[Federal
Register: October 16, 2007 (Volume 72, Number 199)]
[Notices]
[Page
58646-58647]
From
the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc07-51]
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DEPARTMENT
OF COMMERCE
International
Trade Administration
Export
Trade Certificate of Review
AGENCY:
International Trade Administration, Department of Commerce.
ACTION:
Notice of Issuance of an Export Trade Certificate of Review,
Application
No. 07-00001.
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SUMMARY:
On October 10, 2007, the U.S. Department of Commerce issued an
Export
Trade Certificate of Review to East International Holdings, LLC
(``EIH'').
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 (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
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,
EIH
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.
[[Page
58647]]
2. EIH and its individual Suppliers may
regularly exchange
information
on a one-on-one basis regarding that Supplier's inventories
and
near-term production schedules so EIH may determined the
availability
of Products for export and effectively coordinated with
its
distributors in Export Markets.
Terms
and Conditions of Certificate
1. EIH, including its officers, employees
or agents, shall 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,
terms
of domestic marketing or sale, or U.S. business plans,
strategies,
or methods unless such information is already generally
available
to the trade or public.
2. EIH will comply with requests made by
the Secretary of Commerce
on
behalf of the Secretary 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 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 a
Product
and/or Services.
Protection
Provided by Certificate
This Certificate protects EIH 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 EIH
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 EIH 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 the Attorney
General
concerning either (a) the viability or quality of the business
plans
of EIH or its Members or (b) the legality of such business plans
of
EIH or its Members 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: October 10, 2007.
Jeffrey
Anspacher,
Director,
Export Trading Company Affairs.
[FR Doc. E7-20307 Filed 10-15-07; 8:45 am]
BILLING
CODE 3510-DR-P