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

[Federal Register: March 23, 2000 (Volume 65, Number 57)]

[Notices]

[Page 15616-15617]

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

[DOCID:fr23mr00-34]

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: Morton Schnabel, Director, Office of

Export Trading Company Affairs, International Trade Administration,

(202) 482-5131 (this is not a toll-free number) or E-mail at

oetca@ita.doc.gov.

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act

[[Page 15617]]

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, D.C. 20230, or transmit by E-mail at

oetca@ita.doc.gov. 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 00-00001.'' A

summary of the application follows.

Summary of the Application

Applicant: North America Export Trading, LLC (``NAXT''), 28746

Calle Vista, Laguna Niguel, California 92677. Contact: Sharleen

Maldonado, President, Telephone: (562) 434-5408.

Application No.: 00-00001.

Date Deemed Submitted: March 13, 2000.

Members (in addition to applicant): None.

North America Export Trading, LLC 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;

market research and analysis; collection of information on trade

opportunities; marketing; negotiations; joint ventures; shipping and

export management; export licensing; advertising; grantsmanship;

documentation and services related to compliance with customs

requirements; insurance and financing; bonding; warehousing; export

trade promotion; trade show exhibitions and organization;

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 NAXT 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 Mexico, Latin America,

and all other Export Markets allowable;

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;

5. Enter into exclusive or non-exclusive licensing agreements with

Suppliers, Export Intermediaries, or other persons for licensing

Technology Rights in Export Markets;

6. Allocate export orders among Suppliers;

7. Allocate the sales, export order and/or divide Export Markets,

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

and maintenance of Products and Services;

8. Allocate the licensing of Technology Rights among Suppliers,

Export Intermediaries, or other persons;

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

Markets;

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

Markets, as well as maintenance and financing commitments;

11. Negotiate, enter into, and/or manage licensing agreements and

long-term purchase arrangements involving the export of Technology;

12. Provide extensive intergovernmental services to facilitate the

grants and funding involvement of public and nongovernmental funding

sources for private sector benefits in term of export activity for

goods and services.

Dated: March 20, 2000.

Morton Schnabel,

Director, Office of Export Trading Company Affairs.

[FR Doc. 00-7235 Filed 3-22-00; 8:45 am]

BILLING CODE 3510-DR-P

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