[Federal Register: April 2, 2008 (Volume 73, Number 64)]


[Page 17951-17952]

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







International Trade Administration


[Application No. 08-00003]



Export Trade Certificate of Review


ACTION: Notice of Application for an Export Trade Certificate of Review

from Agla Trade Link International.




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

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. 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

7021-X, 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 08-00003.'' A

summary of the application follows.


Summary of the Application


    Applicant: Agla Trade Link International, 193 Cooper Beech Glen

1, Hercules, CA 94547.

    Contact: Mr. Roger Ditta, Telephone: (510) 776-7448.

    Application No.: 08-00003.

    Date Deemed Submitted: March 20, 2008.


[[Page 17952]]


    Members (in addition to applicant): None.

    Agla Trade Link International seeks a Certificate to cover the

following specific Export Trade, Export Markets, and Export Trade

Activities and Methods of Operations.


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 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; 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; and facilitating the formation of shippers'



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 the provision of Export Trade Facilitation

Services, Agla Trade Link International, 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


    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. Agla Trade Link International and individual Suppliers may

regularly exchange information on an individual one-on-one basis

regarding that Supplier's inventories and near-term production

schedules in order that the availability of Products for export can be

determined and effectively coordinated by Agla Trade Link International

with its distributors in Export Markets.


Terms and Conditions of Certificate


    1. Agla Trade Link International, 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. Agla Trade Link International, 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.




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

Products, Services, and/or Technology Rights.


    Dated: March 27, 2008.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E8-6822 Filed 4-1-08; 8:45 am]