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STC Membership Eligibility Requirements
Adopted by the STC Board on October 30 2017

To enable the STC to better serve its members and focus its limited resources and energies on developing and implementing programs that encourage market based competition to the benefit of its members and the consumers of synthetic turf systems and components, the Board of Directors of the STC (the “Board”) has adopted the following eligibility requirements (the “Requirements”):

Requirements

  1. The Applicant for full membership must be a Person that conducts business in the synthetic turf industry in one or more of the following Categories: Independent Professional and Consultant; Builder and Installer, including Sub-base Contractor; Material Manufacturer or Supplier; and Specialty Manufacturer or Service Company as defined in the STC Bylaws
  2. The Applicant for full membership and its Affiliates must be based, headquartered, and primarily located in a Market Economy Country; and
  3. The Application submitted for membership, including attachments and supplemental documentation or information, must in all respects provide truthful, accurate and correct facts and information.

Defined Terms

As used in this document, the following terms shall have the meanings set forth below, unless the context clearly indicates otherwise. Capitalized terms not specifically defined herein shall have the meanings specified in 19 U.S.C.A. § 1677, unless the context herein clearly indicates otherwise. In the event that a definition specified in 19 U.S.C.A. § 1677 conflicts with the clearly indicated intentions and purposes of the Requirements, the term shall have such meaning as will enable the STC to carry out such expressed purposes and intentions. All terms used in these Requirements shall have the common legal meaning of such word in the United States, unless such word is otherwise defined herein.

“Affiliate(s)” means any Person, now or in the future, (a) that has Control over Applicant or any of Applicant’s other Affiliates; (b) having managerial employees or board members sitting on the board of directors of Applicant; and (d) a Related Person.

“Applicant” means the Entity applying for membership in the STC.

“Application” means the form adopted by the Board for making application for membership and submitted by Applicant and includes any attachments there to and communications from Applicant in connection therewith.

“Control” a Person shall be considered to control another Person if the Person is legally or operationally in a position to directly or indirectly exercise restraint or direction over the other Person whether exercised or not.

“Effective Date” means the date on which the Requirements were adopted by the Board of Directors as stated above.

“Government Body” means (1) the government of any country or of any political subdivision of any country, (2) any instrumentality of any such government, (3) any other person or organization authorized by law to perform any executive, legislative, judicial, regulatory, administrative, military, or police functions of any such government, and (4) any intergovernmental organization.

“Market Economy Entity” means a Person not based, headquartered, or primarily located in a Nonmarket Economy Country.

“Member” a Person that has been approved for membership, continues to meet the Requirements and whose membership has not been terminated.

“Nonmarket Economy Country” means any foreign country that the Secretary of Commerce of the United States has determines does not operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise. For purposes of these Requirements, the term Nonmarket Country includes all countries (a) that have been determined to be a Nonmarket Economy Country prior to the Effective Date (to wit: China; Vietnam; Laos; Kazakhstan; Cuba; and Azerbaijan); and (b) all other countries determined to be a Nonmarket Economy Country on or after the Effective Date.

“Person” means an individual, a corporation, partnership, limited liability company, association, trust, unincorporated organization, or other firm, company, entity or legal organization, or a Government Body.

“Related Person” means any Person (a) having common ownership with Applicant; b) involved in the production and/or pricing decisions of Applicant, (d) who shares facilities or employees with Applicant and produces similar or identical Synthetic Turf and related products or components thereof to those produced by Applicant.

“Secretary of Commerce of the United States” as used herein said term shall also include any other officer of the United States to whom the responsibility for carrying out the duties of Title 19 U.S.C.A. Subtitle IV is transferred.

Applicability of Requirements

The Requirements shall apply to all Applications for membership pending on the Effective Date and all Applications in the future. The Requirements shall also apply to all existing Members. Notice of these Requirements shall be given to all existing Members by email or other electronic means within ten (10) days of the Effective Date. Any Member who does not meet these Requirements on the Effective Date shall have a reasonable period of time not to exceed ninety (90) days from the Effective Date, to take such action necessary for such Member to remain eligible for membership. The membership of any existing Member who has not meet the Requirements within said ninety (90) day period shall without further notice or action terminate.

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