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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: July 25, 2008 (Volume 73, Number 144)][Notices]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
AGENCY: International Trade Administration.
ACTION: Notice of issuance of an Export Trade Certificate of Review,
Application No. 08-00007.
SUMMARY: On July 21, 2008, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to Global Trade International LLC
(``GTI''). This notice summarizes the conduct for which certification
has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number), or by e-
mail at firstname.lastname@example.org.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. Sections 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 (2007).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR section 325.6(b), which requires the U.S. Department
of Commerce to publish a summary of the certification in the Federal
Register. Under Section 305(a) of the Act and 15 CFR section 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
3. Technology Rights
Technology rights that relate to Products and Services, including,
but not limited to, patents, trademarks, copyrights, and trade secrets.
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 programs; foreign trade and business
protocol; consulting; market research and analysis; collection of
information on trade opportunities; marketing; negotiations; joint
ventures; shipping; 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; transfer
of technology; transportation services; and facilitating the formation
of shippers' associations.
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. With respect to the sale of Products and Services, licensing of
Technology Rights, and provision of Export Trade Facilitation Services,
a. Provide and 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 non-exclusive licensing and sales
agreements with Suppliers for the export of Products, Services, and
Technology Rights to Export Markets;
d. Enter into exclusive and non-exclusive arrangements with
distributors and sales representatives in Export Markets;
e. Allocate export sales or divide Export Markets among Suppliers
for the sale and licensing of Products, Services, and Technology
f. Allocate export orders among Suppliers;
g. Establish the price of Products, Services, and Technology Rights
for sales and licensing in Export Markets;
h. Negotiate, enter into, and manage licensing agreements for the
export of Technology Rights; and
i. Enter into contracts for shipping of Products to Export Markets.
2. GTI may exchange information on a one-to-one basis with
individual Suppliers regarding that Supplier's inventories and near-
term production schedules for the purpose of determining the
availability of Products for export and coordinating export with
Terms and Conditions
1. GTI, including its officers, employees, and agents, shall not
intentionally disclose, directly or indirectly, to any Supplier
(including parent companies, subsidiaries, or other entities related to
any Supplier) any information about any other Supplier's costs,
production, capacity, inventories, domestic prices, domestic sales,
terms of domestic marketing or sale, or U.S. business plans,
strategies, or methods unless such information is already generally
available to the trade or public.
2. GTI 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 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 standard of Section
303(a) of the Act.
``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
Protection Provided by Certificate
This Certificate protects GTI and its directors, officers, and
employees acting on its behalf, from private treble damage actions and
government criminal and civil suits 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
Effective Period of Certificate
This Certificate continues in effect from the date indicated below
until it is relinquished, modified, or revoked as provided in the Act
and the Regulations.
Nothing in this Certificate prohibits GTI from engaging in conduct
not specified in this Certificate, but such conduct is subject to the
normal application of the antitrust laws.
The issuance of this Certificate of Review to GTI by the Secretary
of Commerce with the concurrence of the Attorney General under the
provisions of the Act does not constitute, explicitly or implicitly, an
endorsement or opinion of the Secretary of Commerce or the Attorney
General concerning either (a) the viability or quality of the business
plans of GTI or (b) the legality of such business plans of GTI under
the laws of the United States (other than as provided in the Act) or
under the laws of any foreign country.
The application of this Certificate to conduct in Export Trade
where the U.S. Government is the buyer or where the U.S. Government
bears more than half the cost of the transaction is subject to the
limitations set forth in Section V.(D.) of the ``Guidelines for the
Issuance of Export Trade Certificates of Review (Second Edition),'' 50
FR 1786 (January 11, 1985).
A copy of the certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: July 21, 2008.
Director, Export Trading Company Affairs