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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 25, 2003 (Volume 68, Number 37)]

[Notices]

[Page 8738-8739]

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

[DOCID:fr25fe03-28]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of Application.

SUMMARY: The Office of Export Trading Company Affairs (``OETCA''),

International Trade Administration, Department of Commerce, has

received an application for an Export Trade Certificate of Review. 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 C. Anspacher, Director, Office

of 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: Office of Export Trading Company

Affairs, International Trade Administration, Department of Commerce,

Room 1104H, 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 03-00002.''

A summary of the application follows.

Summary of the Application

Applicant: EXIM Services of North America, Inc., 530 Bellwood Park

Road, Asbury, New Jersey 08802.

Contact: Robert J. Loftin, President.

Telephone: (908) 479-6670.

Application No.: 03-00002.

Date Deemed Submitted: February 7, 2003.

Members (in addition to applicant): None.

EXIM Services of North America, Inc. 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 and assistance relating to: government relations;

state and federal export programs; foreign trade and business protocol;

consulting; market research and analysis; collection of information on

trade opportunities; marketing; negotiations; joint ventures; shipping

and export management;

[[Page 8739]]

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 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

With respect to the sale of Products and Services, licensing of

Technology Rights and provisions of Export Trade Facilitation Services,

EXIM Services of North America, Inc. may:

1. Provide and/or arrange for the provision of Export Trade

Facilitation Services;

2. Engage in promotional and marketing activities and collect

information on trade opportunities in the Export Market and distribute

such information to clients;

3. Enter into exclusive and/or non-exclusive licensing and/or sales

agreements with Suppliers for the export of Products, Services, and/or

Technology Rights in Export Markets;

4. Enter into exclusive and/or non-exclusive agreements with

distributors and/or sales representatives in Export Markets;

5. Allocate export sales or divide Export Markets among Suppliers

for the sale and/or licensing of Products, Services, and/or Technology

Rights;

6. Allocate export orders among Suppliers;

7. Establish the price of Products, Services, and/or Technology

Rights for sale and/or licensing in Export Markets;

8. Negotiate, enter into, and/or manage licensing agreements for

the export of Technology Rights;

9. Enter into contracts for shipping; and

10. Exchange information on a one-on-one basis with individual

Suppliers regarding inventories and near-term production schedules for

the purpose of determining the availability of products for export and

coordinating export with distributors.

Definitions

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

Product and/or Service.

Dated: February 19, 2003.

Jeffrey C. Anspacher,

Director, Office of Export Trading, Company Affairs.

[FR Doc. 03-4334 Filed 2-24-03; 8:45 am]

BILLING CODE 3510-DR-P



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