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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: June 14, 2000 (Volume 65, Number 115)]

[Notices]

[Page 37360-37361]

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

[DOCID:fr14jn00-43]

DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 00-00001]

Export Trade Certificate of Review; Notice of Issuance of an

Export Trade Certificate of Review

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to North America Export Trading, LLC (``NAXT'').

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; grantsmanship; documentation and services related to

compliance with customs requirements; insurance and financing; bonding;

warehousing; export trade promotion; trade show exhibitions and

organization; 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

NAXT 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 Mexico, Latin America,

and all other 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;

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

Export Intermediaries, or other persons for licensing Technology Rights

in Export Markets;

6. Assign sales to or among Suppliers, Export Intermediaries, or

other persons, provided that NAXT does not intentionally disclose to

any Supplier any information about other Suppliers' sales to NAXT for

export;

7. Assign the licensing of Technology Rights in Export Markets

among Suppliers, Export Intermediaries, or other persons, provided that

NAXT does not intentionally disclose to any Supplier any information

about other Suppliers' licenses;

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, as well as maintenance and financing commitments;

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

long-term purchase arrangements involving the export of Technology

Rights; and

11. Provide extensive intergovern- mental services to facilitate

the grants and funding involvement of public and nongovernmental

funding sources for private sector benefits in terms of export activity

for goods and services.

Terms and Conditions of Certificate

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

NAXT 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. NAXT 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.

[[Page 37361]]

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

Product and/or a 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, N.W., Washington, D.C. 20230.

Dated: June 8, 2000.

Morton Schnabel,

Director, Office of Export Trading Company Affairs.

[FR Doc. 00-14984 Filed 6-13-00; 8:45 am]

BILLING CODE 3510-DR-U



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