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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 23, 2007 (Volume 72, Number 140)]

[Notices]

[Page 40117-40118]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr23jy07-26]

 

 

DEPARTMENT OF COMMERCE

 

International Trade Administration

 

Export Trade Certificate of Review

 

ACTION: Notice of application for an Export Trade Certificate of Review

from East International Holdings, LLC.

 

 

SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade

Administration, Department of Commerce, has received an application for

an Export Trade Certificate of Review (``Certificate''). 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: 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

at oetca@ita.doc.gov.

 

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. An Export Trade 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 Export Trading Company

Act of 1982 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 (5) copies, plus two (2) copies

of the nonconfidential version, should be submitted no later than 20

days after the date of this notice to: Export Trading Company Affairs,

International Trade Administration, U.S. Department of Commerce, Room

702-B H, Washington, DC 20230. Information submitted by any person is

exempt from disclosure under

 

[[Page 40118]]

 

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 07-00001.'' A summary of the application

follows.

 

Summary of the Application

 

Applicant: East International Holdings, LLC. (``EIH''), 3411

Ellamont Road, Baltimore, Maryland 21215.

Contact: Alfred M. Nkere, Chief Executive Officer, Telephone: (443)

622-9421.

Application No.: 07-00001.

Date Deemed Submitted: July 12, 2007.

Members (in addition to applicant): None.

EIH seeks a Certificate to cover the following specific Export

Trade, Export Markets, and Export Trade Activities and Methods of

Operations.

 

Export Trade

 

1. Products

 

All Products.

 

2. Services

 

All Services.

 

3. Technology Rights

 

Technology rights, 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 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.

 

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).

 

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,

Applicant, subject to the terms and conditions listed below, may:

a. Provide and/or arrange for the provisions of Export Trade

Facilitation Services;

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

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; and

i. Enter into contracts for shipping.

2. Applicant and individual Suppliers may regularly exchange

information on a one-on-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

Applicant with its distributors in Export Markets.

 

Terms and Conditions of Certificate

 

1. In engaging in Export Trade Activities and Methods of

Operations, Applicant 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. Applicant 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.

 

Definition

 

1. ``Supplier'' means a person who produces, provides, or sells

Products, Services and/or Technology Rights.

 

Dated: July 17, 2007.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E7-14202 Filed 7-20-07; 8:45 am]

 

BILLING CODE 3510-DR-P

 



Last Updated: 7/29/13 8:31 PM