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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: December 3, 2007 (Volume 72, Number 231)]


[Page 67911-67912]

From the Federal Register Online via GPO Access []



International Trade Administration

[Application No. 07-00005]

Export Trade Certificate of Review

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


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


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


[[Page 67912]]

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 07-00005.'' A

summary of the application follows.

Summary of the Application:

Applicant: XCC EXPORTZ INC. (``XCC''), 8511 Rancho del Oro Pl. NE.,

Albuquerque, NM 87113.

Contact: Mr. Sergio Barada, President, Telephone: (505) 205-0311.

Application No.: 07-00005.

Date Deemed Submitted: November 19, 2007.

Members (in addition to applicant): None.

XCC seeks a Certificate to cover the following specific Export

Trade, Export Markets, and Export Trade Activities and Methods of


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


4. Export Trade Facilitation Services (as they relate to the export

of Products, Services, and Technology Rights)

Export Trade Facilitation Services include 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'


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

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

Technology Rights and the provision of Export Trade Facilitation

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

a. Provide and arrange for the provision of Export Trade

Facilitation Services;

b. Engage in promotional and marketing activities and collect

information on trade opportunities in the Export Markets and distribute

such information to clients;

c. 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;

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

distributors and/or sales representatives in Export Markets;

e. Allocate export sales or divide Export Markets among Suppliers

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


f. Allocate export orders among Suppliers;

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

Rights for sales and/or licensing in Export Markets;

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

the export of Technology Rights; and

i. Enter into contracts for shipping.

2. XCC and individual Suppliers may regularly exchange information

on an individual one-on-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

XCC with its distributors in Export Markets.

Terms and Conditions of Certificate

1. XCC, including its officers, employees or agents, shall not

intentionally disclose, directly or indirectly, to any Supplier

(including parent companies, subsidiaries, or other entities related to

any Supplier) any information about any other Supplier's costs,

production, capacity, inventories, domestic prices, domestic sales,

terms of domestic marketing or sale, or U.S. business plans,

strategies, or methods unless such information is already generally

available to the trade or public.

2. XCC 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 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.


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

Products, Services, and/or Technology Rights.

Dated: November 28, 2007.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

Last Updated: 8/25/15 4:39 PM

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