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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: March 23, 2000 (Volume 65, Number 57)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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: Morton Schnabel, Director, Office of
Export Trading Company Affairs, International Trade Administration,
(202) 482-5131 (this is not a toll-free number) or E-mail at
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
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, D.C. 20230, or transmit by E-mail at
firstname.lastname@example.org. 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 00-00001.'' A
summary of the application follows.
Summary of the Application
Applicant: North America Export Trading, LLC (``NAXT''), 28746
Calle Vista, Laguna Niguel, California 92677. Contact: Sharleen
Maldonado, President, Telephone: (562) 434-5408.
Application No.: 00-00001.
Date Deemed Submitted: March 13, 2000.
Members (in addition to applicant): None.
North America Export Trading, LLC seeks a Certificate to cover the
following specific Export Trade, Export Markets, and Export Trade
Activities and Methods of Operations.
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 in the
areas of government relations and assistance with 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; grantsmanship;
documentation and services related to compliance with customs
requirements; insurance and financing; bonding; warehousing; export
trade promotion; trade show exhibitions and organization;
organizational development; management and labor strategies; transfer
of technology; transportation; and facilitating the formation of
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 NAXT to conduct the following export trade
1. Provide and/or arrange for the provision of Export Trade
2. Engage in promotion and marketing activities and collect and
distribute information on trade opportunities in Mexico, Latin America,
and all other Export Markets allowable;
3. Enter into exclusive and/or non-exclusive agreements with
distributors, foreign buyers, and/or sales representatives in Export
4. Enter into exclusive or non-exclusive sales agreements with
Suppliers, Export Intermediaries, or other persons for the sale of
Products, and Services;
5. Enter into exclusive or non-exclusive licensing agreements with
Suppliers, Export Intermediaries, or other persons for licensing
Technology Rights in Export Markets;
6. Allocate export orders among Suppliers;
7. Allocate the sales, export order and/or divide Export Markets,
among Suppliers, Export Intermediaries, or other persons for the sale
and maintenance of Products and Services;
8. Allocate the licensing of Technology Rights among Suppliers,
Export Intermediaries, or other persons;
9. Establish the price of Products and Services for sale in Export
10. Establish the fee for licensing of Technology Rights in Export
Markets, as well as maintenance and financing commitments;
11. Negotiate, enter into, and/or manage licensing agreements and
long-term purchase arrangements involving the export of Technology;
12. Provide extensive intergovernmental services to facilitate the
grants and funding involvement of public and nongovernmental funding
sources for private sector benefits in term of export activity for
goods and services.
Dated: March 20, 2000.
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-7235 Filed 3-22-00; 8:45 am]
BILLING CODE 3510-DR-P