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The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters

[Federal Register: July 12, 2001 (Volume 66, Number 134)]

[Notices]

[Page 36560-36561]

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

[DOCID:fr12jy01-44]

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: Vanessa M. Bachman, Acting Director,

Office of Export Trading Company Affairs, International Trade

Administration, (202) 482-5131. This is not a toll-free number.

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. A 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 Act 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 copies, plus two 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 01-00004.''

A summary of the application follows.

Summary of the Application

Applicant: International Trading Group, LLC (``ITG''), 300 E.

Lombard Street, Baltimore, Maryland 21202.

Contact: Kathy L. Ducassou, President and Chief Operating Officer.

Telephone: (410) 466-8114.

Application No.: 01-00004.

Date Deemed Submitted: June 29, 2001.

Members (in addition to applicant): None.

ITG seeks a Certificate to cover the following specific Export

Trade, Export Markets, and Export Trade Activities and Methods of

Operations.

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 in the areas of government relations and

assistance with state and federal export programs; foreign trade and

business protocol; consulting; marketing research 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; bonding; warehousing;

export trade promotion; trade show exhibitions;

[[Page 36561]]

organizational development; management and labor strategies; transfer

of technology; transportation; and facilitating 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). The proposed Export Trade

Certificate of Review would extend antitrust protection to ITG to

conduct the following export trade activities:

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

Facilitation Services;

2. Engage in promotion and marketing activities and collect and

distribute information on trade opportunities in the Export Market;

3. Enter into exclusive and/or non-exclusive agreements with

distributors, foreign buyers, and/or sales representatives in Export

Markets;

4. Enter into exclusive or non-exclusive sales agreements with

Suppliers, Export Intermediaries, or other persons for the sale of

Products and Services in Export Markets;

5. Enter into exclusive or non-exclusive agreements with Suppliers,

Export Intermediaries, or other persons for licensing Technology Rights

in Export Markets;

6. Allocate sales, export orders and/or divide Export Markets among

Suppliers, Export Intermediaries, or other persons for the sale of

Products and Services;

7. Allocate the licensing of Technology Rights in Export Markets

among Suppliers, Export Intermediaries, or other persons;

8. Establish the price of Products and Services for sale in Export

Markets;

9. Establish the fee for licensing of Technology Rights in Export

Markets; and

10. Negotiate, enter into, and/or manage licensing agreements for

the export of Technology Rights.

Terms and Conditions of Certificate

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

ITG 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. ITG 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.

Definitions

1. ``Export Intermediary'' means a person who acts as a

distributor, sales representative, sales or marketing agent, or broker,

or who performs similar functions, including providing or arranging for

the provision of Export Trade Facilitation Services.

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

Product and/or Service.

Dated: July 9, 2001.

Vanessa M. Bachman,

Acting Director, Office of Export Trading Company Affairs.

[FR Doc. 01-17447 Filed 7-11-01; 8:45 am]

BILLING CODE 3510-DR-U

Last Updated: 8/25/15 5:46 PM