[Federal
Register: February 21, 2008 (Volume 73, Number 35)]
[Notices]
[Page
9523-9524]
From
the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21fe08-39]
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DEPARTMENT
OF COMMERCE
International
Trade Administration
[Application
No. 07-00005]
Export
Trade Certificate of Review
ACTION:
Notice of Issuance of an Export Trade Certificate of Review to
XCC
Exportz Inc. (Application No. 07-00005).
-----------------------------------------------------------------------
SUMMARY:
On February 15, 2008, the U.S. Department of Commerce issued
an
Export Trade Certificate of Review to XCC Exportz Inc. (``XCC'').
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 (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
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:
I.
Export Trade
Products
All Products.
Services
All Services.
Technology
Rights
Technology rights, including, but not
limited to, patents,
trademarks,
copyrights, and trade secrets, that relate to Products and
Services.
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.
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,
XCC,
subject to the terms and conditions listed below, may:
a. Provide and arrange for the provision
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 of
Products to Export Markets.
2. XCC may exchange information on a
one-to-one basis with
individual
[[Page
9524]]
Suppliers
regarding that Supplier's inventories and near-term
production
schedules for the purpose of determining the availability of
Products
for export and coordinating exports with distributors.
IV.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities
and Methods of
Operations,
XCC, including its officers, employees or agents, will 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, or
U.S.
business plans, strategies, or methods that is not already
generally
available to the trade or public.
2. XCC 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
standard
of section 303(a) of the Act.
V.
Definition
``Supplier'' means a person who produces,
provides, or sells
Products,
Services, and/or Technology Rights.
VI.
Protection Provided by Certificate
This Certificate protects XCC 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
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.
VIII.
Other Conduct
Nothing in this Certificate prohibits XCC
from engaging in conduct
not
specified in this Certificate, but such conduct is subject to the
normal
application of U.S. antitrust laws.
IX.
Disclaimer
The issuance of this Certificate of Review
to XCC 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 XCC or (b) the legality of such business plans of XCC 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 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: February 15, 2008.
Jeffrey
Anspacher,
Director,
Export Trading Company Affairs.
[FR
Doc. E8-3253 Filed 2-20-08; 8:45 am]
BILLING
CODE 3510-DR-P