[Federal Register Volume 66, Number 201 (Wednesday, October 17, 2001)]
[Notices]
[Pages 52742-52743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26112]


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DEPARTMENT OF COMMERCE

International Trade Administration


Application for an Export Trade Certificate of Review

ACTION: Proposed collection; comment request.

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SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on the 
continuing information collections, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before December 17, 
2001.

ADDRESSES: Direct all written comments to Madeleine Clayton, 
Departmental Paperwork Clearance Officer, (202) 482-3129, Department of 
Commerce, Room 6086, 14th & Constitution Avenue, NW., Washington, DC 
20230 (or via the Internet at [email protected].)

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instrument and instructions should 
be directed to: Mary Michael, Office of Export Trading Company Affairs, 
Service Industries and Finance, Room 1800,14th Constitution Ave, NW, 
Washington, DC 20230; phone: (202) 482-5131, and fax: (202) 482-1790.

SUPPLEMENTARY INFORMATION:

I. Abstract

    Title III of the Export Trading Company Act of 1982 (Pub. L. No. 
97-290, 96 Stat. 1233-1247), requires the

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Department of Commerce to establish a program to evaluate applications 
for an Export Trade Certificate of Review (antitrust preclearance for 
joint export related activities), and with the concurrence of the 
Department of Justice, issue such certificates where the requirements 
of the Act are satisfied. The Act requires that Commerce and Justice 
conduct economic and legal antitrust analyses prior to the issuance of 
a certificate. The collection of information is necessary to conduct 
the required economic and legal antitrust analyses. Without the 
information, there could be no basis upon which a certificate could be 
issued.
    In the Department of Commerce, the economic and legal analyses are 
performed by the Office of Export Trading Company Affairs and the 
Office of the General Counsel, respectively. The Department of Justice 
analyses will be conducted by its Antitrust Division. The purpose of 
such analyses is to make a determination as to whether or not to issue 
an Export Trade Certificate of Review.
    A certificate provides its holder and the members named in the 
certificate (a) immunity from government actions under state and 
Federal antitrust laws for the export conduct specified in the 
certificate; (b) some protection from frivolous private suits by 
limiting their liability in private actions from treble to actual 
damages when the challenged activities are covered by an Export 
Certificate of Review. Title III was enacted to reduce uncertainty 
regarding the application of U.S. antitrust laws to export activities--
especially those involving actions by domestic competitors. Application 
for an export trade certificate of review is voluntary.

II. Method of Collection

    Form ITA-4093P is sent by request to U.S. firms.

III. Data

    OMB Number: 0625-0125.
    Form Number: ITA-4093P.
    Type of Review: Regular Submission.
    Affected Public: Business or other for-profit; Not-for-profit 
institutions and State, local or Tribal Government.
    Estimated Number of Respondents: 30.
    Estimated Time Per Response: 32 hours.
    Estimated Total Annual Burden Hours: 960.
    Estimated Total Annual Costs: The estimated annual cost for this 
collection is $344,400 ($260,000 government and $134,400 respondents).

IV. Request for Comments

    Comments are invited (a) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and costs) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or forms of information technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: October 12, 2001.
Madeleine Clayton,
Departmental Paperwork Clearance Officer, Office of the Chief 
Information Officer.
[FR Doc. 01-26112 Filed 10-16-01; 8:45 am]
BILLING CODE 3510-DR-P