[Federal Register Volume 64, Number 225 (Tuesday, November 23, 1999)]
[Notices]
[Pages 65681-65682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30548]


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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. 99-00004.

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

FOR FURTHER INFORMATION CONTACT: Morton Schnabel, Acting 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 (1997).
    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

I. 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

[[Page 65682]]

compliance with customs requirements; 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.

II. 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).

III. 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 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 in Export Markets 
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 
Rights;
    11. Facilitate the gathering of information and access to grants 
and funding from public and nongovernmental sources that may assist in 
the promotion of export activity for goods and services.

IV. Terms and Conditions of Certificate

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

V. 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 a Service.

VI. Protection Provided by the Certificate

    This Certificate protects USXT and its directors, officers, and 
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.

VII. 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.

VIII. Other Conduct

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

IX. Disclaimer

    The issuance of this Certificate to USXT 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 
USXT or (b) The legality of such business plans of USXT under the laws 
of the United States (other than as provided in 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, US Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, D.C. 20230.

    Dated: November 18, 1999.
Morton Schnabel,
Director Office of Export Trading Company Affairs.
[FR Doc. 99-30548 Filed 11-22-99; 8:45 am]
BILLING CODE 3510-DR-P