[Federal Register Volume 61, Number 122 (Monday, June 24, 1996)]
[Notices]
[Pages 32427-32428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15959]



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DEPARTMENT OF COMMERCE

Export Trade Certificate of Review

ACTION: Notice of application.

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SUMMARY: The Office of Export Trading Company Affairs (``OETCA''), 
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 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, 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 96-00004.'' A summary of the application 
follows.

Summary of the Application

    Applicant: The Foreign Market Search for U.S. Products and 
Services, Inc., doing business as FMS Exports-Imports, Inc., P.O. Box 
4063, South Bend, IN 46634.
    Contact: Mr. David Smith, Owner/Marketing Director.
    Telephone: (219) 234-6920.
    Application No.: 96-00004.
    Date Deemed Submitted: June 12, 1996.
    Members (in addition to applicant): None.
    FMS Exports-Imports, Inc. (``FMS'') seeks a Certificate to cover 
the following specific Export Trade, Export Markets, and Export Trade 
Activities and Methods of Operations.

Export Trade

1. Products
    All products.
2. Services
    All services.
3. Technology Rights

    Technology rights, including, but not limited to, patents, 
trademarks, copyrights and trade secrets that relate to Products and 
Services.

4. Export Trade Facilitation Services (as they relate to the Export of 
Products, Services and Technology Rights)

    Export Trade Facilitation Services include professional services in 
the areas of government relations and assistance with state and federal 
programs; foreign trade and business protocol; consulting; market 
research and analysis; collection of information on trade 
opportunities; marketing;

[[Page 32428]]

negotiations; joint ventures; shipping; export management; export 
licensing; advertising; documentation and services related to 
compliance with customs requirements; insurance and financing; trade 
show exhibitions; organizational development; management and labor 
strategies; transfer of technology; transportation; and facilitating 
the formation of shippers' associations.

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, FMS may:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotional and marketing activities and collect 
information on trade opportunities in the Export Markets and distribute 
such information to clients;
    3. Enter into exclusive and/or non-exclusive licensing and/or sale 
agreements with Suppliers for the export of Products, Services and/or 
Technology Rights in Export Markets;
    4. Enter into exclusive and/or non-exclusive agreements with 
distributors and/or sales representatives in Export Markets;
    5. Allocate export sales or divide Export Markets among Suppliers 
for the sale and/or licensing of Products, Services and/or Technology 
Rights;
    6. Allocate export orders among Suppliers;
    7. Establish the price of Products, Services and/or Technology 
Rights for sale and/or licensing in Export Markets;
    8. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights;
    9. Enter into contracts for shipping; and
    10. Exchange information on a one-on-one basis with individual 
Suppliers regarding inventories and near-term production schedules for 
the purpose of determining the availability of Products for export and 
coordinating exports with distributors.

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. ``Supplier'' means a person who produces, provides, or sells a 
Product and/or Service.
    3. ``Technology Rights'' means such things as, but not limited to, 
patents, trademarks, copyrights, and trade secrets that relate to 
Products and Services.
    Dated: June 18, 1996.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 96-15959 Filed 6-21-96; 8:45 am]
BILLING CODE 3510-D-R-F-P