[Federal Register Volume 59, Number 139 (Thursday, July 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-17725]


[[Page Unknown]]

[Federal Register: July 21, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration

 

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 94-0004.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to Allegheny Highland Hardwoods, Inc. (``AHH'') 
on July 13, 1994. 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 (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.ll(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

    Forest products, including but not limited to, hardwood lumber (SIC 
2421); S4S dimension, solid squares, laminated squares, furniture 
blanks, flooring and dowels (SIC 2426); and molding and panels (SIC 
2431); but excluding paper, cardboard, containerboard and similar 
products.

2. Export Trade Facilitation Services (As They Relate to the Export of 
Products and Services)

    All export trade facilitation services including, but not limited 
to, 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 trade 
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 trade or 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, consultation with prospective 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. AHH's may discuss and agree with AHH's Members and/or Export 
Intermediaries with which AHH has entered into agreements pursuant to 
paragraph 3 above on export prices to be charged by AHH, AHH's Members, 
or such 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, AAH'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.

Terms and Conditions of Certificate

    1. Except as expressly authorized in paragraph 2(c) of the Export 
Trade Activities and Methods of Operation, in engaging in such Export 
Trade Activities and Methods of Operation neither AHH nor any Member 
shall intentionally disclose, directly or indirectly, to any other 
Member any information about its or any other Member's costs, 
production, capacity, inventories, domestic prices, domestic sales, or 
U.S. business plans, strategies, or methods unless (i) such information 
is already generally available to the trade or public; or (ii) the 
information disclosed is a necessary term or condition (e.g. price, 
time required to fill an order, etc.) of an actual or potential bona 
fide sale and the disclosure is limited to the prospective purchaser.
    2. AHH and its Members 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. 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.

Protection Provided by the Certificate

    This Certificate protects AHH, its Members, and directors, 
officers, and employees acting on behalf of AHH and its Members, 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 AHH and its Members 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 AHH 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 
AHH or its Members or (b) the legality of such business plans of AHH or 
its Members 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.

EFFECTIVE DATE: July 13, 1994.

    Dated: July 15, 1994.
W. Dawn Busby,
Director, Office of Trading Company Affairs.
[FR Doc. 94-17725 Filed 7-20-94; 8:45 am]
BILLING CODE 3510-DR-P