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

[Federal Register: June 24, 2008 (Volume 73, Number 122)][Notices]

[Page 35637-35638]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

AGENCY: International Trade Administration, Commerce.

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

Application No. 08-00004.

SUMMARY: On June 19, 2008, the U.S. Department of Commerce issued an

Export Trade Certificate of Review to Sirius Chemical Group, Inc.

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

has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Export

Trading Company Affairs, International Trade Administration, by

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

mail at oetca@ita.doc.gov.

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act

of 1982 (15 U.S.C. Sections 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 U.S. Department

of Commerce to publish a summary of the certification in the Federal

any 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

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 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.

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

Technology Rights, and provision of Export Trade Facilitation Services,

SCG 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 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 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; and

i. Enter into contracts for shipping of Products to Export Markets.

2. SCG may exchange information on a one-to-one basis with

individual Suppliers regarding that Supplier's inventories and near-

term production schedules for the purpose of determining the

availability of Products for export and coordinating export with

distributors.

Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of

Operations, SCG will not intentionally disclose,

[[Page 35638]]

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. SCG will comply with requests made by the Secretary of Commerce

on behalf of the Secretary of Commerce 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

standard of Section 303(a) of the Act.

Definition

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

Products, Services and/or Technology Rights.

Protection Provided by Certificate

This Certificate protects SCG 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.

Effective Period of Certificate

This Certificate continues in effect from the effective date

indicated below until it is relinquished, modified, or revoked as

provided in the Act and the Regulations.

Other Conduct

Nothing in this Certificate prohibits SCG from engaging in conduct

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

normal application of the antitrust laws.

Disclaimer

The issuance of this Certificate of Review to SCG 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 SCG or (b) the legality of such business plans of SCG under

the laws of the United States (other than as provided in the Act) or

under the laws of any foreign country.

The application of this Certificate to conduct in Export Trade

where the United States Government is the buyer or where the United

States 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: June 19, 2008.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

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