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Export Trading Company Act (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: January 22, 2008 (Volume 73, Number 14)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
AGENCY: International Trade Administration, Commerce.
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 07-00004.
SUMMARY: On January 14, 2008, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to Houston Industries, USA, L.L.C.
(``HIUSA''). This notice summarizes the conduct for which certification
has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number), or by 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 (2006).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR section 325.6(b), which requires the U.S. 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
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 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.
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 sales of Products and Services, licensing of
Technology Rights and provisions of Export Trade Facilitation Services,
HIUSA, subject to the terms and conditions listed below, may:
a. Provide and/or arrange for the provisions of Export Trade
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
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. HIUSA may exchange information on a one-to-one basis with
individual Suppliers regarding that Supplier's inventories and near-
term production schedules for the purpose of determining the
availability of Products for export and coordinating export with
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of
Operations, HIUSA 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. HIUSA will comply with requests made by the Secretary of
Commerce on behalf of the Secretary of Commerce 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 standard of Section 303(a) of the Act.
``Supplier'' means a person who produces, provides, or sells
Products, Services, and/or Technology Rights.
Protection Provided by Certificate
This Certificate protects HIUSA 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
Effective Period of Certificate
This Certificate continues in effect from the effective date
indicated below until it is relinquished, modified, or revoked as
provided in the Act and the Regulations.
Nothing in this Certificate prohibits HIUSA from engaging in
conduct not specified in this Certificate, but such conduct is subject
to the normal application of the antitrust laws.
The issuance of this Certificate of Review to HIUSA 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 HIUSA or (b) the legality of such business plans
of HIUSA under the laws of the United States (other than as provided in
the Act) or under the laws of any foreign country.
The application of this Certificate to conduct in Export Trade
where the United States Government is the buyer or where the United
States 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: January 14, 2008.
Director, Export Trading Company Affairs.
[FR Doc. E8-910 Filed 1-18-08; 8:45 am]
BILLING CODE 3510-DR-P