[Federal Register: January 18, 2000 (Volume 65, Number 11)]
[Notices]
[Page 2583-2584]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ja00-34]
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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. 99-00006.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to T.P. International Expo Services Inc.
(``TPIES''). This notice summarizes the conduct for which certification
has been granted.
FOR FURTHER INFORMATION CONTACT: Morton Schnabel, Director, Office of
Export Trading Company Affairs, International Trade Administration,
202-482-5131. This is not a toll-free number.
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 (1999).
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 a 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 in the
areas of government relations and assistance with 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; bonding; warehousing; export trade promotion; trade show
exhibitions; organizational development; management and labor
strategies; transfer of technology; transportation; and facilitating
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
TPIES, Inc. may engage in the following activities with respect to
Export Markets:
1. Provide and/or arrange for the provision of Export Trade
Facilitation Services;
2. Engage in promotion and marketing activities and collect and
distribute information on trade opportunities in the Export Markets;
3. Enter into exclusive and/or non-exclusive agreements with
distributors, foreign buyers, and/or sales representatives in Export
Markets;
4. Enter into exclusive or non-exclusive sales agreements with
Suppliers, Export Intermediaries, or other persons for the sale of
Products and Services in Export Markets;
5. Enter into exclusive or non-exclusive agreements with Suppliers,
Export Intermediaries, or other persons for licensing Technology Rights
in Export Markets;
6. Allocate sales, export orders and/or divide Export Markets among
Suppliers, Export Intermediaries, or other persons for the sale of
Products and Services;
7. Allocate the licensing of Technology Rights in Export Markets
among Suppliers, Export Intermediaries, or other persons;
8. Establish the price of Products and Services for sale in Export
Markets;
9. Establish the fee for licensing of Technology Rights in Export
Markets; and
10. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
TPIES, Inc. 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. TPIES, Inc. 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.
Definitions
1. Export Intermediary means a person who acts as a distributor,
sales representative, sales or marketing agent, or broker, or who
performs similar functions, including providing or arranging for the
provision of Export Trade Facilitation Services.
2. Supplier means a person who produces, provides, or sells a
Product and/or a Service.
Protection Provided by the Certificate
This Certificate protects TPIES, Inc. and its directors, officers,
and employees acting on its behalf from private treble damage actions
and government criminal and civil suits
[[Page 2584]]
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.
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.
Dated: January 11, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-1017 Filed 1-14-00; 8:45 am]
BILLING CODE 3510-DR-P