[Federal Register Volume 69, Number 104 (Friday, May 28, 2004)]
[Notices]
[Pages 30619-30620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12143]


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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. 04-00001.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to Gold Star Exporters Ltd. (``GOLD STAR''). This 
notice summarizes the conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey 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 (2004).
    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

    GOLD STAR may:
    1. 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 of 
Technology Rights;
    2. 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 export clients, Suppliers, and export 
intermediaries;
    3. Conduct promotion of Products, Services, Technology Rights and 
licensing;
    4. 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. 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. 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. 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. 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. Allocate export orders among Suppliers;
    10. Negotiate, enter into, and/or manage exclusive and non-
exclusive licensing agreements for the export of Technology Rights;
    11. Enter into contracts for exclusive non-exclusive shipping;
    12. 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 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 and 
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, and 
licensing by customers in the Export Markets;
    (b) Information about the price, quality, quantity, source, and 
delivery

[[Page 30620]]

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, 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;
    (f) Information about United States and foreign legislation and 
regulations, including federal marketing order programs affecting the 
Export Markets;
    (g) Information about GOLD STAR export operations, including 
without limitation, sales and distribution networks established by GOLD 
STAR and prior export sales by GOLD STAR (including export price 
information); and
    (h) Information about export customer credit terms and credit 
history.

Terms and Conditions of Certificate

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

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 GOLD STAR 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 GOLD STAR 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 GOLD STAR (b) the legality of such business plans of 
GOLD STAR 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.
    Effective Date: May 17, 2004.

    Dated: May 25, 2004.
Jeffrey Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 04-12143 Filed 5-27-04; 8:45 am]
BILLING CODE 3510-DR-P