[Federal Register Volume 72, Number 199 (Tuesday, October 16, 2007)]
[Notices]
[Pages 58646-58647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20307]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 07-00001.

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SUMMARY: On October 10, 2007, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to East International Holdings, LLC 
(``EIH''). 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 (2006).
    Export Trading Company Affairs (``ETCA'') is issuing this notice 
pursuant to 15 CFR 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 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, 
EIH 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.

[[Page 58647]]

    2. EIH and its individual Suppliers may regularly exchange 
information on a one-on-one basis regarding that Supplier's inventories 
and near-term production schedules so EIH may determined the 
availability of Products for export and effectively coordinated with 
its distributors in Export Markets.

Terms and Conditions of Certificate

    1. EIH, including its officers, employees or agents, shall not 
intentionally disclose, directly or indirectly, to any Supplier 
(including parent companies, subsidiaries, or other entities related to 
any Supplier) any information about any other Supplier's costs, 
production, capacity, inventories, domestic prices, domestic sales, 
terms of domestic marketing or sale, or U.S. business plans, 
strategies, or methods unless such information is already generally 
available to the trade or public.
    2. EIH will comply with requests made by the Secretary of Commerce 
on behalf of the Secretary 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 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 a 
Product and/or Services.

Protection Provided by Certificate

    This Certificate protects EIH 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 EIH 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 EIH 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 the Attorney 
General concerning either (a) the viability or quality of the business 
plans of EIH or its Members or (b) the legality of such business plans 
of EIH or its Members 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: October 10, 2007.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
 [FR Doc. E7-20307 Filed 10-15-07; 8:45 am]
BILLING CODE 3510-DR-P