[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Notices]
[Pages 80456-80457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32125]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 10-0005]


Export Trade Certificate of Review

ACTION: Notice of application (Application 10-0005) for an 
Export Trade Certificate of Review from ARC Industries LTD (``ARC'').

-----------------------------------------------------------------------

SUMMARY: The Office of Competition and Economic Analysis, International 
Trade Administration, U.S. 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. Sections 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 (15 U.S.C. 4012(b)(1)) 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. Under 15 CFR 325.6(a), any 
interested party may, within twenty days after the date of publication 
of this notice, submit written comments to the Secretary on the 
application.

Request for Public Comments 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 as such, 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: Office of Competition and 
Economic Analysis, International Trade Administration, U.S. Department 
of Commerce, Room 7021X, Washington, DC 20230, or transmitted by E-mail 
at o[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 10-0005''.

Summary of the Application:

    Applicant: ARC Industries Ltd. (``ARC''), 3447 Goldenhills Street, 
Deltona, FL 32728.
    Contact: Mr. Abel R. Coombs.
    Application No.: 10-0005.
    Date Deemed Submitted: December 8, 2010.
    Members: None.
    The applicant (ARC) 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 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 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; 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; licensing of technology; transportation; and facilitating 
the formation of products and services 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, ARC, subject to the terms and conditions below, seeks 
certification to:
    a. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;

[[Page 80457]]

    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 and 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 and services and/or 
technology rights;
    f. Allocate export orders among Suppliers;
    g. Establish the price of products and services and/or technology 
rights for sales and/or licensing in Export Markets; and
    h. Negotiate, enter into, and/or manage licensing agreements for 
the export of technology rights.
    2. ARC seeks certification to 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 
ARC with its distributors in Export Markets.

IV. Terms and Conditions

    1. In engaging in Export Trade Activities and Methods of Operation, 
ARC 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. ARC 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: December 6, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-32125 Filed 12-21-10; 8:45 am]
BILLING CODE 3510-DR-P