[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 8905-8906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4225]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00009]


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review to 
Golden Tree Trading Company Application (Application No. 08-00009).

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SUMMARY: On February 18, 2009, the U.S. Department of Commerce issued 
an Export Trade Certificate of Review to Golden Tree Trading Company 
(``GTTC''). 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 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. 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 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

    GTTC 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 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 provisions of Export Trade 
Facilitation Services and engage in promotional and marketing 
activities;
    b. 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

[[Page 8906]]

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;
    i. Enter into contracts for shipping to Export Markets; and
    j. 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

    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.

V. Definitions

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

VI. Protection Provided by Certificate

    This Certificate protects GTTC 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 the date indicated below 
until it is relinquished, modified, or revoked as provided in the Act 
and the Regulations.

VIII. Other Conduct

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

IX. Disclaimers

    1. The issuance of this Certificate of Review to GTTC 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 GTTC or (b) the legality of such business plans 
of GTTC 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 this 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: February 24, 2009.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E9-4225 Filed 2-26-09; 8:45 am]
BILLING CODE 3510-DR-P