[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Notices]
[Page 39990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13597]


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DEPARTMENT OF COMMERCE


Submission for OMB Review; Comment Request

    DOC has submitted to the Office of Management and Budget (OMB) for 
clearance the following proposal for collection of information under 
the provisions of the Paperwork Reduction Act of 1995, Pub. L. 104-13.
    Bureau: International Trade Administration.
    Title: Application for an Export Trade Certificate of Review.
    Agency Form Number: ITA-4093P.
    OMB Number: 0625-0125.
    Type of Request: Regular submission.
    Burden: 384 hours.
    Number of Respondents: 12.
    Avg. Hours Per Response: 32 hours.
    Needs and Uses: Title III of the Export Trading Company Act of 1982 
(Pub. L. 97-290, 96 Stat. 1233-1247), requires the Department of 
Commerce to establish a program to evaluate applications for an Export 
Trade Certificates 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 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.
    Affected Public: Businesses or other for-profit, not-for-profit 
institutions, state, local or tribal Government.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain a benefit, 
voluntary.
    OMB Desk Officer: David Rostker, (202) 395-7340.
    Copies of the above information collection proposal can be obtained 
by calling or writing Diana Hynek, Departmental Paperwork Clearance 
Officer, (202) 482-0266, Department of Commerce, Room 6612, 14th and 
Constitution, NW., Washington, DC 20230. E-mail: [email protected].
    Written comments and recommendations for the proposed information 
collection should be sent to David Rostker, OMB Desk Officer, [email protected] or fax (202) 395-7285 within 30 days of the 
publication of this notice.

    Dated: July 6, 2005.
Madeline Clayton,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 05-13597 Filed 7-11-05; 8:45 am]
BILLING CODE 3510-DR-P