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

[Federal Register: May 28, 2004 (Volume 69, Number 104)]

[Notices]

[Page 30619-30620]

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

[DOCID:fr28my04-27]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

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

Application No. 04-00001.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to Gold Star Exporters Ltd. (``GOLD STAR''). This

notice summarizes the conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Office of

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 (2004).

The Office of Export Trading Company Affairs (``OETCA'') 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

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 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.

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

GOLD STAR may:

1. Establish sale prices, minimum sale prices, target sale prices

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

Markets; for Products, Services, Technology Rights and/or licensing of

Technology Rights;

2. Conduct marketing and distribution of Products, Services,

Technology Rights, and Licensing in Export Markets. Collect the

information on trade opportunities in the Export Markets and distribute

such information to export clients, Suppliers, and export

intermediaries;

3. Conduct promotion of Products, Services, Technology Rights and

licensing;

4. Set quantities of Products, Services, Technology Rights, and

licensing to be sold based on needs in the Export Markets and on

information from in-country and domestic sources;

5. Allocate geographic areas or countries in Export Markets and/or

customers in Export Markets among Suppliers, distributors and/or sales

representatives for the sale and/or distribution of Products, Services,

Technology Rights, and/or licensing;

6. Refuse to quote prices for Products, Services, Technology Rights

and/or licensing to or for any customers in the Export Markets, or any

countries or geographical areas in the Export Markets;

7. Enter into exclusive and non-exclusive agreements appointing one

or more export intermediaries for the distribution of Products,

Services, Technology Rights and licensing with price, quantity,

territorial and/or customer restrictions as provided above;

8. Enter into exclusive and/or non-exclusive agreements for the

export of Products, Services, Technology Rights and licensing with

price, quantity, territorial and/or customer restrictions as provided

above;

9. Allocate export orders among Suppliers;

10. Negotiate, enter into, and/or manage exclusive and non-

exclusive licensing agreements for the export of Technology Rights;

11. Enter into contracts for exclusive non-exclusive shipping;

12. Exchange information on a one-on-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. Confidential data is private and

owned by each party of a transaction;

13. GOLD STAR and its Suppliers and export intermediaries may

exchange and discuss information on the following:

(a) Information about sales and marketing efforts for the Export

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

Technology Rights and licensing in the Export Markets, selling

strategies for the Export Markets, contract and spot pricing in the

Export Markets, projected demands in Export Markets for Products and

Services; prices and availability of Products, Services, Technology

Rights, and licensing from competitors for sale in the Export Markets,

and specifications for Products, Services, Technology Rights, and

licensing by customers in the Export Markets;

(b) Information about the price, quality, quantity, source, and

delivery

[[Page 30620]]

dates of Products, Services, Technology Rights, and licensing available

to export;

the Export Markets to consider and/or bid on by GOLD STAR, and its

Suppliers and export intermediaries;

(d) Information about joint bidding or selling arrangements for the

Export Markets and allocations of sales resulting from such

arrangements among Suppliers;

(e) Information about expenses specific to exporting to and within

the Export Markets;

(f) Information about United States and foreign legislation and

regulations, including federal marketing order programs affecting the

Export Markets;

(g) Information about GOLD STAR export operations, including

without limitation, sales and distribution networks established by GOLD

STAR and prior export sales by GOLD STAR (including export price

information); and

(h) Information about export customer credit terms and credit

history.

Terms and Conditions of Certificate

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

GOLD STAR 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 are not already

generally available to the trade or public.

2. GOLD STAR 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.

Definition

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

Products, Services and/or Technology Rights.

Protection Provided by the Certificate

This Certificate protects GOLD STAR 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 GOLD STAR 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 GOLD STAR 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 or by the

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

business plans of GOLD STAR (b) the legality of such business plans of

GOLD STAR 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 Certificate of Review (Second Edition),'' 50

FR 1786 (January 11, 1985).

A copy of this certificate will be kept in the International Trade

Administration's Freedom of Information Records Inspection Facility

Room 4102, U.S. Department of Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.

Effective Date: May 17, 2004.

Dated: May 25, 2004.

Jeffrey Anspacher,

Director, Office of Export Trading Company Affairs.

[FR Doc. 04-12143 Filed 5-27-04; 8:45 am]

BILLING CODE 3510-DR-P

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