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Export Trading Company Affairs (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: July 12, 2001 (Volume 66, Number 134)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of application.
SUMMARY: The Office of Export Trading Company Affairs (``OETCA''),
International Trade Administration, Department of Commerce, has
received an application for an Export Trade Certificate of Review. 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: Vanessa M. Bachman, Acting Director,
Office of Export Trading Company Affairs, International Trade
Administration, (202) 482-5131. This is not a toll-free number.
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. A 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 Act 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 copies, plus two copies of the
nonconfidential version, should be submitted no later than 20 days
after the date of this notice to: Office of Export Trading Company
Affairs, International Trade Administration, Department of Commerce,
Room 1104H, 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 01-00004.''
A summary of the application follows.
Summary of the Application
Applicant: International Trading Group, LLC (``ITG''), 300 E.
Lombard Street, Baltimore, Maryland 21202.
Contact: Kathy L. Ducassou, President and Chief Operating Officer.
Telephone: (410) 466-8114.
Application No.: 01-00004.
Date Deemed Submitted: June 29, 2001.
Members (in addition to applicant): None.
ITG seeks a Certificate to cover the following specific Export
Trade, Export Markets, and Export Trade Activities and Methods of
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, 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; marketing research 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
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). The proposed Export Trade
Certificate of Review would extend antitrust protection to ITG to
conduct the following export trade activities:
1. Provide and/or arrange for the provision of Export Trade
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
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 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
9. Establish the fee for licensing of Technology Rights in Export
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.
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.
Dated: July 9, 2001.
Vanessa M. Bachman,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 01-17447 Filed 7-11-01; 8:45 am]
BILLING CODE 3510-DR-U