[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Notices]
[Pages 52293-52294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25217]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of Application.

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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 
(``Certificate''). This notice summarizes the proposed Certificate and 
requests comments relevant to whether the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Morton Schnabel, 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) (the ``Act'') authorizes the Secretary of 
Commerce to issue Export Trade Certificates of Review. A Certificate 
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 Act 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 copies, plus two 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, D.C. 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 99-00004.''
    Summary of the Application: Applicant: USXT, Inc. (``USXT''), 9836 
Remer Street, S. El Monte, CA 91733.
    Contact: Sharleen Maldonado.
    Telephone: (916) 568-6309.
    Application No.: 99-00004.
    Date Deemed Submitted: September 21, 1999.
    Members (in addition to applicant): None.
    The applicant has requested an expedited review.
    USXT seeks a Certificate to cover the following specific Export 
Trade, Export Markets, and Export Trade Activities and Methods of 
Operations.

Export Trade

1. Products

    All Products, including, but not limited to U.S. coal; water 
treatment equipment, solid and medical waste treatment equipment, and 
other environmental-related products; food processing equipment, 
commodities and livestock; and educational materials and systems.

2. Services

    All Services, including, but not limited to general management 
services, engineering services, pollution abatement services, and other 
services related to the Products.

3. Technology Rights

    All intellectual property rights associated with Products or 
Services, including, but not limited to: patents, trademarks, service 
marks, trade names, copyrights, neighboring (related rights, trade 
secrets, know-how, and sui generis forms of protection for databases 
and computer programs.

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; grantsmanship; documentation and services related to 
compliance with customs requirements;

[[Page 52294]]

insurance and financing; bonding; warehousing; export trade promotion; 
trade show exhibitions and organization; 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

    USXT 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 Mexico, Latin America, 
and all other Export Markets;
    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 sales agreements with 
suppliers, export intermediaries, or other persons for the sale of 
Products and Services;
    5. Enter into exclusive or non-exclusive licensing agreements with 
suppliers, export intermediaries, or other persons for licensing 
Technology Rights in Export Markets;
    6. Allocate the sales, export orders and/or divide Export Markets 
among suppliers, export intermediaries, or other persons for the sale 
and maintenance of Products and Services;
    7. Allocate the licensing of Technology Rights among Suppliers, 
export intermediaries, or other persons;
    8. Establish the price of Products and Services for sale in Export 
Markets;
    9. Establish the fee for licensing of Technology Rights in Export 
Markets, as well as maintenance and financing commitments;
    10. Negotiate, enter into, and/or manage licensing agreements and 
long-term purchase arrangements involving the export of Technology;
    11. Provide extensive intergovernmental services to facilitate the 
grants and funding involvement of public and nongovernmental funding 
sources for private sector benefits in terms of export activity for 
goods and services.

    Dated: September 22, 1999.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 99-25217 Filed 9-27-99; 8:45 am]
BILLING CODE 3510-DR-P