[Federal Register: July 14, 2000 (Volume 65, Number 136)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 00-00002]
Export Trade Certificate of Review
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Notice of Issuance of an Export Trade Certificate of Review.
SUMMARY: The Department of Commerce issued an Export Trade Certificate
of Review to Consol Energy, Inc. (``CEI'') on June 30, 2000. This
notice summarizes the conduct for which certification has been granted.
Export Trading Company Affairs, International Trade Administration,
202-482-5131. This is not a toll-free number.
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. The regulations implementing
Title III are found at 15 CFR Part 325 (l997). The Office of Export
Trading Company Affairs (``OETCA'') is issuing this notice pursuant to
15 CFR 325.6(b), which requires the Department of Commerce to publish a
summary of a Certificate in the Federal Register. Under Section 305 (a)
of the Act and 15 CFR 325.11(a), any person aggrieved by the
Secretary's determination may, within 30 days of the date of this
notice, bring an action in any appropriate district court of the United
States to set aside the determination on the ground that the
determination is erroneous.
Description of Certified Conduct
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).
Export Trade Activities and Methods of Operation
CEI and its Member may engage in the following activities with
respect to Export Markets:
1. Gather and share market intelligence about CEI's and Member's
mutual international competition and the purchasing decisions made by
foreign buyers in the Export Markets;
2. Allocate export market opportunities between CEI and Member. As
sales opportunities arise in foreign countries, CEI and Member may
jointly determine which one of them will bid for the business. CEI and
Member will not compete against each other with respect to export
market opportunities assigned to the other;
3. Jointly determine the price at which the Product will be sold
for each such foreign business opportunity;
4. Predetermine which of CEI's or Member's coal production sources
would be used for each foreign business opportunity;
5. Solicit non-Member Suppliers of bituminous coal as necessary to
meet the quantities and/or specifications required by a particular
foreign business opportunity;
6. Jointly develop logistical arrangements for the export of
bituminous coal to predetermined markets, including jointly arranging
shipping schedules and negotiating rates with
1. ``Member'' (within the meaning of Section 325.2(1) of the
Regulations) means AMCI Export Corporation.
2. ``Non-Member Supplier'' means a person, not a Member of the
Certificate, who produces, provides, or sells bituminous coal.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
neither CONSOL Energy Inc. nor its Member shall intentionally disclose,
directly or indirectly, to each other (including parent companies,
subsidiaries, or other entities related to CONSOL Energy Inc. or the
Member) or to any non-Member Suppliers any information regarding CONSOL
Energy Inc.'s or Member's costs, production, inventories, domestic
prices, domestic sales, capacity to produce Products for domestic sale,
domestic orders, terms of domestic marketing or sale, or U.S. business
plans, strategies, or methods, unless such information is already
generally available to the trade or public.
2. CONSOL Energy Inc. and its Member shall determine independently
the quantities of Product each will offer to export. Neither may
require the other to export any minimum quantity of Product.
3. Any agreements, discussions, or exchanges of information under
this Certificate relating to quantities of Products available for
Export Markets, product specifications or standards, export prices,
product quality or other terms and conditions of export sales (other
than export financing) shall be in connection only with actual or
potential bona fide export transactions or opportunities and shall
include only CONSOL Energy, Inc. and the Member.
4. Participation by CONSOL Energy, Inc. and the Member in any
Export Trade Activity or Method of Operation under this Certificate
shall be entirely voluntary, subject to the honoring of contractual
commitments for sales of Products in specific export transactions.
5. CONSOL Energy Inc. and the Member will comply with requests made
by the Secretary of Commerce on behalf of the Secretary of Commerce or
the Attorney General for information or documents relevant to conduct
under the Certificate. The Secretary of Commerce will request such
information or documents when either the Attorney General or the
Secretary of Commerce believes that the information or documents are
required to determine that the Export Trade, Export Trade Activities,
and Methods of Operation of a person protected by this Certificate of
Review continue to comply with the standards of section 303 (a) of the
A copy of this certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility
Room 4102, U.S. Department of Commerce, l4th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: July 6, 2000.
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-17910 Filed 7-13-00; 8:45 am]
BILLING CODE 3510-DR-P