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

[Federal Register: October 16, 2007 (Volume 72, Number 199)]

[Notices]

[Page 58646-58647]

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

[DOCID:fr16oc07-51]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

AGENCY: International Trade Administration, Department of Commerce.

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

Application No. 07-00001.

SUMMARY: On October 10, 2007, the U.S. Department of Commerce issued an

Export Trade Certificate of Review to East International Holdings, LLC

(``EIH''). 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 325.6(b), which requires the U.S. Department 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

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,

EIH may:

a. Provide and/or arrange for the provisions 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.

[[Page 58647]]

2. EIH and its individual Suppliers may regularly exchange

information on a one-on-one basis regarding that Supplier's inventories

and near-term production schedules so EIH may determined the

availability of Products for export and effectively coordinated with

its distributors in Export Markets.

Terms and Conditions of Certificate

1. EIH, including its officers, employees or 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. EIH 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 standards of Section

303(a) of the Act.

Definition

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

Product and/or Services.

Protection Provided by Certificate

This Certificate protects EIH 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 EIH 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 EIH 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 by the Secretary of Commerce or the Attorney

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

plans of EIH or its Members or (b) the legality of such business plans

of EIH or its Members 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: October 10, 2007.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E7-20307 Filed 10-15-07; 8:45 am]

BILLING CODE 3510-DR-P

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