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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: October 5, 2001 (Volume 66, Number 194)]

[Notices]

[Page 51020-51021]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05oc01-71]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of issuance of an Export Trade Certificate of Review,

Application No. 01-00004.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to International Trading Group, LLC (``ITG'').

This notice summarizes the conduct for which certification has been

granted.

FOR FURTHER INFORMATION CONTACT: Vanessa M. Bachman, Acting Director,

Office of 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. The regulations implementing

Title III are found at 15 CFR Part 325 (2000).

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 the Certification 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,

[[Page 51021]]

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

Export Trade

1. Products

All products.

2. Services

All services.

3. Technology Rights

All intellectual property rights associated with Products or

Services, including, but not limited to: Patents, trademarks,

copyrights, and trade secrets that relate to Products and Services.

4. Export Trade Facilitation Services (as they Relate to the Export

of Products, Services and Technology Rights)

Export Trade Facilitation Services, including, but not limited to:

professional services in the areas of government relations and

assistance with state and federal export programs; foreign trade and

business protocol; consulting; market research and analysis; collection

of information on trade opportunities; marketing; negotiations; joint

ventures; shipping and export management; export licensing;

advertising; documentation and services related to compliance with

customs requirements; insurance and financing; bonding; warehousing;

export trade promotion; trade show exhibitions; organizational

development; management and labor strategies; transfer of technology;

transportation; and facilitating the formation of shippers'

associations.

Export Markets

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

ITG may:

1. Provide and/or arrange for the provision of Export Trade

Facilitation Services;

2. Engage in promotion and marketing activities and collect and

distribute information on trade opportunities in the Export Market;

3. Enter into exclusive and/or non-exclusive agreements with

distributors, foreign buyers, and/or sales representatives in Export

Markets;

4. Enter into exclusive or non-exclusive sales agreements with

Suppliers, Export Intermediaries, or other persons for the sale of

Products and Services in Export Markets;

5. Enter into exclusive or non-exclusive agreements with Suppliers,

Export Intermediaries, or other persons for licensing Technology Rights

in Export Markets;

6. Allocate the sales, export orders and/or divide Export Markets

among Suppliers, Export Intermediaries, or other persons for the sale

of Products and Services;

7. Allocate the licensing of Technology Rights in Export Markets

among Suppliers, Export Intermediaries, or other persons;

8. Establish the price of Products and Services for sale in Export

Markets;

9. Establish the fee for licensing of Technology Rights in Export

Markets; and

10. Negotiate, enter into, and/or manage licensing agreements for

the export of Technology Rights.

Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of Operation,

ITG will not intentionally disclose, directly or indirectly, to any

Supplier any information about any other Supplier's costs, production,

capacity, inventories, domestic prices, domestic sales, or U.S.

business plans, strategies, or methods that is not already generally

available to the trade or public.

2. ITG will comply with requests made by the Secretary of Commerce

on behalf of the Secretary 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 Act.

Definitions

1. ``Export Intermediary'' means a person who acts as a

distributor, sales representative, sales or marketing agent, or broker,

or who performs similar functions, including providing or arranging for

the provision of Export Trade Facilitation Services.

2. ``Supplier'' means a person who produces, provides, or sells a

Product and/or Service.

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, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

Dated: October 1, 2001.

Vanessa M. Bachman,

Acting Director, Office of Export Trading, Company Affairs.

[FR Doc. 01-25033 Filed 10-4-01; 8:45 am]

BILLING CODE 3510-DR-P



Last Updated: 7/29/13 8:31 PM