[Federal Register Volume 67, Number 13 (Friday, January 18, 2002)]
[Notices]
[Pages 2637-2638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1295]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

AGENCY: International Trade Administration, Commerce.

ACTION: Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 01-00005.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to Vinex International, Inc. (``VINEX''). This 
notice summarizes the conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Vanessa Bachman, Acting Director 
Office of Export Trading Company Affairs, International Trade 
Administration, by telephone at (202) 482-5131 (this is not a toll-free 
number), or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. sections 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 (2000). 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 the 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 and assistance relating to: Government relations; 
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; trade show exhibitions; organizational development; 
management and labor strategies; transfer of technology; transportation 
services; and 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

    VINEX may:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotional and marketing activities and collect 
information on trade opportunities in the Export Markets and distribute 
such information to clients;
    3. Enter into exclusive and/or non-exclusive licensing and/or sales 
agreements with Suppliers for the export of Products, Services, and/or 
Technology Rights in Export Markets;
    4. Enter into exclusive and/or non-exclusive agreements with 
distributors and/or sales representatives in Export Markets;
    5. Allocate export sales or divide Export Markets among Suppliers 
for the sale and/or licensing of Products, Services, and/or Technology 
Rights;
    6. Allocate export orders among Suppliers;
    7. Establish the price of Products, Services, and/or Technology 
Rights for sale and/or licensing in Export Markets;
    8. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights;
    9. Enter into contracts for shipping; and
    10. Exchange information on a one-to-one basis with individual 
Suppliers regarding inventories and near-term production schedules for 
the purpose of determining the availability of products for export and 
coordinating export with distributors.

[[Page 2638]]

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
VINEX 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. VINEX 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. ``Supplier'' means a person who produces, provides, or sells 
Products, Services and/or Technology Rights.

Protection Provided by the Certificate

    This Certificate protects VINEX and its 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.
    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: January 14, 2002.
Vanessa M. Bachman,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 02-1295 Filed 1-17-02; 8:45 am]
BILLING CODE 3510-DR-P