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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: January 18, 2002 (Volume 67, Number 13)]

[Notices]

[Page 2637-2638]

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

[DOCID:fr18ja02-40]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

AGENCY: International Trade Administration, Commerce.

ACTION: Notice of Issuance of an Export Trade Certificate of Review,

Application No. 01-00005.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to Vinex International, Inc. (``VINEX''). This

notice summarizes the conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Vanessa Bachman, Acting Director

Office of 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 oetca@ita.doc.gov.

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 (2000). 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 the 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 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.

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

VINEX may:

1. Provide and/or arrange for the provision of Export Trade

Facilitation Services;

2. Engage in promotional and marketing activities and collect

information on trade opportunities in the Export Markets 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

Rights;

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-to-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.

[[Page 2638]]

Terms and Conditions of Certificate

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

VINEX 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. VINEX 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.

Definitions

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

Products, Services and/or Technology Rights.

Protection Provided by the Certificate

This Certificate protects VINEX and its 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 and conditions.

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, NW, Washington, DC 20230.

Dated: January 14, 2002.

Vanessa M. Bachman,

Acting Director, Office of Export Trading Company Affairs.

[FR Doc. 02-1295 Filed 1-17-02; 8:45 am]

BILLING CODE 3510-DR-P



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