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Export Trading Company Affairs (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: April 21, 2000 (Volume 65, Number 78)]
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.
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
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
email@example.com. 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:
Application No.: 00-00002.
Date Deemed Submitted: April 7, 2000.
Member (in addition to applicant): AMCI Export Corporation,
CEI seeks a Certificate to cover the following specific Export
Trade, Export Markets, and Export Trade Activities and Methods of
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
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
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.
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-9994 Filed 4-20-00; 8:45 am]
BILLING CODE 3510-DR-P