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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: January 18, 2002 (Volume 67, Number 13)]
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. 01-00005.
SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to Vinex International, Inc. (``VINEX''). This
notice summarizes the conduct for which certification has been granted.
FOR FURTHER INFORMATION CONTACT: Vanessa Bachman, Acting Director
Office of 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. 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 (2000). The Office
of Export Trading Company Affairs (``OETCA'') is issuing this notice
pursuant to 15 CFR 325.6(b), which requires the Department of Commerce
to publish a summary of the Certificate 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
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 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; 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.
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. Provide and/or arrange for the provision of Export Trade
2. Engage in promotional and marketing activities and collect
information on trade opportunities in the Export Markets 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
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-to-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.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
VINEX 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. VINEX 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 standards of Section 303(a) of the Act.
1. ``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
Protection Provided by the Certificate
This Certificate protects VINEX and its 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 and conditions.
A copy of this certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4102, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
Dated: January 14, 2002.
Vanessa M. Bachman,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 02-1295 Filed 1-17-02; 8:45 am]
BILLING CODE 3510-DR-P