[Federal Register Volume 60, Number 193 (Thursday, October 5, 1995)]
[Notices]
[Pages 52162-52164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24737]



-----------------------------------------------------------------------


DEPARTMENT OF COMMERCE

Export Trade Certificate of Review

ACTION: Notice of Application.

-----------------------------------------------------------------------

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 conduct for which certification is sought 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 of whether a Secretary of Commerce should issue a 
Certificate to the applicant. An original and five (5) copies of such 
comments 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, 
D.C. 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 95-00006.''

Summary of the Application

    Applicant: Water and Wastewater Equipment, Manufacturers 
Association (WWEMA), 101 E. Holly Ave., Suite 14, Sterling, Virginia 
22170. Contact: Randolph J. Stayin. Telephone: (202) 289-1313.
    Application No.: 95-00006.
    Date Deemed Submitted: September 21, 1995.
    Members (in addition to applicant): See Attachment I.
    WWEMA seeks a Certificate to cover the following specific Export 
Trade, Export Markets, and Export Trade Activities and Methods of 
Operations.

Export Trade

Products

    Machinery, equipment, instrumentation, chemicals, supplies, 
systems, accessories, turnkey systems, and software development (as 
these items are used in the treatment of water and/or wastewater).

Services

    A. Identification, conceptual prefeasibility, and feasibility 
assessments of residential, commercial, industrial, and municipal 
Products and water and/or wastewater treatment facilities for 
homeowners, businesses, companies, utilities, or foreign government 
entities;
    B. Engineering and architectural services related to Products and/
or to turnkey contracts that substantially incorporate Products;
    C. Design and installation of water and/or wastewater treatment 
facilities and/or Products;
    D. Project and construction management of water and/or wastewater 
treatment facilities;
    E. Arranging or offering financing for investments in water and/or 
wastewater treatment facilities and/or Products, including lease, loan, 
shared savings arrangements, guaranteed lease or loans, and third party 
financing;
    F. Providing bonded performance guarantees that guarantee a certain 
level of water and/or wastewater treatment as a result of the 
installation of water and/or wastewater treatment Products;
    G. Servicing, training, and other services related to the sale, 
use, installations, maintenance monitoring, rehabilitation, or 
upgrading of Products or to projects that substantially incorporate 
Products;
    H. All other services related to water and/or wastewater treatment.

Export Trade Facilitation Services (as they relate to the Export of 
Products and Services)

    Consulting; international market research; insurance; legal 
assistance; accounting assistance; services related to compliance with 
foreign customs requirements; trade documentation and freight 
forwarding; communication and processing of export orders and sales 
leads; warehousing; foreign exchange; financing; liaison with U.S. and 
foreign government agencies, trade associations and banking 
institutions; taking title to goods; marketing and trade promotion; 
trade show participation; coordination and negotiation of the terms and 
conditions of participation in trade promotion activities such as trade 
shows, expositions, exhibitions, conferences or similar events; and 
negotiations with providers of transportation, insurance, exhibits and 
lodging in connection with such trade promotion opportunities.

Technology Rights

    Patents, trademarks, service marks, trade names, copyrights 
(including neighboring rights); trade secrets; know-how; technical 
expertise; utility models (including petty patents); computer modeling; 
semiconductor mask works; industrial designs; computer software 
protection associated with Products, Services, industrial designs, 
first die proofs, design of die block impressions, inserts, and Export 
Trade Facilitation Services.

Export Markets

    The Export Markets include all parts of the world except the United 
States (the 50 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

    A. To engage in Export Trade, in the Export Markets, WWEMA and/or 
one or more of its Members may:
    1. Engage in joint selling arrangements for the sale of Products 
and/or Services in the Export Markets, such as joint marketing, joint 
negotiation, joint offering, joint bidding, and joint financing; and 
allocate sales resulting from such arrangements.
    2. Establish export prices of Products and/or Services by the 
Members in Export Markets.
    3. Discuss and reach agreements relating to the interface 
specifications and engineering of Products and/or 

