[Federal Register: April 18, 2008 (Volume 73, Number 76)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08-00005]
Export Trade Certificate of Review
ACTION: Notice of Application for an Export Trade Certificate of Review
From Redberri Global Corporation.
SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade
Administration, Department of Commerce, has received an application for
an Export Trade Certificate of Review (``Certificate''). This notice
summarizes the conduct for which certification is sought and requests
comments relevant to whether the Certificate should be issued.
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number) or E-mail
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. An Export Trade Certificate
of Review protects the holder and the members identified in the
Certificate from state and federal government antitrust actions and
from private treble damage antitrust actions for the export conduct
specified in the Certificate and carried out in compliance with its
terms and conditions. Section 302(b)(1) of the Export Trading Company
Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a
notice in the Federal Register identifying the applicant and
summarizing its proposed export conduct.
Request for Public Comments
Interested parties may submit written comments relevant to the
determination whether a Certificate should be issued. If the comments
include any privileged or confidential business information, it must be
clearly marked and a nonconfidential version of the comments
(identified as such) should be included. Any comments not marked
privileged or confidential business information will be deemed to be
nonconfidential. An original and five (5) copies, plus two (2) copies
of the nonconfidential version, should be submitted no later than 20
days after the date of this notice to: Export Trading Company Affairs,
International Trade Administration, U.S. Department of Commerce, Room
7021X, Washington, DC 20230. Information submitted by any person is
exempt from disclosure under the Freedom of Information Act (5 U.S.C.
552). However, nonconfidential versions of the comments will be made
available to the applicant if necessary for determining whether or not
to issue the Certificate. Comments should refer to this application as
``Export Trade Certificate of Review, application number 08-00005.'' A
summary of the application follows.
Summary of the Application
Applicant: Redberri Global Corporation (``Redberri''), 3152
Cherokee Street, Saint Louis, Missouri 63118.
Contact: Dr. Deepak K. Vyas, Chief Executive Officer, Telephone:
Application No.: 08-00005.
Date Deemed Submitted: April 7, 2008.
Members (in addition to applicant): None.
Redberri seeks a Certificate to cover the following specific Export
Trade, Export Markets, and Export Trade Activities and Methods of
All Products, with emphasis on products that incorporate
such as bio-technology, software, nanotechnology, telemedicine, and
other related technologies.
C. Technology Rights
Technology rights, including, but not limited to, patents,
trademarks, copyrights, and trade secrets, that relate to product and
D. Export Trade Facilitation Services (as They Relate to the Export of
Products, Services, and Technology Rights)
Export Trade Facilitation Services include professional services in
the areas of government relations and assistance with state and federal
programs; foreign trade and business protocol; consulting; market
research and analysis; collection of information on trade
opportunities; export trade negotiations; joint ventures; logistical
support; export management; export licensing; advertising;
documentation and services related to compliance with customs
requirements; insurance and financing; trade show exhibitions;
organizational development; management and labor strategies; and
transfer of technology.
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
1. Redberri, on its own behalf or on behalf of any or all of its
a. Sales Prices: Establish sale prices, minimum sale prices, target
sale prices and/or minimum target sale prices, and other terms of sale,
in the Export Markets;
b. Marketing and Distribution: Conduct marketing and distribution
of Products in the Export Markets.
c. Promotion: Conduct promotion of Products, Services, and
Technology Rights in the Export Markets;
d. Quantities: Agree on quantities of Products to be sold, provided
that each client shall be required to dedicate only such quantity or
quantities as each such client shall independently determine.
e. Market and Customer Allocation: Allocate geographic areas or
countries in the Export Markets and/or customers in the Export Markets;
f. Refusals to Deal: Refuse to quote prices for Products and
Services or to market or sell Products and Services, to or for any
customers in the Export Markets, or any countries or geographical areas
in the Export Markets;
g. Exclusive and Nonexclusive Export Intermediaries: Enter into
exclusive and nonexclusive agreements appointing one or more Export
Intermediaries, including regional representatives in the Export
Markets, for the sale of Products and Services with price, quantity,
territorial and/or customer restrictions as provided above;
2. Redberri may exchange and discuss the following information with
Suppliers and Export Intermediaries on an individual, one-to-one basis:
a. Information about sale and marketing efforts for the Export
Markets, activities and opportunities for sales of Products in the
Export Markets, selling strategies for the Export Markets, sales for
the Export Markets, contract and spot pricing in the Export Markets,
projected demands in the Export Markets for Products, customary terms
of sale in the Export Markets, prices and availability of Products from
competitors for sale in the Export Markets, and specifications for
Products by customers in the Export Markets;
b. Information about the price, quality, quantity, source, and
delivery dates of Products available from Suppliers for export;
c. Information about terms and conditions of contracts for sale in
the Export Markets to be considered and/or bid on by Redberri;
d. Information about joint bidding or selling arrangements for the
Export Markets and allocations of sales resulting from such
arrangements among clients;
e. Information about expenses specific to exporting to and within
the Export Markets, including without limitation, transportation,
trans- or intermodal shipments, insurance, inland freight to port, port
storage, commissions, export sales, documentation, financing, customs,
duties, and taxes;
f. Information about U.S. and foreign legislation and regulations,
including federal marketing order programs, affecting sales for the
g. Information about Redberri's export operations, including
without limitation, sales and distribution networks established by
Redberri or its clients in the Export Markets (including export price
h. Information about export customer credit terms and credit
3. Redberri and its clients may meet to engage in the activities
described in paragraphs 1 and 2 above.
4. Redberri and its clients may jointly participate in
international trade shows and technology summits.
5. Redberri may market Products, Services, and Technology Rights
under Aquaglobex, Redberri, BIE, USTOOLCITI, Toolciti, Aquaglobal,
Medicalciti or U.S. Pneumatic and other brands to optimize its brand
6. Redberri Global Corporation intends to develop world class
infrastructure to develop international trade for U.S.-made products
and optimize global sales of American products through innovative
incubation, brand development, market management, and technology
7. Form and operate electronic portals to promote Products,
Services, and Technology Rights through a virtual marketplace for
buyers and sellers, and provide access to export trade opportunities,
including publicly available overseas government tenders and non-
governmental organization tenders.
8. With respect to the sale of Products and Services, licensing of
Technology Rights and provision of Export Trade Facilitation Services,
a. Provide and/or arrange for the provision of Export Trade
b. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Markets and distribute
such information to clients;
c. Enter into exclusive and/or nonexclusive licensing and/or sales
agreements with Suppliers for the export of Products, Services, and/or
Technology Rights to the Export Markets;
d. Allocate export sales or divide Export Markets among Suppliers
for the sale and/or licensing of Products, Services, and/or Technology
e. Allocate export orders among Suppliers;
f. Establish the price of Products, Services, and/or Technology
Rights for sales and/or licensing in the Export Markets; and
g. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights.
``Export Intermediary'' means a person who acts as a distributor,
sales representative, sales or marketing agent, import agent, broker,
or who performs similar functions including providing or
arranging for the provision of Export Trade Facilitation Services.
``Supplier'' means a person who produces, provides, or sells
Products, Services, and/or Technology Rights.
Dated: April 15, 2008.
Director, Export Trading Company Affairs.
[FR Doc. E8-8520 Filed 4-17-08; 8:45 am]
BILLING CODE 3510-DR-P