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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: February 25, 2003 (Volume 68, Number 37)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of Application.
SUMMARY: The Office of Export Trading Company Affairs (``OETCA''),
International Trade Administration, Department of Commerce, has
received an application for an Export Trade Certificate of Review. 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 C. Anspacher, Director, Office
of Export Trading Company Affairs, International Trade Administration,
by telephone at (202) 482-5131 (this is not a toll-free number) or E-
mail at firstname.lastname@example.org.
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: Office of Export Trading Company
Affairs, International Trade Administration, Department of Commerce,
Room 1104H, 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 03-00002.''
A summary of the application follows.
Summary of the Application
Applicant: EXIM Services of North America, Inc., 530 Bellwood Park
Road, Asbury, New Jersey 08802.
Contact: Robert J. Loftin, President.
Telephone: (908) 479-6670.
Application No.: 03-00002.
Date Deemed Submitted: February 7, 2003.
Members (in addition to applicant): None.
EXIM Services of North America, Inc. seeks a Certificate to cover
the following specific Export Trade, Export Markets, and Export Trade
Activities and Methods of Operations.
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, including, but not limited to,
professional services and assistance relating to: government relations;
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; trade
show exhibitions; organizational development; management and labor
strategies; transfer of technology; transportation services; and 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
With respect to the sale of Products and Services, licensing of
Technology Rights and provisions of Export Trade Facilitation Services,
EXIM Services of North America, Inc. may:
1. Provide and/or arrange for the provision of Export Trade
2. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Market and distribute
such information to clients;
3. Enter into exclusive and/or non-exclusive licensing and/or sales
agreements with Suppliers for the export of Products, Services, and/or
Technology Rights in Export Markets;
4. Enter into exclusive and/or non-exclusive agreements with
distributors and/or sales representatives in Export Markets;
5. Allocate export sales or divide Export Markets among Suppliers
for the sale and/or licensing of Products, Services, and/or Technology
6. Allocate export orders among Suppliers;
7. Establish the price of Products, Services, and/or Technology
Rights for sale and/or licensing in Export Markets;
8. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights;
9. Enter into contracts for shipping; and
10. Exchange information on a one-on-one basis with individual
Suppliers regarding inventories and near-term production schedules for
the purpose of determining the availability of products for export and
coordinating export with distributors.
1. ``Supplier'' means a person who produces, provides, or sells a
Product and/or Service.
Dated: February 19, 2003.
Jeffrey C. Anspacher,
Director, Office of Export Trading, Company Affairs.
[FR Doc. 03-4334 Filed 2-24-03; 8:45 am]
BILLING CODE 3510-DR-P