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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: August 4, 2008 (Volume 73, Number 150)][Notices]
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08-00005]
Export Trade Certificate of Review
ACTION: Notice of issuance of an Export Trade Certificate of Review to
Redberri Global Corporation (Application No. 08-00005).
SUMMARY: On July 21, 2008, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to Redberri Global Corporation
(``Redberri''). This notice summarizes the conduct for which
certification has been granted.
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 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 (2008).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR 325.6(b), which requires the Secretary 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, 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
Redberri is certified to engage in the Export Trade Activities and
Methods of Operation described below in the following Export Trade and
I. Export Trade
All Products, with emphasis on products that incorporate
technologies such as bio-technology, software, nanotechnology,
telemedicine, and other related technologies.
3. Technology Rights
Technology rights, including, but not limited to, patents,
trademarks, copyrights, and trade secrets that relate to Products and
4. 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.
II. 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).
III. 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. Sales Prices: Establish sale prices, minimum sale prices, target
sale prices or minimum target sale prices, and other terms of sale, in
the Export Markets;
b. Marketing and Distribution: Conduct marketing and distribution
in the Export Markets;
c. Promotion: Engage in promotional and marketing activities and
collect information on trade opportunities in the Export Markets and
distribute such information to Suppliers and Export Intermediaries;
d. Quantities: Agree on quantities to be sold in Export Markets,
provided that each Supplier and Export Intermediary shall be required
to dedicate only such quantity or quantities as each Supplier and
Export Intermediary shall independently determine;
e. Market and Customer Allocation: Allocate geographic areas or
countries, orders, or customers in the Export Markets;
f. Refusals to Deal: Refuse to quote prices or to market or sell to
or for any customers in the Export Markets, or any countries or
geographical areas in the Export Markets; and
g. Exclusive and Nonexclusive Export Intermediaries: Enter into
exclusive and nonexclusive agreements appointing one or more Export
Intermediaries, including regional representatives in Export Markets,
for the sale in Export Markets, with price, quantity, territorial or
customer restrictions as provided above.
2. Redberri may exchange and discuss the following information on a
one-to-one basis with its individual Suppliers and Export
a. Information about sales and marketing efforts for the Export
Markets, activities and opportunities for sales of Products, Services,
and Technology Rights 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, Services, and Technology Rights, customary terms of sale in
the Export Markets, prices and availability of Products, Services, and
Technology rights from competitors for sale in the Export Markets, and
specifications for Products, Services, and Technology Rights by
customers in the Export Markets;
b. Information about the price, quality, quantity, source, and
delivery dates of Products available from Suppliers and Export
Intermediaries for export;
c. Information about terms and conditions of contracts for sales in
the Export Markets to be considered or bid on by Redberri;
d. Information about bidding or selling arrangements for the Export
Markets and allocations among Suppliers and Export Intermediaries of
sales resulting from such arrangements;
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,
federal marketing order programs, affecting sales for the Export
g. Information about Redberri's export operations, including
without limitation, sales and distribution networks established by
Redberri or its Suppliers and Export Intermediaries in the Export
Markets (including export price information); and
h. Information about export customers' credit terms and credit
3. Redberri may meet with its Suppliers and Export Intermediaries
on a one-to-one basis to engage in the activities described in
paragraphs 1 and 2 above.
4. Redberri and its Suppliers and Export Intermediaries may jointly
participate in international trade shows and technology summits.
5. Redberri may market Products, Services, and Technology Rights
under brand names to the extent it has the right to use those names
under applicable law.
6. Redberri may form and operate electronic portals to promote
Products, Services, and Technology Rights through a virtual marketplace
for buyers and sellers in Export Markets, and thereby provide access to
export trade opportunities, including publicly available overseas
government tenders and non-governmental organization tenders.
7. Redberri may provide for or arrange for the provision of Export
Trade Facilitation Services.
8. Redberri may negotiate, enter into, and manage exclusive or non-
exclusive licensing agreements for the export of Technology Rights.
9. Redberri may enter into exclusive or nonexclusive agreements
with Suppliers for the export of Products or Services to the Export
IV. Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of
Operations, Redberri will not intentionally disclose, directly or
indirectly, to any Supplier or Export Intermediary any information
about any other Supplier's or Export Intermediary'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. Redberri will comply with requests made by the Secretary of
Commerce on behalf of the Secretary of Commerce 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.
1. ``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
2. ``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.
VI. Protection Provided by Certificate
The Certificate protects Redberri 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
VII. Effective Period of Certificate
The Certificate continues in effect until it is relinquished,
modified, or revoked as provided in the Act and the Regulations.
VIII. Other Conduct
Nothing in the Certificate prohibits Redberri from engaging in
conduct not specified in the Certificate, but such conduct is subject
to the normal application of the antitrust laws.
1. The issuance of the Certificate of Review to Redberri 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 Redberri or (b) the legality of such business
plans of Redberri under the laws of the United States (other than as
provided in the Act) or under the laws of any foreign country.
2. The application of the 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 29, 2008.
Director, Export Trading Company Affairs