[Federal Register: November 15, 2000 (Volume 65, Number 221)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of application to amend an Export Trade Certificate of
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.
Export Trading Company Affairs, International Trade Administration,
(202) 482-5131 (this is not a toll-free number) or E-mail at
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,
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
(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.
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-29092 Filed 11-14-00; 8:45 am]
BILLING CODE 3510-DR-P