[Federal Register Volume 60, Number 149 (Thursday, August 3, 1995)]
[Notices]
[Pages 39711-39712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19080]



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DEPARTMENT OF COMMERCE

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 95-00001.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to VINEX International, Inc. This notice 
summarizes the conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT:W. Dawn Busby, Director, Office of 
Export Trading Company Affairs, International Trade Administration, 
202-482-5131. This is not a toll-free number.

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. The regulations implementing 
Title III are found at 15 CFR part 325 (1993).
    The Office of Export Trading Company Affairs (``OETCA'') is issuing 
this notice pursuant to 15 CFR 325.6(b), which requires the Department 
of Commerce to publish a summary of a Certificate in the Federal 
Register. Under Section 305 (a) of the Act and 15 CFR 325.11(a), any 
person aggrieved by the Secretary's determination may, within 30 days 
of the date of this notice, bring an action in any appropriate district 
court of the United States to set aside the determination on the ground 
that the determination is erroneous.

Description of Certified Conduct

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 
Services.
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 
associations.

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, 

[[Page 39712]]
the Commonwealth of the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands.)

Export Trade Activities and Methods of Operation

    To engage in Export Trade in the Export Markets as an Export 
Intermediary, VINEX International, Inc. may:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotional and marketing activities and collect 
information on trade opportunities in the Export Markets and distribute 
such information to clients;
    3. Enter into exclusive and/or non-exclusive licensing and/or sales 
agreements with Suppliers for the export of Products, Services, and/or 
Technology Rights in Export Markets;
    4. Enter into exclusive and/or non-exclusive agreements with 
distributors and/or sales representatives in Export Markets;
    5. Allocate export sales or divide Export Markets among suppliers 
for the sale or divide Export Markets among suppliers for the sale and/
or licensing of products, services, and/or Technology Rights;
    6. Allocate export orders among suppliers;
    7. Establish the price of Products, Services, and/or Technology 
Rights for sale and/or licensing in Export Markets;
    8. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights;
    9. Enter into contracts for shipping; and
    10. 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 exports with distributors.

Terms and Conditions of Certificate

    1. In engaging in the above Export Trade Activities and Methods of 
Operation, VINEX International, Inc. 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. VINEX International, Inc. will comply with requests made by the 
Secretary of Commerce on behalf of the Secretary of Commerce 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.

Definitions

    1. ``Export Intermediary'' means a person who acts as a 
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.
    2. ``Supplier'' means a person who produces, provides, or sells a 
Product and/or Service.
    3. ``Technology Rights: means such things as, but not limited to, 
patents, trademarks, copyrights and trade secrets that relate to 
Products and Services.

Protection Provided by the Certificate

    This Certificate protects VINEX International, Inc. and his 
employees acting on its behalf from private treble damage actions and 
government criminal and civil suits under U.S. federal and state 
antitrust laws for the export conduct specified in the Certificate and 
carried out during its effective period in compliance with its terms 
and conditions.

Effective Period of Certificate

    This Certificate continues in effect from the effective date 
indicated below until it is relinquished, modified, or revoked as 
provided in the Act and the Regulations.

Other Conduct

    Nothing in this Certificate prohibits VINEX International, Inc. 
from engaging in conduct not specified in this Certificate, but such 
conduct is subject to the normal application of the antitrust laws.

Disclaimer

    The issuance of this Certificate of Review to VINEX International, 
Inc. by the Secretary of Commerce with the concurrence of the Attorney 
General under the provisions of the Act does not constitute, explicitly 
or implicitly, an endorsement or opinion by the Secretary or by the 
Attorney General concerning either (a) the viability or quality of the 
business plans of VINEX International, Inc. (b) the legality of such 
business plans of VINEX International, Inc. (other than provided by the 
Act) or under the laws of any foreign country. The application of this 
Certificate to conduct in export trade where the United States 
Government is the buyer or where the United States Government bears 
more than half the cost of the transaction is subject to the 
limitations set forth in Section V. (D.) of the ``Guidelines for the 
Issuance of Export Trade Certificates of Review (Second Edition)'', 50 
FR 1786 (January 11, 1985).
    A copy of this certificate will be kept in the International Trade 
Administration's Freedom of Information Records Inspection Facility 
Room 4102, U.S. Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, D.C. 20230.

    Effective Date: July 25, 1995.

    Dated: July 28, 1995.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 95-19080 Filed 8-2-95; 8:45 am]
BILLING CODE 3510-DR-P