482.
Application No.: 94-00004.
Date Deemed Submitted: April 22, 1994.
Members (in addition to applicant): Pomeroy Lumber, Inc., Nineveh, NY; 
Wright's Hardwood Inc., Fredonia, NY; J.A. Yansick Lumber Co., Inc., 
Arcade, NY; C.A. Elliott Lumber Co., Inc., Roulette PA; Lewis and 
Hockenberry, Inc., Emporium, PA; Whitesville Wood Products Co., Inc., 
Whitesville, NY; Aurora Woodworks, Ltd., Buffalo, NY; and Peter DeVivi 
Productions, Inc., Waterloo, NY.

    Allegheny Highland Hardwoods, Inc. (``AHH'') seeks a Certificate to 
cover the following specific Export Trade, Export Markets, and Export 
Trade Activities and Methods of Operations.

Export Trade

1. Products

    Forest products, including but not limited to, hardwood lumber, S4S 
Dimension, solid squares, laminated squares, furniture blanks, 
moulding, flooring, dowels, and panels, but excluding paper, cardboard, 
containerboard, and similar products.

2. 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, shipping, export 
management, documentation, insurance 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).

Export Trade Activities and Methods of Operation

    To engage in Export Trade in the Export Markets, as an Export 
Intermediary, AHH, Inc. and/or its Members may:
    1. Enter into exclusive or non-exclusive agreements wherein AHH 
agrees to act as the Members' Export Intermediary. Exclusive agreements 
are those wherein AHH agrees not to represent entities other than the 
Members in the sale of Products and provision of Export Trade 
Facilitation Services in any Export Market.
    2. Meet to negotiate and agree on the terms of participation in 
each bid, invitation, or request to bid, or other sales opportunity in 
any Export Market, including, but not limited to, the price at which a 
Member will sell its Products for export, and the quantity of Products 
each Member will commit to the foreign sale or bid opportunity.
    During the course of such meetings, the following information may 
be exchanged:
    a. Information that is generally available to the public.
    b. Information that is specific to a particular Export Market, 
including but not limited to, reports and forecasts of sales, prices, 
terms, customer needs, selling strategies, and product specifications.
    c. Information on expenses specific to exporting to a particular 
Export Market, including, but not limited to, ocean freight to the 
terminal or port, terminal or port storage, wharfage and handling 
charges, insurance, agents' commissions, export sales documentation and 
service, and export sales financing.
    d. Information on U.S. and foreign legislation and regulations 
affecting sales to a particular Export Market.
    e. Information on AHH's activities in the Export Markets, 
including, but not limited to, customer complaints and quality 
problems, visits by foreign customers, and reports by foreign sales 
representatives.
    f. Information on each Member's ability to supply Products in a 
timely fashion pursuant to a specific export order.
    3. AHH may enter into exclusive or non-exclusive agreements with 
other Export Intermediaries for the sale of Products in the Export 
Markets. Exclusive agreements are those wherein the Export Intermediary 
agrees to represent only AHH and/or its Members in the sale of Products 
and to provide Export Trade Facilitation Services only to AHH and/or 
its Members.
    4. AHH may enter into exclusive agreements with foreign customers 
of Products offered by AHH whereby the customer agrees not to purchase 
Products from entities other than AHH.
    5. Either with AHH's Members and/or Export Intermediaries with 
which AHH has entered into agreements pursuant to paragraph 3 above, 
AHH may discuss and agree on export prices to be charged by AHH, AHH's 
Members, or Export Intermediaries.
    6. AHH may limit its membership.
    7. AHH may publish and distribute a list of export prices for 
Products to be charged by AHH, AHH's Members, and Export Intermediaries 
with which AHH has entered into agreements pursuant to paragraph 3 
above.
    8. AHH may allocate orders for export sales, and divide profits 
from such sales among AHH's Members as provided in the membership 
agreement between AHH and AHH's Members.
    9. AHH and/or AHH's Members may forward to the appropriate 
individual Member requests for information received from a foreign 
government or the foreign government's agent (including private pre-
shipment inspection firms) concerning that Member's domestic or export 
activities (including prices and/or costs); and if such individual 
Member elects to respond, the Member shall respond directly to the 
requesting foreign government or the foreign government's agent with 
respect to such information.

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. Member means a person who has a membership in Allegheny Highland 
Hardwoods, Inc. and who has been certified as a ``Member'' within the 
meaning of Sec. 325.2(1) of the Regulations.

    Dated: May 2, 1994.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 94-10893 Filed 5-5-94; 8:45 am]
BILLING CODE 3510-DR-P