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[Federal Register: December 4, 2008 (Volume 73, Number 234)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08-00009]
Export Trade Certificate of Review
ACTION: Notice of application for an Export Trade Certificate of Review
from Golden Tree Trading Company (``GTTC'').
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
7021-X H, 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 08-00009.'' A
summary of the application follows.
Summary of the Application
Applicant: Golden Tree Trading Company (``GTTC''), 8040 N. Augusta
Street, Fresno, CA 93720.
Contact: Mr. Sypher Lee, Telephone: (626) 500-7942.
Application No.: 08-00009.
Date Deemed Submitted: November 20, 2008.
The applicant (GTTC) seeks a Certificate of Review to engage in the
Export Trade Activities and Methods of Operation described below in the
following Export Trade and Export Markets.
I. Export Trade
3. Technology Rights
Technology rights, 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; and facilitating the formation of
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 export of Products and Services, licensing
of Technology Rights and provision of Export Trade Facilitation
Services, GTTC, subject to the terms and conditions listed below, may:
a. Provide and/or arrange for the provision of Export Trade
Facilitation Services and engage in promotional and marketing
activities and collect information on trade opportunities in the Export
Markets and distribute such information to clients;
b. Enter into exclusive and/or non-exclusive licensing and/or sales
agreements with Suppliers for the export of Products, Services, and/or
Technology Rights to Export Markets;
c. Enter into exclusive and/or non-exclusive agreements with
distributors and/or sales representatives in 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 Export Markets;
g. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights;
h. Enter into contracts for shipping; and
i. Refuse to provide Export Trade Facilitation Services to
customers in any Export Market or Markets.
2. GTTC may exchange information with individual Suppliers on a
one-to-one basis regarding that Supplier's inventories and near-term
production schedules in order that the availability of Products for
export can be determined and effectively coordinated by GTTC with its
distributors in Export Markets.
IV. Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
GTTC 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. GTTC 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 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.
``Supplier'' means a person who produces, provides, or sells
Products, Services, and/or Technology Rights.
Dated: November 26, 2008.
Director, Export Trading Company Affairs.
[FR Doc. E8-28724 Filed 12-3-08; 8:45 am]
BILLING CODE 3510-DR-P