[Federal Register Volume 66, Number 134 (Thursday, July 12, 2001)]
[Notices]
[Pages 36560-36561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17447]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of application.

-----------------------------------------------------------------------

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. This 
notice summarizes the conduct for which certification is sought and 
requests comments relevant to whether the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Vanessa M. Bachman, 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. A Certificate of Review 
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, DC 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 01-00004.'' 
A summary of the application follows.

Summary of the Application

    Applicant: International Trading Group, LLC (``ITG''), 300 E. 
Lombard Street, Baltimore, Maryland 21202.
    Contact: Kathy L. Ducassou, President and Chief Operating Officer.
    Telephone: (410) 466-8114.
    Application No.: 01-00004.
    Date Deemed Submitted: June 29, 2001.
    Members (in addition to applicant): None.
    ITG 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.
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; marketing research 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;

[[Page 36561]]

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). The proposed Export Trade 
Certificate of Review would extend antitrust protection to ITG to 
conduct the following export trade activities:
    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 sales agreements with 
Suppliers, Export Intermediaries, or other persons for the sale of 
Products and Services in Export Markets;
    5. Enter into exclusive or non-exclusive agreements with Suppliers, 
Export Intermediaries, or other persons for licensing Technology Rights 
in Export Markets;
    6. Allocate sales, export orders and/or divide Export Markets among 
Suppliers, Export Intermediaries, or other persons for the sale 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; and
    10. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
ITG 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. ITG 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.

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.

    Dated: July 9, 2001.
Vanessa M. Bachman,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 01-17447 Filed 7-11-01; 8:45 am]
BILLING CODE 3510-DR-U