[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Notices]
[Pages 44297-44298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21925]


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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

[[Page 44298]]

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, 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 96-00005.'' A summary of the application 
follows.

Summary of the Application

    Applicant: Spirit Index Ltd., 342 White Horse Pike, Clementon, New 
Jersey 08021-4345.
    Contact: Thomas P. Kaczur, Vice President.
    Telephone: (800) 581-1002.
    Application No.: 96-00005.
    Date Deemed Submitted: August 21, 1996.
    Members (in addition to applicant): None.
    Spirit Index Ltd. 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; 
negotiations; joint ventures; shipping, export management; export 
licensing; advertising; documentation and services related to 
compliance with customs requirements; insurance and financing; bonding; 
warehousing; export trade promotion; 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

    Spirit Index Ltd. may:

    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services through corporate planning activities, 
organizational structure, management and managerial structure, or 
labor utilization;
    2. Engage in promotion and marketing activities and collect 
information on trade opportunities in the Export Market and 
distribute such information;
    3. Enter into exclusive and/or non-exclusive agreements with 
distributors, foreign buyers, and/or sales representatives in Export 
Markets;
    4. Enter into exclusive or non-exclusive licensing, and/or sales 
agreements with Suppliers, Export Intermediaries, or persons for the 
transfer of title to property; Products, Services, know-how and/or 
Technology Rights;
    5. Enter into exclusive or non-exclusive pricing and/or 
consignment agreements for the sale and shipment of goods and 
services;
    6. Allocate the sales, export orders and/or divide Export 
Markets, among Suppliers, Export Intermediaries, or persons for the 
sale, licensing and/or transfer of title to property, Products, 
Services, know-how and/or Technology Rights;
    7. Enter into exclusive or non-exclusive agreements for the 
pooling of tangible property, resources, tying of goods and 
services, price setting, distributionship, transportation services, 
shipping, handling and/or services in the Export Markets;
    8. Enter into agreements to invest in overseas warehousing, 
production and/or manufacturing facilities for minor product or 
packaging modification activities; and
    9. Enter into agreements to consolidate purchasing, warehousing 
operations, production and/or manufacturing facilities.

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.

    Dated: August 23, 1996.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 96-21925 Filed 8-27-96; 8:45 am]
BILLING CODE 3510-DR-I