[Federal Register Volume 66, Number 21 (Wednesday, January 31, 2001)]
[Notices]
[Pages 8386-8388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2674]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review; Notice of Application

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: Vanessa M. Bachman, Acting Director, 
Office of Export Trading Company Affairs, International Trade 
Administration, (202) 482-5131 (this is not a toll-free number) or by 
E-mail at [email protected].

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, DC 20230, or transmit by E-mail at 
[email protected]. Information submitted by any person is exempt from 
disclosure under the Freedom of Information Act (5 U.S.C. 552).

[[Page 8387]]

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 01-00001.'' A 
summary of the application follows.

Summary of the Application

    Applicant: Ginseng Board of Wisconsin, Inc.(``GBW''), 16H Menard 
Plaza, Wausau, Wisconsin 54401.
    Contact: Joan Eckes, Manager.
    Telephone: (715) 845-7300.
    Application No.: 01-00001.
    Date Deemed Submitted: January 16, 2001.
    GBW is a non-stock, non-profit corporation established to 
administer the Wisconsin Ginseng Marketing Order (Chapter Ag. 148, Wis. 
Adm. Code). Members (in addition to applicant): Ginseng Research 
Institute of America, Inc. (``GRIA''), Wausau, WI; Ginseng & Herb Co-op 
(``GHC''), Wausau, WI; and Ms. Mechthild Handke, Dusseldorf, Germany 
(representative for GBW and GHC).

Export Trade:

1. Products

    Ginseng and ginseng products; golden seal and golden seal products; 
echinacea and echinacea products.

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: 
foreign market development, consulting, international market research, 
all product research and design, development of trade strategy, legal 
assistance, marketing, promotion, sales, distribution, trade 
documentation, trade shows, freight forwarding, consolidation of export 
shipments, transportation, communication and processing of export 
orders; warehousing, foreign exchange, financing, taking title to 
goods, customs, duties, taxes, insurance, billing collection, 
inspection and quality control.

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).
    The proposed Export Trade Certificate of Review would extend 
antitrust protection to GBW and the Members cited above in connection 
with the following Export Trade related activities:
    1. Design and execute foreign marketing strategies for Export 
Markets;
    2. Establish base prices at which the Products will be sold for 
export, and set all or other terms of export sales;
    3. Agree on quantities of Product to be sold. GHC and GBW shall not 
require any Product supplier to export a minimum quantity. Grower names 
will be in a lottery draw and as names are drawn, this is the order in 
which growers will be contacted to see if they want to sell. If the 
grower decides not to sell, his name is put at the end. Growers also 
have an ``option out'' feature with the coop, should they decide to 
discontinue;
    4. GBW and/or Mechthild and GHC may refuse to quote prices for 
Products, or to market or sell Products to/or for any customers in the 
Export Markets, or any countries or geographical areas in the Export 
Markets;
    5. GBW and GHC may conduct promotional activities such as: design, 
develop and use promotional material using trademarked seal and/or 
other material. GBW, GHC may design, develop and market generic or 
other corporate labels for use in Export Markets. GBW and GHC may 
arrange trade shows, marketing trips, advertising services, conduct 
international market and Product research;
    6. GBW and GHC may conduct marketing and distribution of the 
Products;
    7. GBW and GHC may enter into exclusive agreements appointing one 
or more export trade intermediaries for the sale of products with 
price, quantity, territory, country and/or customer restrictions. 
(``Exclusive'' means that GBW and GHC may agree not to sell Products 
into designated Export Markets through any other foreign distributor 
and that the foreign distributor may agree to represent only GBW and 
GHC in the Export Markets and none of GBW and GHC competitors.);
    8. Conduct product and packaging research and development 
exclusively for export in order to meet foreign regulatory 
requirements, foreign buyer specifications, and foreign consumer 
preferences;
    9. Negotiate and enter into agreements with governments and other 
foreign persons regarding non-tariff barriers in Export Markets;
    10. Advise and cooperate with the United States Government in 
establishing procedures regulating the export of the Products;
    11. Participate in negotiations and enter into agreements with 
foreign buyers (including governments and private persons) regarding 
fumigating, packing and other quality control and/or phytosanitary 
procedures, and/or funding requirements to be followed in the export of 
the Products. Such procedures may include activities related to insect 
and disease detection, certification, inspection, storage and treatment 
protocols required to qualify Products for export and to meet the 
import requirements of the foreign government. GBW and/or its Members 
may establish and operate fumigation facilities for use in the export 
of the Products;
    12. Negotiate or enter into purchase agreements with buyers in 
Export Markets regarding terms and conditions of sales;
    13. Broker or take title to Products and research data intended for 
Export Markets;
    14. Jointly undertake the administrative tasks of processing export 
orders;
    15. Engage in joint promotional activities (such as advertising or 
trade shows) for developing existing or new markets;
    16. Procure, negotiate, contract, and administer transportation 
services for Products in the course of export, including overseas 
freight transportation, inland freight transportation from portal to 
embarkment, leasing of transportation equipment and facilities, 
storing/warehousing, stevedoring, wharfage, handling, insurance, 
freight forwarder services;
    17. Arrange for trade documentation, services, customs clearance, 
financial instruments, and foreign exchange;
    18. Compile and discuss information regarding expenses specific to 
exporting the Products to and within the Export Markets, including 
without limitation, all modes of transportation, port storage, export 
sales, commissions, documentation, duties and taxes;

