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[Federal Register: December 4, 2008 (Volume 73, Number 234)]

[Notices]

[Page 73907-73908]

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

[DOCID:fr04de08-21]

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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00009]

Export Trade Certificate of Review

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

from Golden Tree Trading Company (``GTTC'').

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.

[[Page 73908]]

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

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 08-00009.'' A

summary of the application follows.

Summary of the Application

Applicant: Golden Tree Trading Company (``GTTC''), 8040 N. Augusta

Street, Fresno, CA 93720.

Contact: Mr. Sypher Lee, Telephone: (626) 500-7942.

Application No.: 08-00009.

Date Deemed Submitted: November 20, 2008.

Members: None.

The applicant (GTTC) seeks a Certificate of Review to engage in the

Export Trade Activities and Methods of Operation described below in the

following Export Trade and Export Markets.

I. 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.

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; 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 export of Products and Services, licensing

of Technology Rights and provision of Export Trade Facilitation

Services, GTTC, subject to the terms and conditions listed below, may:

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

Facilitation Services and engage in promotional and marketing

activities and collect information on trade opportunities in the Export

Markets and distribute such information to clients;

b. 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;

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

distributors and/or sales representatives in Export Markets;

d. Allocate export sales or divide Export Markets among Suppliers

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

Rights;

e. Allocate export orders among Suppliers;

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

Rights for sales and/or licensing in Export Markets;

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

the export of Technology Rights;

h. Enter into contracts for shipping; and

i. Refuse to provide Export Trade Facilitation Services to

customers in any Export Market or Markets.

2. GTTC may exchange information with individual Suppliers on a

one-to-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 GTTC with its

distributors in Export Markets.

IV. Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of Operation,

GTTC 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. GTTC 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 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.

Definition

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

Products, Services, and/or Technology Rights.

Dated: November 26, 2008.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E8-28724 Filed 12-3-08; 8:45 am]

BILLING CODE 3510-DR-P



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