[Federal Register: October 5, 2001 (Volume 66, Number 194)]
[Notices]               
[Page 51020-51021]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc01-71]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

 
Export Trade Certificate of Review

ACTION: Notice of issuance of an Export Trade Certificate of Review, 
Application No. 01-00004.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to International Trading Group, LLC (``ITG''). 
This notice summarizes the conduct for which certification has been 
granted.

FOR FURTHER INFORMATION CONTACT: Vanessa M. Bachman, Acting Director, 
Office of Export Trading Company Affairs, International Trade 
Administration, (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. The regulations implementing 
Title III are found at 15 CFR Part 325 (2000).
    The Office of Export Trading Company Affairs (``OETCA'') is issuing 
this notice pursuant to 15 CFR 325.6(b), which requires the 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 51021]]

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
    All intellectual property rights associated with Products or 
Services, 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 export programs; foreign trade and 
business protocol; consulting; market research and analysis; collection 
of information on trade opportunities; marketing; negotiations; joint 
ventures; shipping and export management; export licensing; 
advertising; documentation and services related to compliance with 
customs requirements; insurance and financing; bonding; warehousing; 
export trade promotion; trade show exhibitions; organizational 
development; management and labor strategies; transfer of technology; 
transportation; 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

    ITG may:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotion and marketing activities and collect and 
distribute information on trade opportunities in the Export Market;
    3. Enter into exclusive and/or non-exclusive agreements with 
distributors, foreign buyers, and/or sales representatives in Export 
Markets;
    4. Enter into exclusive or non-exclusive sales agreements with 
Suppliers, Export Intermediaries, or other persons for the sale of 
Products and Services in Export Markets;
    5. Enter into exclusive or non-exclusive agreements with Suppliers, 
Export Intermediaries, or other persons for licensing Technology Rights 
in Export Markets;
    6. Allocate the sales, export orders and/or divide Export Markets 
among Suppliers, Export Intermediaries, or other persons for the sale 
of Products and Services;
    7. Allocate the licensing of Technology Rights in Export Markets 
among Suppliers, Export Intermediaries, or other persons;
    8. Establish the price of Products and Services for sale in Export 
Markets;
    9. Establish the fee for licensing of Technology Rights in Export 
Markets; and
    10. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
ITG 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. ITG 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 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 
standards of section 303(a) of the Act.

Definitions

    1. ``Export Intermediary'' means a person who acts as a 
distributor, sales representative, sales or marketing agent, or broker, 
or who performs similar functions, including providing or arranging for 
the provision of Export Trade Facilitation Services.
    2. ``Supplier'' means a person who produces, provides, or sells a 
Product and/or Service.
    A copy of this certificate will be kept in the International Trade 
Administration's Freedom of Information Records Inspection Facility 
Room 4102, U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230.

    Dated: October 1, 2001.
Vanessa M. Bachman,
Acting Director, Office of Export Trading, Company Affairs.
[FR Doc. 01-25033 Filed 10-4-01; 8:45 am]
BILLING CODE 3510-DR-P