[Federal Register: January 22, 2008 (Volume 73, Number 14)]


[Page 3694-3695]

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







International Trade Administration



Export Trade Certificate of Review


AGENCY: International Trade Administration, Commerce.


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

Application No. 07-00004.




SUMMARY: On January 14, 2008, the U.S. Department of Commerce issued an

Export Trade Certificate of Review to Houston Industries, USA, L.L.C.

(``HIUSA''). 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. 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 section 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,


[[Page 3695]]


bring an action in any appropriate district court of the United States

to set aside the determination on the ground that the determination is



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


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 sales of Products and Services, licensing of

Technology Rights and provisions of Export Trade Facilitation Services,

HIUSA, 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


    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. HIUSA may exchange information on a one-to-one basis with

individual Suppliers regarding that Supplier's inventories and near-

term production schedules for the purpose of determining the

availability of Products for export and coordinating export with



Terms and Conditions of Certificate


    1. In engaging in Export Trade Activities and Methods of

Operations, HIUSA 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. HIUSA 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.




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

Products, Services, and/or Technology Rights.


Protection Provided by Certificate


    This Certificate protects HIUSA 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 HIUSA from engaging in

conduct not specified in this Certificate, but such conduct is subject

to the normal application of the antitrust laws.




    The issuance of this Certificate of Review to HIUSA 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 HIUSA or (b) the legality of such business plans

of HIUSA 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: January 14, 2008.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

 [FR Doc. E8-910 Filed 1-18-08; 8:45 am]