[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Notices]
[Pages 16929-16930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8589]


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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: Morton Schnabel, 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 1104H, 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 99-00002.'' 
A summary of the application follows.
    Summary of the Application:
    Applicant: DecoArt, Inc., Highway 150 and 27, Stanford, Kentucky 
40484.
    Contact: Martin R. Snyder, Attorney,
    Telephone: (502) 562-7505,
    Application No.: 99-00002,
    Date Deemed Submitted: March 29, 1999,
    Members (in addition to applicant): None.
    DecoArt, 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
    Artists acrylic paints and decorative finishes.
    2. Services
    All services related to the export of Products.
    3. Technology Rights
    All intellectual property rights associated with Products or 
Services,

[[Page 16930]]

including, but not limited to: patents, trademarks, service marks, 
trade names, copyrights, neighboring (related) rights, trade secrets, 
know-how, and sui generis forms of protection for databases and 
computer programs.
    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 area 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 
custom requirements; insurance and financing; bonding; warehousing; 
export trade promotion; legal assistance; 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
    DecoArt, 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 Markets;
    3. Enter into, terminate, amend or enforce exclusive and/or non-
exclusive agreements with distributors, foreign buyers, and/or sales 
representatives in Export Markets, and oblige such distributors, 
foreign buyers, and/or sales representatives not to deal in goods 
competing with those supplied by DecoArt, Inc.;
    4. Enter into, terminate, amend or enforce exclusive or non-
exclusive licensing agreements regarding Products, Services, or 
Technology Rights with Suppliers, Export Intermediaries, or other 
persons in Export Markets;
    5. Enter into, terminate, amend or enforce exclusive or non-
exclusive sales agreements with Suppliers, Export Intermediaries, or 
other persons for the transfer of title to Products, Services, and/or 
Technology Rights in Export Markets;
    6. Enter into, terminate, amend or enforce exclusive or non-
exclusive pricing and/or consignment agreements for the sale and 
shipment of Products and Services to Export Markets;
    7. Allocate export 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;
    8. Enter into, terminate, amend or enforce territorial and customer 
restraints on Suppliers, Export Intermediaries, or other persons 
regarding the sale, licensing and/or transfer of title to Products, 
Services, and/or Technology Rights;
    9. Enter into, terminate, amend or enforce exclusive or non-
exclusive price and/or territorial agreements with U.S. Suppliers;
    10. Enter into, terminate, amend or enforce exclusive or non-
exclusive agreements for 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;
    11. Terminate, amend or enforce contractual or other relationships 
with Suppliers, Export Intermediaries or other persons who refuse to 
agree or adhere to restraints on their activities related to export of 
Products;
    12. Enter into, terminate, amend or enforce 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;
    13. Represent U.S. Suppliers at trade shows and solicit agents and 
distributors for their Products in the Export Markets;
    14. Refuse to quote prices for, or to market or sell, Products or 
Services to an Export Market or Markets, or to distributors, buyers 
and/or sales representatives who directly or indirectly market or sell 
to an Export Market or Markets;
    15. Sell, or offer to sell Products at different prices for direct 
or indirect sale to an Export Market or Markets as compared to prices 
for direct or indirect sale to domestic markets; and
    16. Affix labels or other forms of identification to Products which 
identify the Products and indicate whether such Products are for direct 
or indirect sale only in an Export Market or Markets.
    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 any 
Product and/or a Service.

    Dated: April 2, 1999.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 99-8589 Filed 4-6-99; 8:45 am]
BILLING CODE 3510-DR-P