[Federal Register Volume 68, Number 37 (Tuesday, February 25, 2003)]
[Notices]
[Pages 8738-8739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4334]


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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. 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: Jeffrey C. Anspacher, Director, Office 
of Export Trading Company Affairs, International Trade Administration, 
by telephone at (202) 482-5131 (this is not a toll-free number) or E-
mail at [email protected].

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. An Export Trade 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 Export Trading Company 
Act of 1982 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 (5) copies, plus two (2) 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 03-00002.'' 
A summary of the application follows.

Summary of the Application

    Applicant: EXIM Services of North America, Inc., 530 Bellwood Park 
Road, Asbury, New Jersey 08802.
    Contact: Robert J. Loftin, President.
    Telephone: (908) 479-6670.
    Application No.: 03-00002.
    Date Deemed Submitted: February 7, 2003.
    Members (in addition to applicant): None.
    EXIM Services of North America, Inc. 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 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;

[[Page 8739]]

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

    With respect to the sale of Products and Services, licensing of 
Technology Rights and provisions of Export Trade Facilitation Services, 
EXIM Services of North America, Inc. 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 Market 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-on-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.

Definitions

    1. ``Supplier'' means a person who produces, provides, or sells a 
Product and/or Service.

    Dated: February 19, 2003.
Jeffrey C. Anspacher,
Director, Office of Export Trading, Company Affairs.
[FR Doc. 03-4334 Filed 2-24-03; 8:45 am]
BILLING CODE 3510-DR-P