[Federal
Register: July 25, 2008 (Volume 73, Number 144)][Notices]
[Page
43408-43409]
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DEPARTMENT
OF COMMERCE
International
Trade Administration
Export
Trade Certificate of Review
AGENCY:
International Trade Administration.
ACTION:
Notice of issuance of an Export Trade Certificate of Review,
Application
No. 08-00007.
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SUMMARY:
On July 21, 2008, the U.S. Department of Commerce issued an
Export
Trade Certificate of Review to Global Trade International LLC
(``GTI'').
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 (2007).
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 section 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 that relate to Products
and Services, including,
but
not limited to, patents, trademarks, copyrights, and trade secrets.
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,
GTI
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 non-exclusive
licensing and sales
agreements
with Suppliers for the export of Products, Services, and
Technology
Rights to Export Markets;
d. Enter into exclusive and non-exclusive
arrangements with
distributors
and sales representatives in Export Markets;
e. Allocate export sales or divide Export
Markets among Suppliers
for
the sale and licensing of Products, Services, and Technology
Rights;
f. Allocate export orders among Suppliers;
g. Establish the price of Products,
Services, and Technology Rights
for
sales and licensing in Export Markets;
h. Negotiate, enter into, and manage
licensing agreements for the
export
of Technology Rights; and
i. Enter into
contracts for shipping of Products to Export Markets.
2. GTI 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
distributors.
Terms
and Conditions
1. GTI, including its officers, employees,
and 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. GTI 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 standard of Section
303(a)
of the Act.
Definition
``Supplier'' means a person who produces,
provides, or sells
Products,
Services and/or Technology Rights.
Protection
Provided by Certificate
This Certificate protects GTI 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 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 GTI
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 GTI 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 GTI or (b) the legality of such business plans of GTI 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: July 21, 2008.
Jeffrey
Anspacher,
Director,
Export Trading Company Affairs