[Federal Register Volume 73, Number 64 (Wednesday, April 2, 2008)]
[Notices]
[Pages 17951-17952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6822]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00003]


Export Trade Certificate of Review

ACTION: Notice of Application for an Export Trade Certificate of Review 
from Agla Trade Link International.

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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 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, 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 08-00003.'' A 
summary of the application follows.

Summary of the Application

    Applicant: Agla Trade Link International, 193 Cooper Beech Glen 
1, Hercules, CA 94547.
    Contact: Mr. Roger Ditta, Telephone: (510) 776-7448.
    Application No.: 08-00003.
    Date Deemed Submitted: March 20, 2008.

[[Page 17952]]

    Members (in addition to applicant): None.
    Agla Trade Link International 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, Agla Trade Link International, 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. Agla Trade Link International 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 Agla Trade Link International 
with its distributors in Export Markets.

Terms and Conditions of Certificate

    1. Agla Trade Link International, 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. Agla Trade Link International, 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: March 27, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-6822 Filed 4-1-08; 8:45 am]
BILLING CODE 3510-DR-P