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

[Federal Register: July 25, 2008 (Volume 73, Number 144)][Notices]

[Page 43408-43409]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

AGENCY: International Trade Administration.

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

Application No. 08-00007.

SUMMARY: On July 21, 2008, the U.S. Department of Commerce issued an

Export Trade Certificate of Review to Global Trade International LLC

(``GTI''). 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 (2007).

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 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.

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,

GTI may:

a. Provide and 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 non-exclusive licensing and sales

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

Technology Rights to Export Markets;

d. Enter into exclusive and non-exclusive arrangements with

distributors and sales representatives in Export Markets;

e. Allocate export sales or divide Export Markets among Suppliers

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

Rights;

f. Allocate export orders among Suppliers;

g. Establish the price of Products, Services, and Technology Rights

for sales and licensing in Export Markets;

h. Negotiate, enter into, and manage licensing agreements for the

export of Technology Rights; and

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

2. GTI 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

1. GTI, including its officers, employees, and agents, shall not

intentionally disclose, directly or indirectly, to any Supplier

(including parent companies, subsidiaries, or other entities related to

any Supplier) any information about any other Supplier's costs,

production, capacity, inventories, domestic prices, domestic sales,

terms of domestic marketing or sale, or U.S. business plans,

strategies, or methods unless such information is already generally

available to the trade or public.

2. GTI 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 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 GTI 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 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 GTI 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 GTI 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 GTI or (b) the legality of such business plans of GTI 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 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: July 21, 2008.

Jeffrey Anspacher,

Director, Export Trading Company Affairs

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