[Federal
Register: April 18, 2008 (Volume 73, Number 76)]
[Notices]
[Page
21108-21110]
From
the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap08-31]
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DEPARTMENT
OF COMMERCE
International
Trade Administration
[Application
No. 08-00005]
Export
Trade Certificate of Review
ACTION:
Notice of Application for an Export Trade Certificate of Review
From
Redberri Global Corporation.
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SUMMARY:
Export Trading Company Affairs (``ETCA''), International Trade
Administration,
Department of Commerce, has received an application for
an
Export Trade Certificate of Review (``Certificate''). This notice
summarizes
the conduct for which certification is sought and requests
comments
relevant to whether the Certificate should be issued.
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 E-mail
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. An Export Trade Certificate
of
Review protects the holder and the members identified in the
Certificate
from state and federal government antitrust actions and
from
private treble damage antitrust actions for the export conduct
specified
in the Certificate and carried out in compliance with its
terms
and conditions. Section 302(b)(1) of the Export Trading Company
Act
of 1982 and 15 CFR 325.6(a) require the Secretary to publish a
notice
in the Federal Register identifying the applicant and
summarizing
its proposed export conduct.
Request
for Public Comments
Interested parties may submit written
comments relevant to the
determination
whether a Certificate should be issued. If the comments
include
any privileged or confidential business information, it must be
clearly
marked and a nonconfidential version of the comments
(identified
as such) should be included. Any comments not marked
privileged
or confidential business information will be deemed to be
nonconfidential.
An original and five (5) copies, plus two (2) copies
of
the nonconfidential version, should be submitted no later than 20
days
after the date of this notice to: Export Trading Company Affairs,
International
Trade Administration, U.S. Department of Commerce, Room
7021X,
Washington, DC 20230. Information submitted by any person is
exempt
from disclosure under the Freedom of Information Act (5 U.S.C.
552).
However, nonconfidential versions of the comments will be made
available
to the applicant if necessary for determining whether or not
to
issue the Certificate. Comments should refer to this application as
``Export
Trade Certificate of Review, application number 08-00005.'' A
summary
of the application follows.
Summary
of the Application
Applicant: Redberri Global Corporation
(``Redberri''), 3152
Cherokee
Street, Saint Louis, Missouri 63118.
Contact: Dr. Deepak K. Vyas, Chief
Executive Officer, Telephone:
(314)
776-8927.
Application No.: 08-00005.
Date Deemed Submitted: April 7, 2008.
Members (in addition to applicant): None.
Redberri seeks a Certificate to cover the
following specific Export
Trade,
Export Markets, and Export Trade Activities and Methods of
Operations.
Export
Trade
A.
Products
All Products, with emphasis on products
that incorporate
technologies
[[Page
21109]]
such
as bio-technology, software, nanotechnology, telemedicine, and
other
related technologies.
B.
Services
All Services.
C.
Technology Rights
Technology rights, including, but not
limited to, patents,
trademarks,
copyrights, and trade secrets, that relate to product and
services.
D.
Export Trade Facilitation Services (as They Relate to the Export of
Products,
Services, and Technology Rights)
Export Trade Facilitation Services include
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;
export trade negotiations; joint ventures; logistical
support;
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; and
transfer
of technology.
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. Redberri, on its own behalf or on
behalf of any or all of its
clients
may:
a. Sales Prices: Establish sale prices,
minimum sale prices, target
sale
prices and/or minimum target sale prices, and other terms of sale,
in
the Export Markets;
b. Marketing and Distribution: Conduct
marketing and distribution
of
Products in the Export Markets.
c. Promotion: Conduct promotion of
Products, Services, and
Technology
Rights in the Export Markets;
d.
