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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: October 5, 2001 (Volume 66, Number 194)]
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 issuance of an Export Trade Certificate of Review,
Application No. 01-00004.
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
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 email@example.com.
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,
bring an action in any appropriate district court of the United States
to set aside the determination on the ground that the determination is
Description of Certified Conduct
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'
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. 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 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
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.
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