[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