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

[Federal Register: April 18, 2008 (Volume 73, Number 76)]

[Notices]

[Page 21108-21110]

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

[DOCID:fr18ap08-31]

DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00005]

Export Trade Certificate of Review

ACTION: Notice of Application for an Export Trade Certificate of Review

From Redberri Global Corporation.

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

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. 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

7021X, 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 08-00005.'' A

summary of the application follows.

Summary of the Application

Applicant: Redberri Global Corporation (``Redberri''), 3152

Cherokee Street, Saint Louis, Missouri 63118.

Contact: Dr. Deepak K. Vyas, Chief Executive Officer, Telephone:

(314) 776-8927.

Application No.: 08-00005.

Date Deemed Submitted: April 7, 2008.

Members (in addition to applicant): None.

Redberri seeks a Certificate to cover the following specific Export

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

Operations.

Export Trade

A. Products

All Products, with emphasis on products that incorporate

technologies

[[Page 21109]]

such as bio-technology, software, nanotechnology, telemedicine, and

other related technologies.

B. Services

All Services.

C. Technology Rights

Technology rights, including, but not limited to, patents,

trademarks, copyrights, and trade secrets, that relate to product and

services.

D. Export Trade Facilitation Services (as They Relate to the Export of

Products, Services, and Technology Rights)

Export Trade Facilitation Services include 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; export trade negotiations; joint ventures; logistical

support; 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; and

transfer of technology.

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

1. Redberri, on its own behalf or on behalf of any or all of its

clients may:

a. Sales Prices: Establish sale prices, minimum sale prices, target

sale prices and/or minimum target sale prices, and other terms of sale,

in the Export Markets;

b. Marketing and Distribution: Conduct marketing and distribution

of Products in the Export Markets.

c. Promotion: Conduct promotion of Products, Services, and

Technology Rights in the Export Markets;

d. Quantities: Agree on quantities of Products to be sold, provided

that each client shall be required to dedicate only such quantity or

quantities as each such client shall independently determine.

e. Market and Customer Allocation: Allocate geographic areas or

countries in the Export Markets and/or customers in the Export Markets;

f. Refusals to Deal: Refuse to quote prices for Products and

Services or to market or sell Products and Services, to or for any

customers in the Export Markets, or any countries or geographical areas

in the Export Markets;

g. Exclusive and Nonexclusive Export Intermediaries: Enter into

exclusive and nonexclusive agreements appointing one or more Export

Intermediaries, including regional representatives in the Export

Markets, for the sale of Products and Services with price, quantity,

territorial and/or customer restrictions as provided above;

2. Redberri may exchange and discuss the following information with

Suppliers and Export Intermediaries on an individual, one-to-one basis:

a. Information about sale and marketing efforts for the Export

Markets, activities and opportunities for sales of Products in the

Export Markets, selling strategies for the Export Markets, sales for

the Export Markets, contract and spot pricing in the Export Markets,

projected demands in the Export Markets for Products, customary terms

of sale in the Export Markets, prices and availability of Products from

competitors for sale in the Export Markets, and specifications for

Products by customers in the Export Markets;

b. Information about the price, quality, quantity, source, and

delivery dates of Products available from Suppliers for export;

c. Information about terms and conditions of contracts for sale in

the Export Markets to be considered and/or bid on by Redberri;

d. Information about joint bidding or selling arrangements for the

Export Markets and allocations of sales resulting from such

arrangements among clients;

e. Information about expenses specific to exporting to and within

the Export Markets, including without limitation, transportation,

trans- or intermodal shipments, insurance, inland freight to port, port

storage, commissions, export sales, documentation, financing, customs,

duties, and taxes;

f. Information about U.S. and foreign legislation and regulations,

including federal marketing order programs, affecting sales for the

Export Markets;

g. Information about Redberri's export operations, including

without limitation, sales and distribution networks established by

Redberri or its clients in the Export Markets (including export price

information); and

h. Information about export customer credit terms and credit

history.

3. Redberri and its clients may meet to engage in the activities

described in paragraphs 1 and 2 above.

4. Redberri and its clients may jointly participate in

international trade shows and technology summits.

5. Redberri may market Products, Services, and Technology Rights

under Aquaglobex, Redberri, BIE, USTOOLCITI, Toolciti, Aquaglobal,

Medicalciti or U.S. Pneumatic and other brands to optimize its brand

name recognition.

6. Redberri Global Corporation intends to develop world class

infrastructure to develop international trade for U.S.-made products

and optimize global sales of American products through innovative

incubation, brand development, market management, and technology

development.

7. Form and operate electronic portals to promote Products,

Services, and Technology Rights through a virtual marketplace for

buyers and sellers, and provide access to export trade opportunities,

including publicly available overseas government tenders and non-

governmental organization tenders.

8. With respect to the sale of Products and Services, licensing of

Technology Rights and provision of Export Trade Facilitation Services,

Redberri may:

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

Facilitation Services;

b. Engage in promotional and marketing activities and collect

information on trade opportunities in the Export Markets and distribute

such information to clients;

c. Enter into exclusive and/or nonexclusive licensing and/or sales

agreements with Suppliers for the export of Products, Services, and/or

Technology Rights to the Export Markets;

d. Allocate export sales or divide Export Markets among Suppliers

for the sale and/or licensing of Products, Services, and/or Technology

Rights;

e. Allocate export orders among Suppliers;

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

Rights for sales and/or licensing in the Export Markets; and

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

the export of Technology Rights.

Definition

``Export Intermediary'' means a person who acts as a distributor,

sales representative, sales or marketing agent, import agent, broker,

or who performs similar functions including providing or

[[Page 21110]]

arranging for the provision of Export Trade Facilitation Services.

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

Products, Services, and/or Technology Rights.

Dated: April 15, 2008.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E8-8520 Filed 4-17-08; 8:45 am]

BILLING CODE 3510-DR-P

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