[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Notices]
[Pages 36041-36042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14371]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00003]


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review to 
AGLA Trade Link International (Application No. 08-00003).

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SUMMARY: On June 18, 2008, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to AGLA Trade Link International 
(``ATLI''). This notice summarizes the conduct for which certification 
has been granted.

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 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 section 325.6(b), which requires the Secretary 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: ATLI is certified to engage in 
the Export Trade Activities and Methods of Operation described below in 
the following Export Trade and Export Markets.

I. Export Trade

    1. Products: All Products.
    2. Services: All Services.
    3. Technology Rights: Technology rights that relate to Products and 
Services, including, but not limited to, patents, trademarks, 
copyrights, and trade secrets.
    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.

II. 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).

III. 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, ATLI, 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 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 arrangements 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 Products to Export Markets.
    2. ATLI may exchange information on a one-to-one basis with its 
individual

[[Page 36042]]

Suppliers 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 ATLI with its 
distributors in Export Markets.

V. Definition

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

VI. Protection Provided by Certificate

    The Certificate protects ATLI 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.

VII. Effective Period of Certificate

    This Certificate continues in effect from June 18, 2008, until it 
is relinquished, modified, or revoked as provided in the Act and the 
Regulations.

VIII. Other Conduct

    Nothing in the Certificate prohibits ATLI from engaging in conduct 
not specified in the Certificate, but such conduct is subject to the 
normal application of the antitrust laws.

IX. Disclaimers

    1. The issuance of the Certificate of Review to ATLI 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 of the Secretary of Commerce or 
the Attorney General concerning either (a) the viability or quality of 
the business plans of ATLI or (b) the legality of such business plans 
of ATLI under the laws of the United States (other than as provided in 
the Act) or under the laws of any foreign country.
    2. The application of the Certificate to conduct in Export Trade 
where the U.S. Government is the buyer or where the U.S. 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: June 19, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
 [FR Doc. E8-14371 Filed 6-24-08; 8:45 am]
BILLING CODE 3510-DR-P