[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11842-11843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5388]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 10-00002]


Export Trade Certificate of Review

ACTION: Notice of Application (10-00002) for an Export Trade 
Certificate of Review from EFS International Corporation/DBA: EFS 
Global Trade and Export (``EFS'').

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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: Joseph E. Flynn, Director, Office of 
Competition and Economic Analysis, 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 H, Washington, DC 20230, or transmit by E-mail at 
[email protected]. 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 10-00002.'' A 
summary of the application follows.

Summary of the Application

    Applicant: EFS International Corporation/DBA: EFS Global Trade and 
Export (``EFS''), 102 E 3rd Avenue, Newark, NJ 07104-2706.
    Contact: Mr. Francisco J. Salcedo, Telephone: (973) 336-7026.
    Application No.: 10-00002.
    Date Deemed Submitted: February 26, 2010.
    Members: None.
    The applicant (EFS) 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. Product

    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

[[Page 11843]]

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, EFS International, 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 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; and taking title 
to when provided in order to facilitate the export of goods or services 
produced in the United States;
    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. EFS International 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 
EFS International with its distributors in Export Markets.

IV. Terms and Conditions

    1. In engaging in Export Trade Activities and Methods of Operation, 
EFS International 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. EFS 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 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: March 8, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-5388 Filed 3-11-10; 8:45 am]
BILLING CODE 3510-DR-P