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Export Trading Company Affairs (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: January 12, 2005 (Volume 70, Number 8)]
[Notices]
[Page 2121-2122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja05-47]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of issuance of an Export Trade Certificate of Review,
Application No. 04-00004.
SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to AmRus Ventures, Inc. (``AMRUS''). 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. 400l-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 (2004).
Export Trading Company Affairs is issuing this notice pursuant to
15 CFR 325.6(b), which requires the Department of Commerce to publish a
summary of the Certificate in the Federal Register.Under Section 305
(a) of the Act and 15 CFR 325.ll(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:
I. Export Trade
A. Products
All products.
B. Services
All services.
C. Technology Rights
Technology Rights, including, but not limited to, patents,
trademarks, copyrights, and trade secrets that relate to Products and
Services.
D. 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 and assistance relating to: government relations;
state and federal export programs; foreign trade and business protocol;
consulting; market research and analysis; collection of information on
trade opportunities; marketing; negotiations; joint ventures; shipping
and 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 the formation of shippers' associations.
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
AMRUS may:
1. Provide and/or arrange for the provision of Export Trade
Facilitation Services;
2. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Markets and distribute
such information to clients;
3. Enter into exclusive and/or non-exclusive licensing and/or sales
agreements with Suppliers for the export of Products, Services, and/or
Technology Rights in Export Markets;
4. Enter into exclusive or non-exclusive agreements with
distributors and/or sales representatives in Export Markets;
5. Allocate export sales or divide Export Markets among Suppliers
for the sale and/or licensing of Products, Services, and/or Technology
Rights;
6. Allocate export orders among Suppliers;
7. Establish the price of Products, Services, and/or Technology
Rights for sale and/or licensing in Export Markets;
8. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights;
9. Enter into contracts for shipping; and
10. Exchange information on a one-to-one basis with individual
Suppliers regarding inventories and near-term production schedules for
the purpose of determining the availability of Products for export and
coordinating export with distributors.
IV. Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
AMRUS 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. AMRUS 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. Members
AMRUS has named no members (other than itself as Applicant) that
are seeking protection under the Export Trade Certificate of Review.
VI. Definitions
1. ``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
A copy of this certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4001, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
[[Page 2122]]
Dated: January 6, 2005.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E5-88 Filed 1-11-05; 8:45 am]
BILLING CODE 3510-DR-F