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

[Federal Register: December 20, 2006 (Volume 71, Number 244)]

[Notices]

[Page 76275-76276]

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

[DOCID:fr20de06-45]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

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

Application No. 06-00002.

SUMMARY: On December 14, 2006, the U.S. Department of Commerce issued

an Export Trade Certificate of Review to Darah Thomas doing business as

Necole Shannon Global Export Services (``NSGES''). 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 (2005).

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,

NSGES, subject to the terms and conditions listed below, 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.

2. NSGES and individual Suppliers may regularly exchange

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

and near-term production schedules in order that the availability of

Products for export can be determined and effectively coordinated by

NSGES with its distributors in Export Markets.

Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of Operation,

NSGES will not intentionally disclose, 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. NSGES will comply with requests made by the Secretary of

Commerce on behalf of the Secretary of Commerce or

[[Page 76276]]

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.

Definition

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

sells Products, Services and/or Technology Rights.

Protection Provided by Certificate

This Certificate protects NSGES and its 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 NSGES 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 NSGES 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

by the Attorney General concerning either (a) the viability or quality

of the business plans of NSGES or (b) the legality of such business

plans of NSGES 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: December 14, 2006.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E6-21726 Filed 12-19-06; 8:45 am]

BILLING CODE 3510-DR-P

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