[[Page 52163]]
Services required by specific export customers, potential export 
customers, or Export Markets.
    4. Refuse to quote prices for, or to market or sell, Products and/
or Services in Export Markets;
    5. Solicit non-Member Suppliers to sell such non-Member Suppliers' 
Products and/or Services, or offer such non-Member Suppliers' Export 
Trade Facilitation Services through the certified activities of WWEMA 
and/or its Members.
    6. Coordinate with respect to:
    (a) The development of water and/or wastewater treatment projects 
in Export Markets, including project identification, scientific and 
technical assessment, transportation and/or delivery, engineering, 
design, maintenance, monitoring, construction and delivery, 
installation and construction, project ownership, project operation, 
and transfer of project ownership;
    (b) The installation and servicing of Products in Export Markets, 
including establishment of joint warranty, service, and training 
centers in such markets; and
    (c) The operation of and maintenance services for water and/or 
wastewater treatment facilities, parts warehousing, and support 
services related to the foregoing.
    7. License associated Technology Rights in conjunction with the 
sale of Products, but in all instances, the terms of such licenses 
shall be determined solely by negotiations between the licensor Member 
and the export customer without coordination with WWEMA or any other 
Member.
    8. Engage in joint promotional activities aimed at developing 
existing or new Export Markets. Such promotional activities may include 
advertising, demonstrating, field trips, trade missions, reverse trade 
missions, and conferences.
    9. Agree on the frequency, level of, duration, or other terms and 
conditions of participation in joint Export Trade Promotion activities 
conducted in Export Markets. Such activities may include trade shows 
for the purpose of promoting the industry's Products in Export Markets.
    10. Enter into agreements wherein WWEMA and/or one or more Members 
acts in certain Export Markets as the Members' exclusive or non-
exclusive Export Intermediary. The Export Intermediary shall be 
responsible for coordinating the level of participation and joint 
export trade promotion and facilitation activities by WWEMA and its 
Members, as well as for negotiating agreements with foreign government 
agencies, corporations, or trade associations concerning terms and 
conditions of participation, transportation, insurance, lodging, local 
transportation, and food services in connection with such joint 
promotional activities. When acting as an Export Intermediary, WWEMA 
shall make its services available to any Member on non-discriminatory 
terms.
    11. Agree to refuse to attend any specific trade show, exposition, 
exhibition, or conference conducted in the Export Markets.
    12. Establish and operate jointly owned subsidiaries or other joint 
venture entities owned exclusively by Members for the purposes of 
engaging in the Export Trade Activities and Methods of Operation 
herein, other than the licensing of associated Technology Rights 
pursuant to subparagraph (7) above. WWEMA and/or one or more of its 
Members may establish and operate joint ventures for operations in 
Export Markets with non-Members, including public-sector foreign 
corporations and other foreign government entities, and/or private 
sector foreign entities such as corporations. Non-Members engaging in 
such activities shall not receive protection under this Certificate of 
Review.
    13. Enter into exclusive arrangements with an Export Intermediary, 
which arrangement may provide that such Export Intermediary may not 
represent any non-Member Supplier of Products and/or Services in 
specified Export Markets.
    14. Agree not to export independently into specified Export 
Markets, either directly or through any other Export Intermediary or 
other party.
    15. Agree that any information obtained pursuant to this 
Certificate shall not be provided to any non-Member.
    16. For the transportation of Products, act as a shippers' 
association to negotiate favorable transportation rates and other terms 
for the transportation of Products with individual common carriers and 
individual shipping conferences.
    B. WWEMA and/or one or more of its Members may exchange and discuss 
the following types of information as they relate solely to Export 
Trade and Export Markets:
    1. Information (other than information about the cost, output, 
capacity, inventories, domestic prices, domestic sales, domestic 
orders, terms of domestic marketing or sale, or United States business 
plans, strategies or methods) that is already generally available to 
the trade or public.
    2. Information about sales and marketing efforts for Export 
Markets, activities and opportunities for sales of Products and 
Services in Export Markets, selling strategies for Export Markets, 
pricing in Export Markets, projected demands in Export Markets (quality 
and quantity), customary terms of sale in Export Markets, the types of 
Products available from competitors for sale in particular Export 
Markets and the prices for such Products, customer specifications for 
Products in Export Markets, and market strengths and economic and 
business conditions in Export Markets.
    3. Information about the export prices, quality, quantity, sources, 
available capacity, and delivery dates of Products available from 
Members for export, provided however that exchanges of information and 
discussions as to Product quantity, sources, available capacity to 
produce, and delivery dates must be on a transaction-by-transaction 
basis and involve only those Members who are participating or have 
genuine interest in participating in each such transaction.
    4. Information about terms and conditions of contracts for sales in 
Export Markets to be considered and/or bid on by WWEMA and/or its 
Members.
    5. Information about joint bidding, joint selling, or joint 
servicing arrangements for Export Markets and allocation of sales 
resulting from such arrangements among the Members.
    6. Information about expenses specific to exporting to, and within 
Export Markets, including without limitation, transportation, 
intermodal shipments, insurance, inland freight to port, port storage, 
commissions, export sales, documentation, financing, customs, duties, 
and taxes.
    7. Information about U.S. and foreign legislation, regulations and 
policies and executive actions affecting the sales of Products and/or 
Services in the Export Markets, such as U.S. Federal and State programs 
affecting the sales of Products and/or Services in the Export Markets 
or foreign policies that would affect the sale of Products and/or 
Services.
    8. Information about WWEMA's and/or its Members' export operations, 
including without limitation, sales and distribution networks 
established by WWEMA or its Members in Export Markets, and prior export 
sales by Members (including export price information).
    C. WWEMA and/or one or more of its Members may meet to engage in 
the activities described in paragraphs A through B above.
    D. WWEMA and/or one or more of its Members may refuse to provide 
Export 

