[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Notices]
[Pages 67911-67912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23403]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 07-00005]


Export Trade Certificate of Review

ACTION: Notice of application for an Export Trade Certificate of Review 
from XCC EXPORTZ INC.

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SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade 
Administration, Department of Commerce, has received an application for 
an Export Trade Certificate of Review (``Certificate''). 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 Anspacher, Director, Export 
Trading Company Affairs, International Trade Administration, by 
telephone at (202) 482-5131 (this is not a toll-free number) or 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

[[Page 67912]]

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: Export Trading Company Affairs, 
International Trade Administration, U.S. Department of Commerce, Room 
7021-X H, 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 07-00005.'' A 
summary of the application follows.
    Summary of the Application:
    Applicant: XCC EXPORTZ INC. (``XCC''), 8511 Rancho del Oro Pl. NE., 
Albuquerque, NM 87113.
    Contact: Mr. Sergio Barada, President, Telephone: (505) 205-0311.
    Application No.: 07-00005.
    Date Deemed Submitted: November 19, 2007.
    Members (in addition to applicant): None.
    XCC 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 include 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; 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 the provision of Export Trade Facilitation 
Services, XCC, subject to the terms and conditions listed below, may:
    a. Provide and arrange for the provision 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. XCC and individual Suppliers may regularly exchange information 
on an individual 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 
XCC with its distributors in Export Markets.

Terms and Conditions of Certificate

    1. XCC, 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. XCC 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 
Products, Services, and/or Technology Rights.

    Dated: November 28, 2007.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
 [FR Doc. E7-23403 Filed 11-30-07; 8:45 am]
BILLING CODE 3510-DR-P