[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Notices]
[Pages 36671-36672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17103]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 99-00002.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to DecoArt, Inc. This notice summarizes the 
conduct for which certification has been granted.

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. The regulations implementing 
Title III are found at 15 CFR part 325 (1999).
    The Office of Export Trading Company Affairs (``OETCA'') is issuing 
this notice pursuant to 15 CFR 325.6(b), which requires the Department 
of Commerce to publish a summary of a Certificate in the Federal 
Register. Under Section 305 (a) of the Act and 15 CFR 325.11(a), any 
person aggrieved by the Secretary's determination may, within 30 days 
of the date of this notice, bring an action in any appropriate district 
court of the United States to set aside the determination on the ground 
that the determination is erroneous.

Description of Certified Conduct

Export Trade

1. Products
    Artists acrylic paints and decorative finishes manufactured or 
distributed by DecoArt, Inc.
2. Services
    All services related to the export of Products.
3. Technology Rights
    All intellectual property rights associated with Products or 
Services, 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 engage in the following activities with respect 
to Export Markets:
    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, provided that DecoArt, Inc. does not 
enter into more than one agreement, for its entire product line or any 
portion thereof, in any given territory in the Export Markets pursuant 
to which its distributors, foreign buyers, and/or sales representatives 
are prohibited from carrying the products of DecoArt, Inc.'s 
competitors, and such prohibition only applies to: (1) Those products 
of DecoArt, Inc.'s competitors that directly compete with the product 
line or portion thereof to be sold under the agreement; and (2) the 
territory covered by the agreement;
    4. Enter into, terminate, amend or enforce exclusive or non-
exclusive licensing agreements regarding its Products, Services, or 
Technology Rights with Export Intermediaries or other persons selling 
its Products in Export Markets;
    5. Enter into, terminate, amend or enforce exclusive or non-
exclusive sales agreements with Export Intermediaries, or other persons 
selling its Products 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 its Products and Services to Export Markets;
    7. Allocate export sales, export orders and/or divide Export 
Markets, among Export Intermediaries, or other persons for the sale, 
licensing and/or transfer of title to its Products, Services, and/or 
Technology Rights;
    8. Enter into, terminate, amend or enforce territorial and customer 
restraints on Export Intermediaries, or other persons regarding the 
sale, licensing and/or transfer of title to its Products, Services, 
and/or Technology Rights for sale in Export Markets;
    9. Enter into, terminate, amend or enforce exclusive or non-
exclusive agreements for the tying of its Products and Services, the 
setting of prices, and/or the distribution, shipping or handling of its 
Products or Services in the Export Markets;
    10. Terminate, amend or enforce contractual or other relationships 
with Export Intermediaries or other persons who refuse to agree or 
adhere to restraints on their activities related to the export of its 
Products;
    11. 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;
    12. 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 of its Products at trade shows and 
solicit agents and distributors for its Products in the Export Markets;
    14. Refuse to quote prices for, or to market or sell, Products or 
Services to

[[Page 36672]]

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.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
DecoArt, Inc. will not intentionally disclose, directly or indirectly, 
to any Supplier any information about any other Supplier's costs, 
production, capacity, inventories, domestic prices, domestic sales, or 
U.S. business plans, strategies, or methods that is not already 
generally available to the trade or public.
    2. DecoArt, Inc. will comply with requests made by the Secretary of 
Commerce on behalf of the Secretary of Commerce or the Attorney General 
for information or documents relevant to conduct under the Certificate. 
The Secretary of Commerce will request such information or documents 
when either the Attorney General or the Secretary of Commerce believes 
that the information or documents are required to determine that the 
Export Trade, Export Trade Activities, and Methods of Operation of a 
person protected by this Certificate of Review continue to comply with 
the standards of section 303 (a) of the Act.

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.
    A copy of this Certificate will be kept in the International Trade 
Administration's Freedom of Information Records Inspection Facility 
Room 4102, U.S. Department of Commerce, l4th Street and Constitution 
Avenue, NW, Washington, DC 20230.

    Dated: June 30, 1999.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 99-17103 Filed 7-6-99; 8:45 am]
BILLING CODE 3510-DR-P