[Federal Register Volume 68, Number 91 (Monday, May 12, 2003)]
[Notices]
[Pages 25341-25342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11687]


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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. 03-00002.

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

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 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 (2001).
    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

    With respect to the sale of Products and Services, licensing of 
Technology Rights and provisions of Export Trade Facilitation Services 
EXIM 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;

[[Page 25342]]

    7. Establish the price of Products, Services, and/or Technology 
Rights for sales 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.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
EXIM 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 are not already generally 
available to the trade or public.
    2. EXIM 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.

Definition

    1. ``Supplier'' means a person who produces, provides, or sells 
Products, Services and/or Technology Rights.

Protection Provided by the Certificate

    This Certificate protects EXIM 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.

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.

Other Conduct

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

Disclaimer

    The issuance of this Certificate of Review to EXIM 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 
EXIM or (b) the legality of such business plans of EXIM 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 Certificate 
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, U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230.

    Dated: May 5, 2003.
Jeffrey C. Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 03-11687 Filed 5-9-03; 8:45 am]
BILLING CODE 3510-DR-P