Export Trade Certificate of Review

ACTION:

Notice of application to amend an Export Trade Certificate of Review.

SUMMARY:

Export Trading Company Affairs (“ETCA”), 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:

Jeffrey Anspacher, Director, 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: Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021-B H, 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 85-12A18.”

A summary of the application for an amendment follows.

Summary of the Application

Applicant: U.S. Shippers Association (“USSA”), 3715 East Valley Drive, Missouri City, Texas 77459, Contact: John S. Chinn, Project Director, Telephone: (734) 927-4328.

Application No.: 85-12A18.

Date Deemed Submitted: January 9, 2006.

The original USSA Certificate was issued on June 3, 1986 (51 FR 20873, June 9, 1986), and last amended on November 5, 2004 (69 FR 67703, November 19, 2004).

Proposed Amendment: USSA 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)):

(a) Atotech USA, Inc., Rockhill, South Carolina; Bostik, Inc., Wauwatosa, Wisconsin; Hutchinson FTS, Inc., Troy, Michigan; Paulstra CRC Corporation, Grand Rapids, Michigan; Sartomer Company, Inc., Exton, Pennsylvania; Total Lubricants USA, Inc., Linden, New Jersey; and Total Petrochemicals USA, Inc., Houston, Texas. The controlling entity for these seven proposed new members is Total Holdings USA, Inc., Houston, Texas;

(b) Shell Chemical LP, Houston, Texas; Shell Chemicals Americas, Inc., Calgary, Ontario, Canada; and Shell Oil Products Company LLC, Houston, Texas. The controlling entity for these three proposed new members is Royal Dutch Shell plc, The Hague, The Netherlands; and

(c) DeSantis & Associates, Inc., Missouri City, Texas;

2. Delete the following companies as “Members” of the Certificate: ConocoPhillips, Borger, Texas; Lyondell Chemicals Worldwide, Inc., Houston, Texas; and Pecten Chemicals, Inc., Houston, Texas; and

3. Change the name of the following Member: “Resolution Performance Products, LLC, Houston, Texas” to “Hexion Specialty Chemicals, Houston, Texas” (controlling entity: Apollo Management LP, New York, New York).