[Federal Register: May 28, 2004 (Volume 69, Number 104)]
[Notices]
[Page 30619-30620]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28my04-27]
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DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 04-00001.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to Gold Star Exporters Ltd. (``GOLD STAR''). This
notice summarizes the conduct for which certification has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Office of
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 oetca@ita.doc.gov.
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 (2004).
The Office of Export Trading Company Affairs (``OETCA'') is issuing
this notice pursuant to 15 CFR 325.6(b), which requires the Department
of Commerce to publish a summary of the Certificate 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
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 that relate to Products and
Services.
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 and assistance relating to government relations;
state and federal export programs; foreign trade and business protocol;
consulting; market research and analysis; collection of information on
trade opportunities; marketing; negotiations; joint ventures; shipping
and 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 the formation of shippers' associations.
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).
Export Trade Activities and Methods of Operation
GOLD STAR may:
1. Establish sale prices, minimum sale prices, target sale prices
and/or minimum target sale prices, and other terms of sale in Export
Markets; for Products, Services, Technology Rights and/or licensing of
Technology Rights;
2. Conduct marketing and distribution of Products, Services,
Technology Rights, and Licensing in Export Markets. Collect the
information on trade opportunities in the Export Markets and distribute
such information to export clients, Suppliers, and export
intermediaries;
3. Conduct promotion of Products, Services, Technology Rights and
licensing;
4. Set quantities of Products, Services, Technology Rights, and
licensing to be sold based on needs in the Export Markets and on
information from in-country and domestic sources;
5. Allocate geographic areas or countries in Export Markets and/or
customers in Export Markets among Suppliers, distributors and/or sales
representatives for the sale and/or distribution of Products, Services,
Technology Rights, and/or licensing;
6. Refuse to quote prices for Products, Services, Technology Rights
and/or licensing to or for any customers in the Export Markets, or any
countries or geographical areas in the Export Markets;
7. Enter into exclusive and non-exclusive agreements appointing one
or more export intermediaries for the distribution of Products,
Services, Technology Rights and licensing with price, quantity,
territorial and/or customer restrictions as provided above;
8. Enter into exclusive and/or non-exclusive agreements for the
export of Products, Services, Technology Rights and licensing with
price, quantity, territorial and/or customer restrictions as provided
above;
9. Allocate export orders among Suppliers;
10. Negotiate, enter into, and/or manage exclusive and non-
exclusive licensing agreements for the export of Technology Rights;
11. Enter into contracts for exclusive non-exclusive shipping;
12. Exchange information on a one-on-one basis with individual
Suppliers regarding inventories and near-term production schedules for
the purpose of determining the availability of Products for export and
coordinating export with distributors. Confidential data is private and
owned by each party of a transaction;
13. GOLD STAR and its Suppliers and export intermediaries may
exchange and discuss information on the following:
(a) Information about sales and marketing efforts for the Export
Markets, activities and opportunities for sales of Products, Services,
Technology Rights and licensing in the Export Markets, selling
strategies for the Export Markets, contract and spot pricing in the
Export Markets, projected demands in Export Markets for Products and
Services; prices and availability of Products, Services, Technology
Rights, and licensing from competitors for sale in the Export Markets,
and specifications for Products, Services, Technology Rights, and
licensing by customers in the Export Markets;
(b) Information about the price, quality, quantity, source, and
delivery
[[Page 30620]]
dates of Products, Services, Technology Rights, and licensing available
to export;
(c) Information about terms and conditions of contract for sale in
the Export Markets to consider and/or bid on by GOLD STAR, and its
Suppliers and export intermediaries;
(d) Information about joint bidding or selling arrangements for the
Export Markets and allocations of sales resulting from such
arrangements among Suppliers;
(e) Information about expenses specific to exporting to and within
the Export Markets;
(f) Information about United States and foreign legislation and
regulations, including federal marketing order programs affecting the
Export Markets;
(g) Information about GOLD STAR export operations, including
without limitation, sales and distribution networks established by GOLD
STAR and prior export sales by GOLD STAR (including export price
information); and
(h) Information about export customer credit terms and credit
history.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
GOLD STAR 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 are not already
generally available to the trade or public.
2. GOLD STAR will comply with requests made by the Secretary of
Commerce on behalf of the Secretary of Commerce 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
1. ``Supplier'' means a person who produces, provides, or sells
Products, Services and/or Technology Rights.
Protection Provided by the Certificate
This Certificate protects GOLD STAR and its 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.
Effective Period of Certificate
This Certificate continues in effect from the effective date
indicated below until it is relinquished, modified, or revoked as
provided in the Act and the Regulations.
Other Conduct
Nothing in this Certificate prohibits GOLD STAR from engaging in
conduct not specified in this Certificate, but such conduct is subject
to the normal application of the antitrust laws.
Disclaimer
The issuance of this Certificate of Review to GOLD STAR 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 by the Secretary or by the
Attorney General concerning either (a) the viability or quality of the
business plans of GOLD STAR (b) the legality of such business plans of
GOLD STAR under the laws of the United States (other than as provided
in the Act) or under the laws of any foreign country. The application
of this Certificate to conduct in export trade where the United States
Government is the buyer or where the United States 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 Certificate of Review (Second Edition),'' 50
FR 1786 (January 11, 1985).
A copy of this certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility
Room 4102, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Effective Date: May 17, 2004.
Dated: May 25, 2004.
Jeffrey Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 04-12143 Filed 5-27-04; 8:45 am]
BILLING CODE 3510-DR-P