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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 21, 2008 (Volume 73, Number 35)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 07-00005]
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review to
XCC Exportz Inc. (Application No. 07-00005).
SUMMARY: On February 15, 2008, the U.S. Department of Commerce issued
an Export Trade Certificate of Review to XCC Exportz Inc. (``XCC'').
This notice summarizes the conduct for which certification has been
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 by E-
mail at firstname.lastname@example.org.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. sections 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 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 erroneous.
Description of Certified Conduct:
I. Export Trade
Technology rights, including, but not limited to, patents,
trademarks, copyrights, and trade secrets, that relate to Products and
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 sale of Products and Services, licensing of
Technology Rights and provision of Export Trade Facilitation Services,
XCC, subject to the terms and conditions listed below, may:
a. Provide and arrange for the provision 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 of Products to Export Markets.
2. XCC may exchange information on a one-to-one basis with
Suppliers regarding that Supplier's inventories and near-term
production schedules for the purpose of determining the availability of
Products for export and coordinating exports with distributors.
IV. Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of
Operations, XCC, including its officers, employees or agents, will 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, or
U.S. business plans, strategies, or methods that is not already
generally available to the trade or public.
2. XCC 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.
VI. Protection Provided by Certificate
This Certificate protects XCC 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 effective 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 XCC from engaging in conduct
not specified in this Certificate, but such conduct is subject to the
normal application of U.S. antitrust laws.
The issuance of this Certificate of Review to XCC 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 XCC or (b) the legality of such business plans of XCC 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 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 15, 2008.
Director, Export Trading Company Affairs.
[FR Doc. E8-3253 Filed 2-20-08; 8:45 am]
BILLING CODE 3510-DR