[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