[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Notices]
[Pages 43317-43318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21332]


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DEPARTMENT OF COMMERCE

International Trade Administration


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 whether a Certificate should be issued. If the comments 
include any privileged or confidential business information, it must be 
clearly marked and a nonconfidential version of the comments 
(identified as such) should be included. Any comments not marked 
privileged or confidential business information will be deemed to be 
nonconfidential. An original and five copies, plus two copies of the 
nonconfidential version, 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). However, nonconfidential versions of the comments will be 
made available to the applicant if necessary for determining whether or 
not to issue the certificate. Comments should refer to this application 
as ``Export Trade Certificate of Review, application number 97-00002.'' 
A summary of the application follows.

Summary of the Application

    Applicant: Goff-Chem, Inc., 100 Hano Street, Suite 19, Boston, 
Massachusetts 02134.
    Contact: Benjamin F. Goff, President.
    Telephone: (617) 254-7005.
    Application No.: 97-00002.
    Date Deemed Submitted: August 4, 1997.

[[Page 43318]]

    Members (in addition to applicant): None.
    Goff-Chem, Inc. 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, including, but not limited to: professional services in the 
areas of government relations and assistance with state and federal 
export programs; foreign trade and business protocol; consulting; 
market research and analysis; collection of information on trade 
opportunities; marketing; negotiations; joint ventures; shipping and 
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

    Goff-Chem, Inc. may:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotion and marketing activities and collect and 
distribute information on trade opportunities in the Export Market;
    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 other persons for 
the transfer of title to Products, Services, and/or Technology Rights 
in Export Markets;
    5. Enter into exclusive or non-exclusive pricing and/or consignment 
agreements for the sale and shipment of Products and Services to Export 
Markets;
    6. Allocate the sales, export orders and/or divide Export Markets, 
among Suppliers, Export Intermediaries, or other persons for the sale, 
licensing and/or transfer of title to Products, Services, and/or 
Technology Rights;
    7. Enter into exclusive or non-exclusive price and territorial 
agreements with U.S. suppliers;
    8. Represent U.S. suppliers at trade shows and solicit agents and 
distributors for their products in the territory;
    9. Enter into exclusive or non-exclusive agreements for the pooling 
of tangible property and other resources, the tying of Products and 
Services, the setting of prices, and/or the distribution, shipping or 
handling of Products or Services in the Export Markets; and
    10. Enter into agreements to invest in overseas warehouses for the 
purpose of storing exported Products until transferred to the foreign 
purchaser, or to invest in overseas facilities for the purpose of 
making minor product or packaging modifications necessary to insure 
compatibility of the Product with the requirements of the foreign 
market.

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 7, 1997.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 97-21332 Filed 8-12-97; 8:45 am]
BILLING CODE 3510-DR-F