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

[Federal Register: November 15, 2000 (Volume 65, Number 221)]

[Notices]

[Page 68981-68982]

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

[DOCID:fr15no00-53]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of application to amend an Export Trade Certificate of

Review.

SUMMARY: The Office of Export Trading Company Affairs (``OETCA''),

International Trade Administration, Department of Commerce, has

received an application to amend an Export Trade Certificate of Review

(``Certificate''). This notice summarizes the proposed amendment 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. An Export Trade 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 Export Trading Company

Act of 1982 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 an amended 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 (5) copies, plus two (2) 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. 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 95-3A006.''

The Water and Wastewater Equipment Manufacturers Association's

(``WWEMA'') original Certificate was issued on June 21, 1996 (61 FR

36708, July 12, 1996) and previously amended on May 20, 1997 (62 FR

29104, May 29, 1997) and February 23, 1998 (63 FR 10003, February 27,

1998). A summary of the application for an amendment follows.

Summary of the Application:

Applicant: The Water and Wastewater Equipment Manufacturers

Association, 101 E. Holly Avenue, Suite 3, Sterling, Virginia 20164.

Contact: Randolph J. Stayin, Counsel, Telephone: (202) 289-1313.

Application No.: 95-3A006.

Date Deemed Submitted: November 2, 2000.

Proposed Amendment: WWEMA seeks to amend its Certificate to:

1. Add each of the following companies as a new ``Member'' of the

Certificate within the meaning of section 325.2(1) of the Regulations

(15 CFR 325.2(1)): Aqua-Aerobic Systems, Inc., Rockford, Illinois;

Pentair Pump Group, Inc., North Aurora, Illinois; and Sanitaire

Corporation, Brown Deer, Wisconsin;

2. Delete the following companies as ``Members'' of the

Certificate: Aero-Mod, Incorporated, Manhattan, Kansas; Elsag Bailey

Process Automation N.V. for the activities of its unit Bailey-Fischer &

Porter Company, Warminster, Pennsylvania; CBI Walker, Inc., Aurora,

Illinois; Dorr-Oliver Incorporated, Milford, Connecticut; Enviroquip,

Inc., Austin, Texas; General Signal Corporation for the activities of

its unit General Signal Pump Group, North Aurora, Illinois; Great Lakes

Environmental, Inc., Addison, Illinois; Hycor Corporation, Lake Bluff,

Illinois; I. Kruger, Inc., Cary, North Carolina; Jeffrey Chain

Corporation, Morristown, Tennessee; Mass Transfer Systems, Inc., Fall

River, Massachusetts; Patterson Pump Co., Taccoa, Georgia; SanTech,

[[Page 68982]]

Inc. dba Sanborn Technologies, Medway, Massachusetts; Wallace &

Tiernan, Inc., Belleville, New Jersey; Water Equipment Technologies,

Inc., West Palm Beach, Florida; Water Pollution Control Corp, Brown

Deer, Wisconsin; Waterlink, Inc., Canton, Ohio; and Waterlink

Operational Services, Inc. dba Blue Water Services, Manhattan, Kansas;

3. Change the listing of the company name for the current Member

A.O. Smith Harvestore Products, Inc. to the new listing A.O. Smith

Engineered Storage Products Company; and

4. Remove from the current Certificate, the restriction found under

Export Trade Activities and Methods of Operation Paragraph F (1-3)

placed on Restricted Members Conservatek Industries, Inc. and Temcor

regarding the Restricted Product Aluminum Covers:

1. Participation in any price discussion is limited to instances in

which the prices are discussed and determined solely in the following

manner: a Neutral Third Party, as hereinafter defined, acting

independently, will obtain price information concerning each Restricted

Product for which the Restricted Members listed in conjunction

therewith intend to participate as part of a joint bid or other sales

arrangement, and will incorporate such price information into the bid

or other arrangement.

(i) For purposes of this paragraph, ``acting independently'' means

that the Neutral Third Party who obtains the price information from the

Restricted Members, and who negotiates offer prices on behalf of the

Restricted Members, will not disclose the price information of one

Restricted Member to another Restricted Member intending to participate

in a joint bid or other sales arrangement as a Supplier of the

Restricted Products.

(ii) For purposes of this paragraph, ``Neutral Third Party'' means

an individual, partnership, corporation (profit or non-profit), or any

representative thereof which is not engaged in the manufacture,

distribution, or sale of any Restricted Product. Any Member may be a

Neutral Third Party as long as it meets the requirements set out above.

2. The limitation set forth in paragraph F.1 above also shall apply

to instances where more than one Restricted Member intends to

participate in the joint bid or other sales arrangement but the

participation of one is solely as an Export Intermediary for the Export

Trade Activity or Method of Operation.

3. Neither WWEMA nor any Member participating in the Export Trade

Activity or Method of Operation shall disclose the price information of

one Restricted Member to another Restricted Member with respect to the

relevant Restricted Product.

Dated: November 8, 2000.

Morton Schnabel,

Director, Office of Export Trading Company Affairs.

[FR Doc. 00-29092 Filed 11-14-00; 8:45 am]

BILLING CODE 3510-DR-P

Last Updated: 8/25/15 4:51 PM