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

[Federal Register: February 27, 2009 (Volume 74, Number 38)]

[Notices]

[Page 8905-8906]

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

[DOCID:fr27fe09-32]

DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00009]

Export Trade Certificate of Review

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

Golden Tree Trading Company Application (Application No. 08-00009).

SUMMARY: On February 18, 2009, the U.S. Department of Commerce issued

an Export Trade Certificate of Review to Golden Tree Trading Company

(``GTTC''). This notice summarizes the conduct for which certification

has been granted.

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

at oetca@ita.doc.gov.

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. The regulations implementing

Title III are found at 15 CFR part 325 (2006).

Export Trading Company Affairs (``ETCA'') is issuing this notice

pursuant to 15 CFR section 325.6(b), which requires the Secretary of

Commerce to publish a summary of the certification in the Federal

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

GTTC is certified to engage in the Export Trade Activities and

Methods of Operation described below in the following Export Trade and

Export Markets.

I. Export Trade

1. Products

All Products.

2. Services

All Services.

3. Technology Rights

Technology rights that relate to Products and Services, 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 services; and facilitating the formation

of shippers' associations.

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 provisions of Export Trade

Facilitation Services and engage in promotional and marketing

activities;

b. Collect information on trade opportunities in the Export Markets

and distribute such information to clients;

c. 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;

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

distributors and/or sales representatives in Export Markets;

e. Allocate export sales or divide Export Markets among Suppliers

for the

[[Page 8906]]

sale and/or licensing of Products, Services, and/or Technology Rights;

f. Allocate export orders among Suppliers;

g. Establish the price of Products, Services, and/or Technology

Rights for sales and/or licensing in Export Markets;

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

the export of Technology Rights;

i. Enter into contracts for shipping to Export Markets; and

j. 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

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.

V. Definitions

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

Products, Services and/or Technology Rights.

VI. Protection Provided by Certificate

This Certificate protects GTTC and its directors, officers, and

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.

VII. Effective Period of Certificate

This Certificate continues in effect from the date indicated below

until it is relinquished, modified, or revoked as provided in the Act

and the Regulations.

VIII. Other Conduct

Nothing in this Certificate prohibits GTTC from engaging in conduct

not specified in this Certificate, but such conduct is subject to the

normal application of the antitrust laws.

IX. Disclaimers

1. The issuance of this Certificate of Review to GTTC by the

Secretary of Commerce with the concurrence of the Attorney General

under the provisions of the Act does not constitute, explicitly or

implicitly, an endorsement or opinion of the Secretary of Commerce or

the Attorney General concerning either (a) the viability or quality of

the business plans of GTTC or (b) the legality of such business plans

of GTTC under the laws of the United States (other than as provided in

the Act) or under the laws of any foreign country.

2. The application of this Certificate to conduct in Export Trade

where the U.S. Government is the buyer or where the U.S. Government

bears more than half the cost of the transaction is subject to the

limitations set forth in Section V.(D.) of the ``Guidelines for the

Issuance of Export Trade Certificates of Review (Second Edition),'' 50

FR 1786 (January 11, 1985).

A copy of the Certificate will be kept in the International Trade

Administration's Freedom of Information Records Inspection Facility,

Room 4100, U.S. Department of Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

Dated: February 24, 2009.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E9-4225 Filed 2-26-09; 8:45 am]

BILLING CODE 3510-DR-P

Last Updated: 8/25/15 4:39 PM