[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Notices]
[Pages 76275-76276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21726]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 06-00002.

-----------------------------------------------------------------------

SUMMARY: On December 14, 2006, the U.S. Department of Commerce issued 
an Export Trade Certificate of Review to Darah Thomas doing business as 
Necole Shannon Global Export Services (``NSGES''). This notice 
summarizes the conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, 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 (2005).
    Export Trading Company Affairs (``ETCA'') is issuing this notice 
pursuant to 15 CFR section 325.6(b), which requires the U.S. Department 
of Commerce to publish a summary of the certification in the Federal 
Register. Under Section 305(a) of the Act and 15 CFR section 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 in the areas of government relations and 
assistance with state and federal programs; foreign trade and business 
protocol; consulting; market research and analysis; collection of 
information on trade opportunities; marketing; negotiations; joint 
ventures; shipping; 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 facilitating 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

    1. With respect to the sale of Products and Services, licensing of 
Technology Rights, and provision of Export Trade Facilitation Services, 
NSGES, subject to the terms and conditions listed below, may:
    a. Provide and/or arrange for the provisions of Export Trade 
Facilitation Services;
    b. Engage in promotional and marketing activities and collect 
information on trade opportunities in the Export Markets and distribute 
such information to clients;
    c. Enter into exclusive and/or non-exclusive licensing and/or sales 
agreements with Suppliers for the export of Products, Services, and/or 
Technology Rights to Export Markets;
    d. Enter into exclusive and/or non-exclusive agreements with 
distributors and/or sales representatives in Export Markets;
    e. Allocate export sales or divide Export Markets among Suppliers 
for the sale and/or licensing of Products, Services, and/or Technology 
Rights;
    f. Allocate export orders among Suppliers;
    g. Establish the price of Products, Services, and/or Technology 
Rights for sales and/or licensing in Export Markets;
    h. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights; and
    i. Enter into contracts for shipping.
    2. NSGES and individual Suppliers may regularly exchange 
information on a one-on-one basis regarding that Supplier's inventories 
and near-term production schedules in order that the availability of 
Products for export can be determined and effectively coordinated by 
NSGES with its distributors in Export Markets.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
NSGES 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. NSGES will comply with requests made by the Secretary of 
Commerce on behalf of the Secretary of Commerce or

[[Page 76276]]

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

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

Protection Provided by Certificate

    This Certificate protects NSGES 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 NSGES 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 NSGES 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 of Commerce or 
by the Attorney General concerning either (a) the viability or quality 
of the business plans of NSGES or (b) the legality of such business 
plans of NSGES 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 Certificates of Review (Second Edition),'' 
50 FR 1786 (January 11, 1985).
    A copy of the certificate will be kept in the International Trade 
Administration's Freedom of Information Records Inspection Facility, 
Room 4100, U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230.

    Dated: December 14, 2006.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E6-21726 Filed 12-19-06; 8:45 am]
BILLING CODE 3510-DR-P