[Federal Register Volume 61, Number 226 (Thursday, November 21, 1996)]
[Notices]
[Pages 59217-59218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29761]


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DEPARTMENT OF COMMERCE
International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of issuance of an export trade certificate of review, 
application No. 96-00005.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to Spirit Index, Ltd. 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.


[[Page 59218]]


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 (1995).
    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, 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; documentation and services related to compliance with 
customs requirements; insurance and financing; bonding; warehousing; 
export trade promotion; 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, the Commonwealth of the Northern Mariana Islands, and the 
Trust Territory of the Pacific Islands).

Export Trade Activities and Methods of Operation

    Spirit Index, Ltd. may:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotion and marketing activities and collect and 
distribute information on trade opportunities in the Export Market;
    3. Enter into exclusive and/or non-exclusive agreements with 
distributors, foreign buyers, and/or sales representatives in Export 
Markets;
    4. Enter into exclusive or non-exclusive licensing, and/or sales 
agreements with Suppliers, Export Intermediaries, or other persons for 
the transfer of title to Products, Services, and/or Technology Rights 
in Export Markets;
    5. Enter into exclusive or non-exclusive pricing and/or consignment 
agreements for the sale and shipment of Products and Services to Export 
Markets;
    6. Allocate the sales, export orders and/or divide Export Markets, 
among Suppliers, Export Intermediaries, or other persons for the sale, 
licensing and/or transfer of title to Products, Services, and/or 
Technology Rights;
    7. Enter into exclusive or non-exclusive agreements for the pooling 
of tangible property and other resources, the tying of Products and 
Services, the setting of prices, and/or the distribution, shipping or 
handling of Products or Services in the Export Markets; and
    8. Enter into agreements to invest in overseas warehouses for the 
purpose of storing exported Products until transferred to the foreign 
purchaser, or to invest in overseas facilities for the purpose of 
making minor product or packaging modifications necessary to insure 
compatibility of the Product with the requirements of the foreign 
market.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
Spirit Index, Ltd. 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. Spirit Index, Ltd. 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.
    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, DC 20230.

    Dated: November 15, 1996.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 96-29761 Filed 11-20-96; 8:45 am]
BILLING CODE 3510-DR-P