[[Page 52164]]
Trade Facilitation Services to non-Members or refuse to participate in 
other activities described in paragraphs A through B above.
    E. WWEMA and/or one or more of its Members may forward to the 
appropriate individual Member requests for information received from a 
foreign government or its agent (including private pre-shipment 
inspection firms) concerning that Member's domestic or export 
activities (such as prices and/or costs). If such Member elects to 
respond with respect to domestic activities, it shall respond directly 
to the requesting foreign government or its 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 membership in WWEMA and who 
has been certified as a ``Member'' within the meaning of Section 
325.2(1) of the Regulations.
    3. ``Supplier'' means a person who produces, provides, or sells a 
Product, Service, and/or Export Trade Facilitation Service, whether a 
Member or non-Member.

    Dated: September 29, 1995.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.

Attachment I

WWEMA Member Companies

ABB Kent Meters, Inc., Ocala, Florida
A.O. Smith Harvestore Products, Inc., DeKalb, Illinois
Bailey-Fischer & Porter Company, Warminster, Pennsylvania
Capital Controls Co., Inc., Colmar, Pennsylvania
CBI Walker, Inc., Aurora, Illinois
Door-Oliver Incorporated, Milford, Connecticut
Enviroquip, Austin, Texas
G.A. Industries, Inc., Mars, Pennsylvania
Galaxy Environmental Corp., Warminster, Pennsylvania
General Signal Pump Group, North Aurora, Illinois
Gorman-Rupp Company (The), Mansfield, Ohio
Hycor Corporation, Lake Bluff, Illinois
I. Kruger, Inc., Cary, North Carolina
Infilco Degremont Inc., Richmond, Virginia
ITT Flygt Corporation, Trumbull, Connecticut
JCM Industries, Inc., Nash, Texas
Komline-Sanderson, Peapack, New Jersey
Parkson Corporation, Fort Lauderdale, Florida
Patterson Pump Co., Taccoa, GA
Smith & Loveless, Inc., Lenexa, Kansas
Temcor, Carson, California
Vulcan Industries Inc., Missouri Valley, Iowa
Wallace & Tiernan, Belleville, New Jersey
Water Pollution Control Corp., Brown Deer, Wisconsin
Zimpro Environmental, Inc., Rotschild, Wisconsin

[FR Doc. 95-24737 Filed 10-4-95; 8:45 am]
BILLING CODE 3510-DR-P