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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 3, 2004 (Volume 69, Number 42)]
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: Jeffrey C. Anspacher, 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 firstname.lastname@example.org.
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
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: Office of Export Trading Company
Affairs, International Trade Administration, Department of Commerce,
Room 1104H, 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 04-00001.''
A summary of the application follows.
Summary of the Application
Applicant: Gold Star Exporters Ltd., 405 V E Washington Street,
Lake Charles, Louisiana 70601.
Contact: Brenda J. Charles, President/CEO.
Telephone: (337) 433-5980.
Application No.: 04-00001.
Date Deemed Submitted: February 19, 2004.
Members (in addition to applicant): None.
Gold Star Exporters Ltd. seeks a Certificate to cover the following
specific Export Trade, Export Markets, and Export Trade Activities and
Methods of Operations.
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.
Manner of goods and services will be obtained or provided by
sourcing products by acting as producers' export arm earning
commissions and/or taking title to products and services, then
exporting on our own account along multiple or single product or
service lines. The firm will also represent competing producers of
products and services in markets where product lines are complementary
and appeal to the same customers.
Prices and quantities will be set based on each transaction for our
own accounts, or long-term sales and quantity agreements set by
producer or foreign retailer/distributor.
Gold Star Exporters Ltd. will employ basic trade arrangements and
more sophisticated ones, such as counter-trade, quantity price breaks,
discounts for cash deals, cash-down payments, guaranteed loans, low-
interest loans, time payments, and home factory trips for training.
Care will be taken to avoid corrupt practices by making sure
everything is in the contract and priced.
Exchange of sensitive business information will be done only when
permitted and agreed to by all parties involved, provided that the
product or service lines are complementary and appeal to the same
customers. Brand names will not be used unless an agreement or
arrangement to protect the privacy of producers' sensitive business
information has been reached.
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
With respect to the sale of Products and Services, licensing of
Technology Rights and provisions of Export Trade Facilitation Services,
Gold Star Exporters Ltd. may:
1. Sales Prices: Establish sale prices, minimum sale prices, target
sale prices and/or minimum target sale prices, and other terms of sale
in Export Markets for Products, Services, Technology Rights and/or
2. Marketing and Distribution: Conduct marketing and distribution
of Products, Services, Technology Rights, and Licensing in Export
Markets. Collect the information on trade opportunities in the Export
Markets and distribute such information to clients, suppliers, and
3. Promotion: Conduct promotion of Products, Services, Technology
Rights and Licensing;
4. Quantities: Set quantities of Products, Services, Technology
Rights, and Licensing to be sold based on needs in the Export Markets
and on information from in-country and domestic sources;
5. Market and Customer Allocation: Allocate geographic areas or
countries in Export Markets and/or customers in Export Markets among
suppliers, distributors and/or sales representatives for the sale and/
or distribution of Products, Services, Technology Rights, and/or
6. Refusals to Deal: Refuse to quote prices for Products, Services,
Technology Rights and/or Licensing to or for any customers in the
Export Markets, or any countries or geographical areas in the Export
7. Exclusive and Non-Exclusive Intermediaries: Enter into exclusive
and non-exclusive agreements appointing one or more export
intermediaries for the distribution of Products, Services, Technology
Rights and Licensing with price, quantity, territorial and/or customer
restrictions as provided above;
8. Exclusive and Non-Exclusive Suppliers: Enter into exclusive and/
or non-exclusive agreements for the export of Products, Services,
Technology Rights and Licensing with price, quantity, territorial and/
or customer restrictions as provided above;
9. Order Allocation: Allocate export orders among suppliers;
10. Negotiation of Agreements: Negotiate, enter into, and/or manage
licensing agreements for the export of Technology Rights;
11. Shipping: Enter into contracts for shipping;
12. Information Exchange: Exchange information on a one-on-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.
Confidential data is private and owned by each party of a transaction.
13. Gold Star Exporters Ltd. and its Suppliers and Export
Intermediaries may exchange and discuss information on the following:
(a) Information about sales and marketing efforts for the Export
Markets, activities and opportunities for sales of Products, Services,
Technology Rights and Licensing in the Export Markets; selling
strategies for the Export Markets, contract and spot pricing in the
Export Markets; projected demands in Export Markets for Products,
Services, prices and availability of Products, Services, Technology
Rights, and Licensing from competitors for sale in the Export Markets;
and specifications for Products, Services, Technology Rights, Licensing
by customers in the Export Markets;
(b) Information about the price, quality, quantity, source, and
delivery dates of Products, Services, Technology Rights, and Licensing
available to export;
(c) Information about terms and conditions of contract for sale in
the Export Markets to consider and/or bid on by Gold Star Exporters
Ltd. and its suppliers and Export Intermediaries;
(d) Information about joint bidding or selling arrangements for the
Export Markets and allocations of sales resulting from such
arrangements among Suppliers;
(e) Information about expenses specific to exporting to and within
the Export Markets, including without limitation, transportation,
trans- or intermodal shipments, insurance, inland freight to port, port
storage, commissions, export sales, documentation, financing, customs
duties and taxes;
(f) Information about United States and foreign legislation and
regulations, including federal marketing order programs affecting the
(g) Information about Gold Star Exporters Ltd. export operations,
including without limitation, sales and distribution networks
established by Gold Star Exporters Ltd. and prior export sales by Gold
Star Exporters Ltd. (including export price information); and
(h) Information about export customer credit terms and credit
1. ``Supplier'' means a person who produces, provides, or sells a
Product and/or Service.
2. ``Export Intermediaries'' means a person who acts as
distributor, sales representative, sales or marketing agent, or broker,
or who performs similar functions, including providing, or arranging
for the provision of, Export Trade Facilitation Services.
Dated: March 26, 2004.
Jeffrey C. Anspacher,
Director, Office of Export Trading, Company Affairs.
[FR Doc. 04-4754 Filed 3-2-04; 8:45 am]
BILLING CODE 3510-DR-P