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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: January 18, 2000 (Volume 65, Number 11)]

[Notices]

[Page 2583-2584]

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

[DOCID:fr18ja00-34]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

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

Application No. 99-00006.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to T.P. International Expo Services Inc.

(``TPIES''). This notice summarizes the conduct for which certification

has been granted.

FOR FURTHER INFORMATION CONTACT: Morton Schnabel, Director, Office of

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 (1999).

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

Export Trade

1. Products; All products.

2. Services; All services.

3. Technology Rights. Technology rights 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

TPIES, Inc. may engage in the following activities with respect to

Export Markets:

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 Markets;

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 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,

TPIES, Inc. 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. TPIES, Inc. 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 a Service.

Protection Provided by the Certificate

This Certificate protects TPIES, Inc. and its directors, officers,

and employees acting on its behalf from private treble damage actions

and government criminal and civil suits

[[Page 2584]]

under U.S. federal and state antitrust laws for the export conduct

specified in the Certificate and carried out during its effective

period in compliance with its terms and conditions.

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: January 11, 2000.

Morton Schnabel,

Director, Office of Export Trading Company Affairs.

[FR Doc. 00-1017 Filed 1-14-00; 8:45 am]

BILLING CODE 3510-DR-P



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