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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: February 27, 2009 (Volume 74, Number 38)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08-00009]
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review to
Golden Tree Trading Company Application (Application No. 08-00009).
SUMMARY: On February 18, 2009, the U.S. Department of Commerce issued
an Export Trade Certificate of Review to Golden Tree Trading Company
(``GTTC''). This notice summarizes the conduct for which certification
has been granted.
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. The regulations implementing
Title III are found at 15 CFR part 325 (2006).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR section 325.6(b), which requires the Secretary 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 erroneous.
Description of Certified Conduct
GTTC is certified to engage in the Export Trade Activities and
Methods of Operation described below in the following Export Trade and
I. Export Trade
3. Technology Rights
Technology rights that relate to Products and Services, including,
but not limited to, patents, trademarks, copyrights, and trade secrets.
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 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 services; and facilitating the formation
of shippers' associations.
II. 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).
III. Export Trade Activities and Methods of Operation
1. With respect to the export of Products and Services, licensing
of Technology Rights and provision of Export Trade Facilitation
Services, GTTC, subject to the terms and conditions listed below, may:
a. Provide and/or arrange for the provisions of Export Trade
Facilitation Services and engage in promotional and marketing
b. 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
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;
i. Enter into contracts for shipping to Export Markets; and
j. Refuse to provide Export Trade Facilitation Services to
customers in any Export Market or Markets.
2. GTTC may exchange information with individual Suppliers on a
one-to-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 GTTC with its
distributors in Export Markets.
IV. Terms and Conditions
1. In engaging in Export Trade Activities and Methods of Operation,
GTTC 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. GTTC 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.
``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
VI. Protection Provided by Certificate
This Certificate protects GTTC and its directors, officers, and
employees acting on its behalf, from private treble damage actions and
government criminal and civil suits under U.S. federal and state
antitrust laws for the export conduct specified in the Certificate and
carried out during its effective period in compliance with its terms
VII. Effective Period of Certificate
This Certificate continues in effect from the date indicated below
until it is relinquished, modified, or revoked as provided in the Act
and the Regulations.
VIII. Other Conduct
Nothing in this Certificate prohibits GTTC from engaging in conduct
not specified in this Certificate, but such conduct is subject to the
normal application of the antitrust laws.
1. The issuance of this Certificate of Review to GTTC by the
Secretary of Commerce with the concurrence of the Attorney General
under the provisions of the Act does not constitute, explicitly or
implicitly, an endorsement or opinion of the Secretary of Commerce or
the Attorney General concerning either (a) the viability or quality of
the business plans of GTTC or (b) the legality of such business plans
of GTTC under the laws of the United States (other than as provided in
the Act) or under the laws of any foreign country.
2. The application of this Certificate to conduct in Export Trade
where the U.S. Government is the buyer or where the U.S. Government
bears more than half the cost of the transaction is subject to the
limitations set forth in Section V.(D.) of the ``Guidelines for the
Issuance of Export Trade Certificates of Review (Second Edition),'' 50
FR 1786 (January 11, 1985).
A copy of the Certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: February 24, 2009.
Director, Export Trading Company Affairs.
[FR Doc. E9-4225 Filed 2-26-09; 8:45 am]
BILLING CODE 3510-DR-P