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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 31, 2001 (Volume 66, Number 21)]


[Page 8386-8388]

From the Federal Register Online via GPO Access []



International Trade Administration

Export Trade Certificate of Review; 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: Vanessa M. Bachman, Acting Director,

Office of Export Trading Company Affairs, International Trade

Administration, (202) 482-5131 (this is not a toll-free number) or by

E-mail at

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. A 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 Act 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 copies, plus two 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, or transmit by E-mail at Information submitted by any person is exempt from

disclosure under the Freedom of Information Act (5 U.S.C. 552).

[[Page 8387]]

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 01-00001.'' A

summary of the application follows.

Summary of the Application

Applicant: Ginseng Board of Wisconsin, Inc.(``GBW''), 16H Menard

Plaza, Wausau, Wisconsin 54401.

Contact: Joan Eckes, Manager.

Telephone: (715) 845-7300.

Application No.: 01-00001.

Date Deemed Submitted: January 16, 2001.

GBW is a non-stock, non-profit corporation established to

administer the Wisconsin Ginseng Marketing Order (Chapter Ag. 148, Wis.

Adm. Code). Members (in addition to applicant): Ginseng Research

Institute of America, Inc. (``GRIA''), Wausau, WI; Ginseng & Herb Co-op

(``GHC''), Wausau, WI; and Ms. Mechthild Handke, Dusseldorf, Germany

(representative for GBW and GHC).

Export Trade:

1. Products

Ginseng and ginseng products; golden seal and golden seal products;

echinacea and echinacea products.

2. Services

All services related to the export of Products.

3. Technology Rights

All intellectual property rights associated with Products or

Services, including, but not limited to, patents, trademarks, service

marks, trade names, copyrights, neighboring (related) rights, trade

secrets, know-how, and sui generis forms of protection for databases

and computer programs.

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:

foreign market development, consulting, international market research,

all product research and design, development of trade strategy, legal

assistance, marketing, promotion, sales, distribution, trade

documentation, trade shows, freight forwarding, consolidation of export

shipments, transportation, communication and processing of export

orders; warehousing, foreign exchange, financing, taking title to

goods, customs, duties, taxes, insurance, billing collection,

inspection and quality control.

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).

The proposed Export Trade Certificate of Review would extend

antitrust protection to GBW and the Members cited above in connection

with the following Export Trade related activities:

1. Design and execute foreign marketing strategies for Export


2. Establish base prices at which the Products will be sold for

export, and set all or other terms of export sales;

3. Agree on quantities of Product to be sold. GHC and GBW shall not

require any Product supplier to export a minimum quantity. Grower names

will be in a lottery draw and as names are drawn, this is the order in

which growers will be contacted to see if they want to sell. If the

grower decides not to sell, his name is put at the end. Growers also

have an ``option out'' feature with the coop, should they decide to


4. GBW and/or Mechthild and GHC may refuse to quote prices for

Products, or to market or sell Products to/or for any customers in the

Export Markets, or any countries or geographical areas in the Export


5. GBW and GHC may conduct promotional activities such as: design,

develop and use promotional material using trademarked seal and/or

other material. GBW, GHC may design, develop and market generic or

other corporate labels for use in Export Markets. GBW and GHC may

arrange trade shows, marketing trips, advertising services, conduct

international market and Product research;

6. GBW and GHC may conduct marketing and distribution of the


7. GBW and GHC may enter into exclusive agreements appointing one

or more export trade intermediaries for the sale of products with

price, quantity, territory, country and/or customer restrictions.

(``Exclusive'' means that GBW and GHC may agree not to sell Products

into designated Export Markets through any other foreign distributor

and that the foreign distributor may agree to represent only GBW and

GHC in the Export Markets and none of GBW and GHC competitors.);

8. Conduct product and packaging research and development

exclusively for export in order to meet foreign regulatory

requirements, foreign buyer specifications, and foreign consumer


9. Negotiate and enter into agreements with governments and other

foreign persons regarding non-tariff barriers in Export Markets;

10. Advise and cooperate with the United States Government in

establishing procedures regulating the export of the Products;

11. Participate in negotiations and enter into agreements with

foreign buyers (including governments and private persons) regarding

fumigating, packing and other quality control and/or phytosanitary

procedures, and/or funding requirements to be followed in the export of

the Products. Such procedures may include activities related to insect

and disease detection, certification, inspection, storage and treatment

protocols required to qualify Products for export and to meet the

import requirements of the foreign government. GBW and/or its Members

may establish and operate fumigation facilities for use in the export

of the Products;

12. Negotiate or enter into purchase agreements with buyers in

Export Markets regarding terms and conditions of sales;

13. Broker or take title to Products and research data intended for

Export Markets;

14. Jointly undertake the administrative tasks of processing export


15. Engage in joint promotional activities (such as advertising or

trade shows) for developing existing or new markets;

16. Procure, negotiate, contract, and administer transportation

services for Products in the course of export, including overseas

freight transportation, inland freight transportation from portal to

embarkment, leasing of transportation equipment and facilities,

storing/warehousing, stevedoring, wharfage, handling, insurance,

freight forwarder services;

17. Arrange for trade documentation, services, customs clearance,

financial instruments, and foreign exchange;

18. Compile and discuss information regarding expenses specific to

exporting the Products to and within the Export Markets, including

without limitation, all modes of transportation, port storage, export

sales, commissions, documentation, duties and taxes;

[[Page 8388]]

19. Operate and establish jointly owned subsidiaries or other joint

venture entities, owned exclusively by GBW and/or its Members, to

export Products to Export Markets; operate warranty, service, and

training centers in Export Markets; and to provide Export Trade

Facilitation Services to Members and nonmember suppliers of Products.

Member and nonmember Wisconsin suppliers may ship Products through GHC;

20. Require the licensing of and license any intellectual property

resulting from the research conducted by the GRIA. The use of this

research data in conjunction with the sale of Products shall be

determined by negotiations between the export customer, GBW and GRIA;

21. Arrange financing through private and public financial


22. Bill and collect monies from foreign buyers; perform or arrange

for all legal and financial services in relation to Export Trade

Activities and Methods of Operation;

23. Require the use of the Wisconsin Ginseng Seal for Products sold

in the Export Markets;

24. Provide marketing and/or health benefit research data to

customers, distributors and other export trade intermediaries in the

Export Markets for use in promotion of Products, and enter into

licensing arrangements of such data with export trade intermediaries

and buyers in the Export Markets;

25. Wisconsin Ginseng Seal: GBW and/or its Members can require that

the seal emblem only be used to identify and signify that the product

is grown in United States--Wisconsin and contains 100% pure Wisconsin


26. Negotiate and enter into agreements with governments and

foreign persons to develop counter-trade arrangements, provided that

this Certificate does not protect any conduct related to the sale of

goods in the U.S. that are imported as part of any counter trade


27. Apply for and utilize applicable export assistance and

incentive programs available within governmental sectors;

28. Open, operate and staff overseas sales and distribution offices

to facilitate the sales and distribution of Products to and within

Export Markets; and

29. Exchange information as necessary to carry out Export Trade

Activities and Methods of Operation between GBW, GRIA, GHC and other

entities. Bring together from time to time GBW, its Members, and export

trade intermediaries in the Export Markets to discuss and plan how to

fulfill the Product, Service, and/or Technology requirements of

specific export customers or Export Markets.

Dated: January 26, 2001.

Vanessa M. Bachman,

Acting Director, Office of Export Trading Company Affairs.

[FR Doc. 01-2674 Filed 1-30-01; 8:45 am]


Last Updated: 8/25/15 5:46 PM

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