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The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters

[Federal Register: April 21, 2000 (Volume 65, Number 78)]

[Notices]

[Page 21398]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21ap00-46]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: 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: Morton Schnabel, Director, Office of

Export Trading Company Affairs, International Trade Administration,

(202) 482-5131 (this is not a toll-free number) or E-mail at

oetca@ita.doc.gov.

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 transmitted by E-mail to

oetca@ita.doc.gov. Information submitted by any person is exempt from

disclosure under the Freedom of Information Act (5 U.S.C. 552).

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 00-00002.'' A

summary of the application follows.

Summary of the Application

Applicant: CONSOL Energy Inc. (``CEI''), 1800 Washington Road,

Pittsburgh, Pennsylvania 15241.

Contact: William G. Rieland, Vice President, Sales, Telephone:

(412) 831-4032.

Application No.: 00-00002.

Date Deemed Submitted: April 7, 2000.

Member (in addition to applicant): AMCI Export Corporation,

Latrobe, PA.

CEI seeks a Certificate to cover the following specific Export

Trade, Export Markets, and Export Trade Activities and Methods of

Operations.

Export Trade

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).

The proposed Export Trade Certificate of Review would extend

antitrust protection to CEI to conduct the following export trade

activities:

1. Gathering and sharing market intelligence about CEI's and

member's mutual international competition and the outcome of purchasing

decisions in foreign bituminous coal markets;

2. Allocating market opportunities between CEI and member. As sales

opportunities arise in foreign countries CEI and member would jointly

determine which company is best served to bid for the business. CEI and

member would not compete against each other as foreign opportunities

develop;

3. Jointly determining the appropriate price that the bidding

member would apply to each foreign business opportunity;

4. Predetermine which of CEI's or member's coal production sources

would be offered for sale on each foreign business opportunity;

5. Jointly developing logistical arrangements in order to move the

bituminous coal to predetermined markets. These activities would

include jointly arranging shipment schedules with railroads, barge

carriers, vessel loading terminals, unloading terminals and ocean

vessel owners; and

6. CEI and member would jointly negotiate vessel rates in order to

improve the transportation economics of export bituminous coal

shipments to their foreign customers.

Dated: April 14, 2000.

Morton Schnabel,

Director, Office of Export Trading Company Affairs.

[FR Doc. 00-9994 Filed 4-20-00; 8:45 am]

BILLING CODE 3510-DR-P

Last Updated: 8/25/15 5:46 PM