[Federal Register Volume 73, Number 76 (Friday, April 18, 2008)]
[Notices]
[Pages 21108-21110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8520]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00005]


Export Trade Certificate of Review

ACTION: Notice of Application for an Export Trade Certificate of Review 
From Redberri Global Corporation.

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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 
7021X, 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 08-00005.'' A 
summary of the application follows.

Summary of the Application

    Applicant: Redberri Global Corporation (``Redberri''), 3152 
Cherokee Street, Saint Louis, Missouri 63118.
    Contact: Dr. Deepak K. Vyas, Chief Executive Officer, Telephone: 
(314) 776-8927.
    Application No.: 08-00005.
    Date Deemed Submitted: April 7, 2008.
    Members (in addition to applicant): None.
    Redberri seeks a Certificate to cover the following specific Export 
Trade, Export Markets, and Export Trade Activities and Methods of 
Operations.

Export Trade

A. Products
    All Products, with emphasis on products that incorporate 
technologies

[[Page 21109]]

such as bio-technology, software, nanotechnology, telemedicine, and 
other related technologies.
B. Services
    All Services.
C. Technology Rights
    Technology rights, including, but not limited to, patents, 
trademarks, copyrights, and trade secrets, that relate to product and 
services.
D. 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; export trade negotiations; joint ventures; logistical 
support; 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; and 
transfer of technology.

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. Redberri, on its own behalf or on behalf of any or all of its 
clients may:
    a. Sales Prices: Establish sale prices, minimum sale prices, target 
sale prices and/or minimum target sale prices, and other terms of sale, 
in the Export Markets;
    b. Marketing and Distribution: Conduct marketing and distribution 
of Products in the Export Markets.
    c. Promotion: Conduct promotion of Products, Services, and 
Technology Rights in the Export Markets;
    d. Quantities: Agree on quantities of Products to be sold, provided 
that each client shall be required to dedicate only such quantity or 
quantities as each such client shall independently determine.
    e. Market and Customer Allocation: Allocate geographic areas or 
countries in the Export Markets and/or customers in the Export Markets;
    f. Refusals to Deal: Refuse to quote prices for Products and 
Services or to market or sell Products and Services, to or for any 
customers in the Export Markets, or any countries or geographical areas 
in the Export Markets;
    g. Exclusive and Nonexclusive Export Intermediaries: Enter into 
exclusive and nonexclusive agreements appointing one or more Export 
Intermediaries, including regional representatives in the Export 
Markets, for the sale of Products and Services with price, quantity, 
territorial and/or customer restrictions as provided above;
    2. Redberri may exchange and discuss the following information with 
Suppliers and Export Intermediaries on an individual, one-to-one basis:
    a. Information about sale and marketing efforts for the Export 
Markets, activities and opportunities for sales of Products in the 
Export Markets, selling strategies for the Export Markets, sales for 
the Export Markets, contract and spot pricing in the Export Markets, 
projected demands in the Export Markets for Products, customary terms 
of sale in the Export Markets, prices and availability of Products from 
competitors for sale in the Export Markets, and specifications for 
Products by customers in the Export Markets;
    b. Information about the price, quality, quantity, source, and 
delivery dates of Products available from Suppliers for export;
    c. Information about terms and conditions of contracts for sale in 
the Export Markets to be considered and/or bid on by Redberri;
    d. Information about joint bidding or selling arrangements for the 
Export Markets and allocations of sales resulting from such 
arrangements among clients;
    e. Information about expenses specific to exporting to and within 
the Export Markets, including without limitation, transportation, 
trans- or intermodal shipments, insurance, inland freight to port, port 
storage, commissions, export sales, documentation, financing, customs, 
duties, and taxes;
    f. Information about U.S. and foreign legislation and regulations, 
including federal marketing order programs, affecting sales for the 
Export Markets;
     g. Information about Redberri's export operations, including 
without limitation, sales and distribution networks established by 
Redberri or its clients in the Export Markets (including export price 
information); and
    h. Information about export customer credit terms and credit 
history.
    3. Redberri and its clients may meet to engage in the activities 
described in paragraphs 1 and 2 above.
    4. Redberri and its clients may jointly participate in 
international trade shows and technology summits.
    5. Redberri may market Products, Services, and Technology Rights 
under Aquaglobex, Redberri, BIE, USTOOLCITI, Toolciti, Aquaglobal, 
Medicalciti or U.S. Pneumatic and other brands to optimize its brand 
name recognition.
    6. Redberri Global Corporation intends to develop world class 
infrastructure to develop international trade for U.S.-made products 
and optimize global sales of American products through innovative 
incubation, brand development, market management, and technology 
development.
    7. Form and operate electronic portals to promote Products, 
Services, and Technology Rights through a virtual marketplace for 
buyers and sellers, and provide access to export trade opportunities, 
including publicly available overseas government tenders and non-
governmental organization tenders.
    8. With respect to the sale of Products and Services, licensing of 
Technology Rights and provision of Export Trade Facilitation Services, 
Redberri may:
    a. Provide and/or 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 nonexclusive licensing and/or sales 
agreements with Suppliers for the export of Products, Services, and/or 
Technology Rights to the Export Markets;
    d. Allocate export sales or divide Export Markets among Suppliers 
for the sale and/or licensing of Products, Services, and/or Technology 
Rights;
    e. Allocate export orders among Suppliers;
    f. Establish the price of Products, Services, and/or Technology 
Rights for sales and/or licensing in the Export Markets; and
    g. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights.

Definition

    ``Export Intermediary'' means a person who acts as a distributor, 
sales representative, sales or marketing agent, import agent, broker, 
or who performs similar functions including providing or

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arranging for the provision of Export Trade Facilitation Services.
    ``Supplier'' means a person who produces, provides, or sells 
Products, Services, and/or Technology Rights.

    Dated: April 15, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-8520 Filed 4-17-08; 8:45 am]
BILLING CODE 3510-DR-P