[Federal Register Volume 73, Number 234 (Thursday, December 4, 2008)]
[Notices]
[Pages 73907-73908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28724]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00009]


Export Trade Certificate of Review

ACTION: Notice of application for an Export Trade Certificate of Review 
from Golden Tree Trading Company (``GTTC'').

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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.

[[Page 73908]]

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 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 08-00009.'' A 
summary of the application follows.

Summary of the Application

    Applicant: Golden Tree Trading Company (``GTTC''), 8040 N. Augusta 
Street, Fresno, CA 93720.
    Contact: Mr. Sypher Lee, Telephone: (626) 500-7942.
    Application No.: 08-00009.
    Date Deemed Submitted: November 20, 2008.
    Members: None.
    The applicant (GTTC) seeks a Certificate of Review 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, 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; 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 export of Products and Services, licensing 
of Technology Rights and provision of Export Trade Facilitation 
Services, GTTC, subject to the terms and conditions listed below, may:
    a. Provide and/or arrange for the provision of Export Trade 
Facilitation Services and engage in promotional and marketing 
activities and collect information on trade opportunities in the Export 
Markets and distribute such information to clients;
    b. 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;
    c. Enter into exclusive and/or non-exclusive agreements with 
distributors and/or sales representatives in 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 Export Markets;
    g. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights;
    h. Enter into contracts for shipping; and
    i. Refuse to provide Export Trade Facilitation Services to 
customers in any Export Market or Markets.
    2. GTTC may exchange information with individual Suppliers on a 
one-to-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 GTTC with its 
distributors in Export Markets.

IV. Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
GTTC will not intentionally disclose, directly or indirectly, to any 
Supplier any information about any other Supplier's costs, production, 
capacity, inventories, domestic prices, domestic sales, or U.S. 
business plans, strategies, or methods that is not already generally 
available to the trade or public.
    2. GTTC 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 of Commerce 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 26, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-28724 Filed 12-3-08; 8:45 am]
BILLING CODE 3510-DR-P