[Federal
Register: April 2, 2008 (Volume 73, Number 64)]
[Notices]
[Page
17951-17952]
From
the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap08-29]
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DEPARTMENT
OF COMMERCE
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.
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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
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
Services.
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'
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 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
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.
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.
Definition
``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]
BILLING
CODE 3510-DR-P