[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Notices]
[Pages 61848-61849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29688]


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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 
(``Certificate''). This notice summarizes the proposed Certificate 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) (the ``Act'') authorizes the Secretary of 
Commerce to issue Export Trade Certificates of Review. A Certificate 
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 99-00007.''

Summary of the Application

    Applicant: John L. Koenig, P.O. Box 383, Midlothian, VA 23113.
    Contact: John L. Koenig.
    Telephone: (804) 320-1254.
    Application No.: 99-00007.
    Date Deemed Submitted: November 4, 1999.
    Members (in addition to applicant): None.
    John L. Koenig seeks a Certificate to cover the following specific 
Export Trade, Export Markets, and Export Trade Activities and Methods 
of Operation.

Export Trade

1. Products

    All goods and services.

2. Technology Rights

    All intellectual property rights associated with Products, 
including, but not limited to: patents, trademarks, service marks, 
copyrights, trade secrets and know-how.

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

    Export Trade Facilitation Services, including but not limited to: 
consulting; international market research; marketing and trade 
promotion; trade show participation; insurance; legal assistance; 
transportation, trade documentation and freight forwarding; 
communication and processing of export orders; warehousing; foreign 
exchange; financing; taking title to goods; professional services in 
areas of government relations and assistance with state and federal 
programs and foreign trade and business protocol.

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

    The proposed Export Trade Certificate of Review would extend 
antitrust protection to John L. Koenig to conduct the following export 
trade activities:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotion and marketing activities as they relate to 
exporting Products to the Export Markets;
    3. Enter into exclusive and non-exclusive export sales agreements 
with suppliers regarding sales of Products in the Export Markets; such 
agreements may prohibit suppliers from exporting independently of John 
L. Koenig;
    4. Enter into exclusive and non-exclusive sales and/or territorial 
agreements with distributors in the Export Markets;
    5. Establish the price of Products for sale in the Export Markets;
    6. Allocate export orders among suppliers;
    7. 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; and
    8. Enter into exclusive or non-exclusive licensing agreements for 
Technology Rights with suppliers, export intermediaries, or other 
persons in Export Markets.


[[Page 61849]]


    Dated: November 9, 1999.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 99-29688 Filed 11-12-99; 8:45 am]
BILLING CODE 3510-DR-P