Quantities: Agree on quantities of Products to be sold, provided
that
each client shall be required to dedicate only such quantity or
quantities
as each such client shall independently determine.
e. Market and Customer Allocation:
Allocate geographic areas or
countries
in the Export Markets and/or customers in the Export Markets;
f. Refusals to Deal: Refuse to quote
prices for Products and
Services
or to market or sell Products and Services, to or for any
customers
in the Export Markets, or any countries or geographical areas
in
the Export Markets;
g. Exclusive and Nonexclusive Export
Intermediaries: Enter into
exclusive
and nonexclusive agreements appointing one or more Export
Intermediaries,
including regional representatives in the Export
Markets,
for the sale of Products and Services with price, quantity,
territorial
and/or customer restrictions as provided above;
2. Redberri may exchange and discuss the
following information with
Suppliers
and Export Intermediaries on an individual, one-to-one basis:
a. Information about sale and marketing
efforts for the Export
Markets,
activities and opportunities for sales of Products in the
Export
Markets, selling strategies for the Export Markets, sales for
the
Export Markets, contract and spot pricing in the Export Markets,
projected
demands in the Export Markets for Products, customary terms
of
sale in the Export Markets, prices and availability of Products from
competitors
for sale in the Export Markets, and specifications for
Products
by customers in the Export Markets;
b. Information about the price, quality,
quantity, source, and
delivery
dates of Products available from Suppliers for export;
c. Information about terms and conditions
of contracts for sale in
the
Export Markets to be considered and/or bid on by Redberri;
d. Information about joint bidding or
selling arrangements for the
Export
Markets and allocations of sales resulting from such
arrangements
among clients;
e. Information about expenses specific to
exporting to and within
the
Export Markets, including without limitation, transportation,
trans-
or intermodal shipments, insurance, inland freight to port, port
storage,
commissions, export sales, documentation, financing, customs,
duties,
and taxes;
f. Information about U.S. and foreign
legislation and regulations,
including
federal marketing order programs, affecting sales for the
Export
Markets;
g. Information about Redberri's export
operations, including
without
limitation, sales and distribution networks established by
Redberri
or its clients in the Export Markets (including export price
information);
and
h. Information about export customer
credit terms and credit
history.
3. Redberri and its clients may meet to engage
in the activities
described
in paragraphs 1 and 2 above.
4. Redberri and its clients may jointly
participate in
international
trade shows and technology summits.
5. Redberri may market Products, Services,
and Technology Rights
under
Aquaglobex, Redberri, BIE, USTOOLCITI, Toolciti, Aquaglobal,
Medicalciti
or U.S. Pneumatic and other brands to optimize its brand
name
recognition.
6. Redberri Global Corporation intends to
develop world class
infrastructure
to develop international trade for U.S.-made products
and
optimize global sales of American products through innovative
incubation,
brand development, market management, and technology
development.
7. Form and operate electronic portals to
promote Products,
Services,
and Technology Rights through a virtual marketplace for
buyers
and sellers, and provide access to export trade opportunities,
including
publicly available overseas government tenders and non-
governmental
organization tenders.
8. With respect to the sale of Products
and Services, licensing of
Technology
Rights and provision of Export Trade Facilitation Services,
Redberri
may:
a. Provide and/or 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
nonexclusive licensing and/or sales
agreements
with Suppliers for the export of Products, Services, and/or
Technology
Rights to the Export Markets;
d. Allocate export sales or divide Export
Markets among Suppliers
for
the sale and/or licensing of Products, Services, and/or Technology
Rights;
e. Allocate export orders among Suppliers;
f. Establish the price of Products,
Services, and/or Technology
Rights
for sales and/or licensing in the Export Markets; and
g. Negotiate, enter into, and/or manage
licensing agreements for
the
export of Technology Rights.
Definition
``Export Intermediary'' means a person who
acts as a distributor,
sales
representative, sales or marketing agent, import agent, broker,
or
who performs similar functions including providing or
[[Page
21110]]
arranging
for the provision of Export Trade Facilitation Services.
``Supplier'' means a person who produces,
provides, or sells
Products,
Services, and/or Technology Rights.
Dated: April 15, 2008.
Jeffrey
Anspacher,
Director,
Export Trading Company Affairs.
[FR
Doc. E8-8520 Filed 4-17-08; 8:45 am]
BILLING
CODE 3510-DR-P