[Federal Register Volume 70, Number 57 (Friday, March 25, 2005)]
[Notices]
[Pages 15292-15293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5940]


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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 May 24, 2005.

ADDRESSES: Direct all written comments to Diana Hynek, Departmental 
Paperwork Clearance Officer, Department of Commerce, Room 6625, 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: Chris Rasmussen, Export Trading Company Affairs, 
Industry Analysis, Room 1104, 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 Department of Commerce to 
establish a program to evaluate applications for Export Trade 
Certificates of Review, 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, with Justice concurrence, 
issue regulations governing the evaluation and issuance of certificates 
before Commerce can accept applications for certification. The 
collection of information is necessary for the antitrust analysis which 
is a prerequisite to issuance of a certificate. Without the information 
there would be no basis upon which a certificate could be issued. In 
the Department of Commerce, this economic and legal analysis will be 
performed by the Office of Export Trading Company Affairs and the 
Office of the General Counsel. The Department of Justice analysis will 
be conducted by the Antitrust Division. The purpose of such analysis is 
to make a determination as to whether or not to approve an application 
and issue an Export Trade Certificate of Review. If this information is 
not collected, the antitrust analysis cannot be performed and without 
that analysis no certificate can be issued. A certificate provides its 
holder and 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 
to actual damages when the challenged activities are covered by an 
Export Certificate of Review. Title III was enacted to reduce 
uncertainty regarding application of U.S. antitrust laws to export 
activities--especially those involving actions by domestic competitors.

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: Revision-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.


[[Page 15293]]


    Dated: March 22, 2005.
Madeleine Clayton,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 05-5940 Filed 3-24-05; 8:45 am]
BILLING CODE 3510-DR-P