[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Notices]
[Pages 43738-43739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17910]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 00-00002]


Export Trade Certificate of Review

AGENCY:  International Trade Administration, Department of Commerce.

ACTION: Notice of Issuance of an Export Trade Certificate of Review.

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SUMMARY: The Department of Commerce issued an Export Trade Certificate 
of Review to Consol Energy, Inc. (``CEI'') on June 30, 2000. 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 (l997). 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. Product
    Bituminous Coal.

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

    CEI and its Member may engage in the following activities with 
respect to Export Markets:
    1. Gather and share market intelligence about CEI's and Member's 
mutual international competition and the purchasing decisions made by 
foreign buyers in the Export Markets;
    2. Allocate export market opportunities between CEI and Member. As 
sales opportunities arise in foreign countries, CEI and Member may 
jointly determine which one of them will bid for the business. CEI and 
Member will not compete against each other with respect to export 
market opportunities assigned to the other;
    3. Jointly determine the price at which the Product will be sold 
for each such foreign business opportunity;
    4. Predetermine which of CEI's or Member's coal production sources 
would be used for each foreign business opportunity;
    5. Solicit non-Member Suppliers of bituminous coal as necessary to 
meet the quantities and/or specifications required by a particular 
foreign business opportunity;
    6. Jointly develop logistical arrangements for the export of 
bituminous coal to predetermined markets, including jointly arranging 
shipping schedules and negotiating rates with

Definitions

    1. ``Member'' (within the meaning of Section 325.2(1) of the 
Regulations) means AMCI Export Corporation.
    2. ``Non-Member Supplier'' means a person, not a Member of the 
Certificate, who produces, provides, or sells bituminous coal.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
neither CONSOL Energy Inc. nor its Member shall intentionally disclose, 
directly or indirectly, to each other (including parent companies, 
subsidiaries, or other entities related to CONSOL Energy Inc. or the 
Member) or to any non-Member Suppliers any information regarding CONSOL 
Energy Inc.'s or Member's costs, production, inventories, domestic 
prices, domestic sales, capacity to produce Products for domestic sale, 
domestic orders, terms of domestic marketing or sale, or U.S. business 
plans, strategies, or methods, unless such information is already

[[Page 43739]]

generally available to the trade or public.
    2. CONSOL Energy Inc. and its Member shall determine independently 
the quantities of Product each will offer to export. Neither may 
require the other to export any minimum quantity of Product.
    3. Any agreements, discussions, or exchanges of information under 
this Certificate relating to quantities of Products available for 
Export Markets, product specifications or standards, export prices, 
product quality or other terms and conditions of export sales (other 
than export financing) shall be in connection only with actual or 
potential bona fide export transactions or opportunities and shall 
include only CONSOL Energy, Inc. and the Member.
    4. Participation by CONSOL Energy, Inc. and the Member in any 
Export Trade Activity or Method of Operation under this Certificate 
shall be entirely voluntary, subject to the honoring of contractual 
commitments for sales of Products in specific export transactions.
    5. CONSOL Energy Inc. and the Member 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.
    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: July 6, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-17910 Filed 7-13-00; 8:45 am]
BILLING CODE 3510-DR-P