[[Page 8388]]

    19. Operate and establish jointly owned subsidiaries or other joint 
venture entities, owned exclusively by GBW and/or its Members, to 
export Products to Export Markets; operate warranty, service, and 
training centers in Export Markets; and to provide Export Trade 
Facilitation Services to Members and nonmember suppliers of Products. 
Member and nonmember Wisconsin suppliers may ship Products through GHC;
    20. Require the licensing of and license any intellectual property 
resulting from the research conducted by the GRIA. The use of this 
research data in conjunction with the sale of Products shall be 
determined by negotiations between the export customer, GBW and GRIA;
    21. Arrange financing through private and public financial 
entities;
    22. Bill and collect monies from foreign buyers; perform or arrange 
for all legal and financial services in relation to Export Trade 
Activities and Methods of Operation;
    23. Require the use of the Wisconsin Ginseng Seal for Products sold 
in the Export Markets;
    24. Provide marketing and/or health benefit research data to 
customers, distributors and other export trade intermediaries in the 
Export Markets for use in promotion of Products, and enter into 
licensing arrangements of such data with export trade intermediaries 
and buyers in the Export Markets;
    25. Wisconsin Ginseng Seal: GBW and/or its Members can require that 
the seal emblem only be used to identify and signify that the product 
is grown in United States--Wisconsin and contains 100% pure Wisconsin 
Ginseng;
    26. Negotiate and enter into agreements with governments and 
foreign persons to develop counter-trade arrangements, provided that 
this Certificate does not protect any conduct related to the sale of 
goods in the U.S. that are imported as part of any counter trade 
transactions;
    27. Apply for and utilize applicable export assistance and 
incentive programs available within governmental sectors;
    28. Open, operate and staff overseas sales and distribution offices 
to facilitate the sales and distribution of Products to and within 
Export Markets; and
    29. Exchange information as necessary to carry out Export Trade 
Activities and Methods of Operation between GBW, GRIA, GHC and other 
entities. Bring together from time to time GBW, its Members, and export 
trade intermediaries in the Export Markets to discuss and plan how to 
fulfill the Product, Service, and/or Technology requirements of 
specific export customers or Export Markets.

    Dated: January 26, 2001.
Vanessa M. Bachman,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 01-2674 Filed 1-30-01; 8:45 am]
BILLING CODE 3510-DR-U