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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: December 3, 2007 (Volume 72, Number 231)]
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 application for an Export Trade Certificate of Review
from XCC EXPORTZ INC.
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
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
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
7021-X H, Washington, DC 20230. Information submitted by any person is
exempt from disclosure under 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 07-00005.'' A
summary of the application follows.
Summary of the Application:
Applicant: XCC EXPORTZ INC. (``XCC''), 8511 Rancho del Oro Pl. NE.,
Albuquerque, NM 87113.
Contact: Mr. Sergio Barada, President, Telephone: (505) 205-0311.
Application No.: 07-00005.
Date Deemed Submitted: November 19, 2007.
Members (in addition to applicant): None.
XCC seeks a Certificate to cover the following specific Export
Trade, Export Markets, and Export Trade Activities and Methods of
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 include 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; 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. With respect to the sale of Products and Services, licensing of
Technology Rights and the 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.
2. XCC and individual Suppliers may regularly exchange information
on an individual 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
XCC with its distributors in Export Markets.
Terms and Conditions of Certificate
1. XCC, including its officers, employees or agents, shall 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,
terms of domestic marketing or sale, or U.S. business plans,
strategies, or methods unless such information is 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 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 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.
Dated: November 28, 2007.
Director, Export Trading Company Affairs.