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

[Federal Register: August 4, 2008 (Volume 73, Number 150)][Notices]

[Page 45210-45211]

DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00005]

Export Trade Certificate of Review

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

Redberri Global Corporation (Application No. 08-00005).

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

Export Trade Certificate of Review to Redberri Global Corporation

(``Redberri''). 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 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 (2008).

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

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

to publish a summary of the certification in the Federal Register.

Under Section 305(a) of the Act and 15 CFR 325.11(a), 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

Redberri 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, with emphasis on products that incorporate

technologies such as bio-technology, software, nanotechnology,

telemedicine, and other related technologies.

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 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.

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 sale of Products and Services, licensing of

Technology Rights, and provision of Export Trade Facilitation Services,

Redberri may:

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

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

the Export Markets;

b. Marketing and Distribution: Conduct marketing and distribution

in the Export Markets;

c. Promotion: Engage in promotional and marketing activities and

collect information on trade opportunities in the Export Markets and

distribute such information to Suppliers and Export Intermediaries;

d. Quantities: Agree on quantities to be sold in Export Markets,

provided that each Supplier and Export Intermediary shall be required

to dedicate only such quantity or quantities as each Supplier and

Export Intermediary shall independently determine;

e. Market and Customer Allocation: Allocate geographic areas or

countries, orders, or customers in the Export Markets;

f. Refusals to Deal: Refuse to quote prices or to market or sell to

or for any customers in the Export Markets, or any countries or

geographical areas in the Export Markets; and

g. Exclusive and Nonexclusive Export Intermediaries: Enter into

exclusive and nonexclusive agreements appointing one or more Export

Intermediaries, including regional representatives in Export Markets,

for the sale in Export Markets, with price, quantity, territorial or

customer restrictions as provided above.

2. Redberri may exchange and discuss the following information on a

one-to-one basis with its individual Suppliers and Export

Intermediaries:

a. Information about sales and marketing efforts for the Export

Markets, activities and opportunities for sales of Products, Services,

and Technology Rights 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, Services, and Technology Rights, customary terms of sale in

the Export Markets, prices and availability of Products, Services, and

Technology rights from competitors for sale in the Export Markets, and

specifications for Products, Services, and Technology Rights by

customers in the Export Markets;

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

delivery dates of Products available from Suppliers and Export

Intermediaries for export;

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

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

d. Information about bidding or selling arrangements for the Export

Markets and allocations among Suppliers and Export Intermediaries of

sales resulting from such arrangements;

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 Suppliers and Export Intermediaries in the Export

Markets (including export price information); and

h. Information about export customers' credit terms and credit

history.

3. Redberri may meet with its Suppliers and Export Intermediaries

on a one-to-one basis to engage in the activities described in

paragraphs 1 and 2 above.

4. Redberri and its Suppliers and Export Intermediaries may jointly

participate in international trade shows and technology summits.

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

under brand names to the extent it has the right to use those names

under applicable law.

6. Redberri may form and operate electronic portals to promote

Products, Services, and Technology Rights through a virtual marketplace

for buyers and sellers in Export Markets, and thereby provide access to

export trade opportunities, including publicly available overseas

government tenders and non-governmental organization tenders.

7. Redberri may provide for or arrange for the provision of Export

Trade Facilitation Services.

8. Redberri may negotiate, enter into, and manage exclusive or non-

exclusive licensing agreements for the export of Technology Rights.

9. Redberri may enter into exclusive or nonexclusive agreements

with Suppliers for the export of Products or Services to the Export

Markets.

IV. Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of

Operations, Redberri will not intentionally disclose, directly or

indirectly, to any Supplier or Export Intermediary any information

about any other Supplier's or Export Intermediary'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. Redberri 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 standards of Section 303(a) of the Act.

V. Definitions

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

Products, Services and/or Technology Rights.

2. ``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

arranging for the provision of Export Trade Facilitation Services.

VI. Protection Provided by Certificate

The Certificate protects Redberri 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

The Certificate continues in effect until it is relinquished,

modified, or revoked as provided in the Act and the Regulations.

VIII. Other Conduct

Nothing in the Certificate prohibits Redberri from engaging in

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

to the normal application of the antitrust laws.

IX. Disclaimers

1. The issuance of the Certificate of Review to Redberri 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 Redberri or (b) the legality of such business

plans of Redberri 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 the 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 29, 2008.

Jeffrey Anspacher,

Director, Export Trading Company Affairs

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