A bill to amend the Federal Trade Commission Act and the Export Trade Act as amended to deal with unfair competition in imports, to provide for clarification of law, for prior Federal Trade Commission clearance of export trade associations.

Summary

Title I: Amendment to the Federal TradeCommission Act - Authorizes the Federal Trade Commission to issue an order that commodities be excluded from entry whenever the Commission finds that unfair methods of competition or unfair acts are being employed in the importation of such commodities in the United States or in their sale by the owner, importer, consignee, or agent of either, where the effect or tendency of such conduct is to destroy or substantially injure an industry, efficiently and economically operated, in the United States, or is to restrain or monopolize trade and commerce in the United States, or is to substantially impair competition within the United States. Provides that before a Commission order that articles be excluded becomes final or is published, the Secretary of the Treasury may take into account whether the exclusion of the commodity in question would have or be likely to have a significant adverse effect upon the economic interest of the United States. States that if the Secretary so determines, he must so notify theCommission within thirty days of the transmittal of the order to Treasury. Title II: Amendments to the Export Trade Act - Includes architectural; engineering, training, financing, and project or general management services within the meaning of "export trade" to be conducted by or through a trade association and subject to immunity from the antitrust laws under the Export Trade Act. States that intangible trade in patents, licenses, trade secrets or knowhow are not covered, except such knowhow as is incidental to goods, wares, merchandise or services enumerated in the Act, as amended. Provides that foreign persons or firms may not be members of an association registered under this Act. Exempts from the antitrust laws, including state laws on antitrust and unfair methods of competition, the export trade conducted by or through an association and the organization of that association, if "substantially in conformance with an effective registration statement" filed with the Federal Trade Commission in accordance with this Act. Provides that detailed information must be supplied in the registration statement to be filed with the Commission, concerning the organization of the association, its location, offices and members; a description of the export trade conducted or proposed to be conducted; methods by which the export trade is to be conducted and any agreements with domestic or foreign entities concerning that trade; names of all countries where export trade is to be conducted; information concerning the impact of the association or trade within the United States or on exports by domestic non-members, and the like. Requires that after receipt of a registration application the Commission shall immediately deliver the application to the Attorney General. States that within 90 days after delivery, the Attorney General shall submit a report "on the effect which the export trade to be conducted by or through the association would likely have on competition in the United States, or upon exports by domestic non-members." Provides that the Commission may also request the views of other federal departments and agencies on any application. Grants the Federal Trade Commission exclusive authority to determine, on its own initiative or upon motion of the Attorney General or any interested person, whether any action by a registered group in connection with export trade is not in conformance with its registration statement. States that if such is the case, the Commission may: (1) require that the statement be amended; (2) require that the association modify its organization or practices; (3) revoke the registration in whole or in part; and/or (4) recommend prosecution under the antitrust laws to the Department of Justice. Authorizes the Commission to issue such rules and regulations as may be necessary to effectuate the Act. States that this Act shall terminate on December 31, 1978, unless extended prior thereto by act of Congress. Provides that its termination shall in no way diminish or affect antitrust immunity concerning the organization and operation of any registered association prior to termination.

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1 official file

• Introduced in Senate

  summary · EN · 9 May 1973

  Open at official source

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