[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Notices]
[Pages 9998-10000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4754]


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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 by 
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 04-00001.'' 
A summary of the application follows.

Summary of the Application

    Applicant: Gold Star Exporters Ltd., 405 V E Washington Street, 
Lake Charles, Louisiana 70601.
    Contact: Brenda J. Charles, President/CEO.
    Telephone: (337) 433-5980.
    Application No.: 04-00001.
    Date Deemed Submitted: February 19, 2004.
    Members (in addition to applicant): None.
    Gold Star Exporters Ltd. 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; export licensing; advertising; documentation and 
services related to compliance with customs requirements; insurance and 
financing; trade show exhibitions; organizational

[[Page 9999]]

development; management and labor strategies; transfer of technology; 
transportation services; and the formation of shippers' associations.
    Manner of goods and services will be obtained or provided by 
sourcing products by acting as producers' export arm earning 
commissions and/or taking title to products and services, then 
exporting on our own account along multiple or single product or 
service lines. The firm will also represent competing producers of 
products and services in markets where product lines are complementary 
and appeal to the same customers.
    Prices and quantities will be set based on each transaction for our 
own accounts, or long-term sales and quantity agreements set by 
producer or foreign retailer/distributor.
    Gold Star Exporters Ltd. will employ basic trade arrangements and 
more sophisticated ones, such as counter-trade, quantity price breaks, 
discounts for cash deals, cash-down payments, guaranteed loans, low-
interest loans, time payments, and home factory trips for training.
    Care will be taken to avoid corrupt practices by making sure 
everything is in the contract and priced.
    Exchange of sensitive business information will be done only when 
permitted and agreed to by all parties involved, provided that the 
product or service lines are complementary and appeal to the same 
customers. Brand names will not be used unless an agreement or 
arrangement to protect the privacy of producers' sensitive business 
information has been reached.

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, 
Gold Star Exporters Ltd. may:
    1. Sales Prices: Establish sale prices, minimum sale prices, target 
sale prices and/or minimum target sale prices, and other terms of sale 
in Export Markets for Products, Services, Technology Rights and/or 
Licensing;
    2. Marketing and Distribution: Conduct marketing and distribution 
of Products, Services, Technology Rights, and Licensing in Export 
Markets. Collect the information on trade opportunities in the Export 
Markets and distribute such information to clients, suppliers, and 
export intermediaries;
    3. Promotion: Conduct promotion of Products, Services, Technology 
Rights and Licensing;
    4. Quantities: Set quantities of Products, Services, Technology 
Rights, and Licensing to be sold based on needs in the Export Markets 
and on information from in-country and domestic sources;
    5. Market and Customer Allocation: Allocate geographic areas or 
countries in Export Markets and/or customers in Export Markets among 
suppliers, distributors and/or sales representatives for the sale and/
or distribution of Products, Services, Technology Rights, and/or 
Licensing;
    6. Refusals to Deal: Refuse to quote prices for Products, Services, 
Technology Rights and/or Licensing to or for any customers in the 
Export Markets, or any countries or geographical areas in the Export 
Markets;
    7. Exclusive and Non-Exclusive Intermediaries: Enter into exclusive 
and non-exclusive agreements appointing one or more export 
intermediaries for the distribution of Products, Services, Technology 
Rights and Licensing with price, quantity, territorial and/or customer 
restrictions as provided above;
    8. Exclusive and Non-Exclusive Suppliers: Enter into exclusive and/
or non-exclusive agreements for the export of Products, Services, 
Technology Rights and Licensing with price, quantity, territorial and/
or customer restrictions as provided above;
    9. Order Allocation: Allocate export orders among suppliers;
    10. Negotiation of Agreements: Negotiate, enter into, and/or manage 
licensing agreements for the export of Technology Rights;
    11. Shipping: Enter into contracts for shipping;
    12. Information Exchange: 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. 
Confidential data is private and owned by each party of a transaction.
    13. Gold Star Exporters Ltd. and its Suppliers and Export 
Intermediaries may exchange and discuss information on the following:
    (a) Information about sales and marketing efforts for the Export 
Markets, activities and opportunities for sales of Products, Services, 
Technology Rights and Licensing in the Export Markets; selling 
strategies for the Export Markets, contract and spot pricing in the 
Export Markets; projected demands in Export Markets for Products, 
Services, prices and availability of Products, Services, Technology 
Rights, and Licensing from competitors for sale in the Export Markets; 
and specifications for Products, Services, Technology Rights, Licensing 
by customers in the Export Markets;
    (b) Information about the price, quality, quantity, source, and 
delivery dates of Products, Services, Technology Rights, and Licensing 
available to export;
    (c) Information about terms and conditions of contract for sale in 
the Export Markets to consider and/or bid on by Gold Star Exporters 
Ltd. and its suppliers and Export Intermediaries;
    (d) Information about joint bidding or selling arrangements for the 
Export Markets and allocations of sales resulting from such 
arrangements among Suppliers;
    (e) Information about expenses specific to exporting to and within 
the Export Markets, including without limitation, transportation, 
trans- or intermodal shipments, insurance, inland freight to port, port 
storage, commissions, export sales, documentation, financing, customs 
duties and taxes;
    (f) Information about United States and foreign legislation and 
regulations, including federal marketing order programs affecting the 
Export Markets;
    (g) Information about Gold Star Exporters Ltd. export operations, 
including without limitation, sales and distribution networks 
established by Gold Star Exporters Ltd. and prior export sales by Gold 
Star Exporters Ltd. (including export price information); and
    (h) Information about export customer credit terms and credit 
history.

Definitions

    1. ``Supplier'' means a person who produces, provides, or sells a 
Product and/or Service.
    2. ``Export Intermediaries'' means a person who acts as 
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.


[[Page 10000]]


    Dated: March 26, 2004.
Jeffrey C. Anspacher,
Director, Office of Export Trading, Company Affairs.
[FR Doc. 04-4754 Filed 3-2-04; 8:45 am]
BILLING CODE 3510-DR-P