Export Trade Certificate of Review, 9991-9993 [E8-3478]
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Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Notices
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. 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 08–00002.’’ A summary of the
application follows.
Summary of the Application:
Applicant: Wilco Machine & Fab, Inc.
(‘‘Wilco’’), P.O. Box 48, 1326 S.
Broadway, Marlow, Oklahoma 73055.
Contact: Mr. Anthony Chandler,
Manager, Telephone: (580) 658–6993.
Application No.: 08–00002.
Date Deemed Submitted: February 11,
2008.
Members (in addition to applicant):
None.
Wilco seeks a Certificate to cover the
following specific Export Trade, Export
Markets, and Export Trade Activities
and Methods of Operations.
Export Trade
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Products
All Products manufactured by Wilco,
including all fabricated, machined, or
assembled pressure vessels, tanks, bulk
transport trailers, bulk storage trailers,
bulk plants, or any components of or
tools for the aforementioned items
(North American Industry Classification
System codes: 333132; 332313; 33242;
and 332439).
Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
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14:34 Feb 22, 2008
Jkt 214001
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
1. Wilco, on its own behalf may:
a. Sales Price: Establish sale process,
minimum sales prices, target sale prices
and/or minimum target sales prices, and
other terms of sale in Export Markets.
b. Marketing and Distribution:
Conduct marketing and distribution of
Products in Export Markets.
c. Promotion: Conduct promotion of
Products.
d. Quantities: Determine quantities of
Products to be sold.
e. Market and Customer Allocation:
Allocate geographic areas or countries
in the Export Markets and/or customers
in the Export Markets to agency
representatives or export intermediaries.
f. Refusals To Deal: Refuse to quote
prices for Products, or to market or sell
Products, to or for any customers in the
Export Markets, or any countries or
geographical areas in the Export
Markets.
g. Exclusive and Nonexclusive Export
Intermediaries: Enter into exclusive and
nonexclusive agreements appointing
one or more export intermediaries for
the sale of Products with price, quantity,
territorial and/or customer restrictions
as provided above.
2. Wilco may exchange and discuss
the following information:
a. Information about sale and
marketing efforts for the Export Markets,
activities and opportunities for sales of
Products in the Export Markets, selling
strategies for the Export Markets, sales
for the Export Markets, contract and
pricing in the Export Markets, project
demands in the Export Markets for
Products, customary terms of sale in the
Export Markets, price and availability of
products from competitors for sale in
Export Markets, and specifications for
Products by customers in the Export
Markets.
b. Information about price, quality,
quantity, source, and delivery dates of
Products.
c. Information about terms and
conditions of contracts for sale in the
Export Markets to be considered and/or
bid on by Wilco.
d. Information about bidding, selling,
or sales arrangements for the Export
Markets.
e. Information about expenses specific
to exporting to and within the Export
Markets, including without limitation,
transportation, shipments, insurance,
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9991
inland freight to port, port storage,
commissions, export sales,
documentation, financing, customs,
duties, and taxes.
f. Information about U.S. and foreign
legislation and regulations, including
federal marketing order programs,
affecting sales for the Export Markets.
g. Information about Wilco’s export
operations, including without
limitation, sales and prior export sales
information including export price
information.
h. Information about export customer
credit terms and credit history.
3. Wilco may meet with customers,
agency representatives, or export
intermediaries to discuss or engage in
the activities described above.
Definition:
‘‘Export Intermediary’’ means a
person who acts as a distributor, sales
representative, sales or marketing agent,
import agent, broker, or who performs
similar functions including providing or
arranging for the provision of Export
Trade Facilitation Services.
Dated: February 18, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8–3426 Filed 2–22–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
International Trade
Administration, Commerce.
ACTION: Notice of Issuance of an Export
Trade Certificate of Review, Application
No. 07–00006.
AGENCY:
SUMMARY: On February 19, 2008, the
U.S. Department of Commerce issued an
Export Trade Certificate of Review to
Glokle, Inc. (‘‘GINC’’). This notice
summarizes the conduct for which
certification has been granted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey C. Anspacher, Director, 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
(2006).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
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9992
Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Notices
to 15 CFR 325.6(b), which requires the
U.S. Department 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
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 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.
Export Markets
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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
1. With respect to the sales of
Products and Services, licensing of
Technology Rights and provisions of
Export Trade Facilitation Services,
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14:34 Feb 22, 2008
Jkt 214001
GINC, subject to the terms and
conditions listed below, may:
a. Provide and/or arrange for the
provisions of Export Trade Facilitation
Services;
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 nonexclusive 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 nonexclusive 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;
h. Negotiate, enter into, and/or
manage licensing agreements for the
export of Technology Rights; and
i. Enter into contracts for shipping of
Products to Export Markets.
2. GINC may exchange information on
a one-to-one basis with individual
Suppliers regarding that Supplier’s
inventories and near-term production
schedules for the purpose of
determining the availability of Products
for export and coordinating export with
distributors.
Terms and Conditions of Certificate
1. In engaging in Export Trade
Activities and Methods of Operations,
GINC 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. GINC 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
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Review continue to comply with the
standard of Section 303(a) of the Act.
Definition
‘‘Supplier’’ means a person who
produces, provides, or sells Products,
Services, and/or Technology Rights.
Protection Provided by Certificate
This Certificate protects GINC 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.
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
GINC 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 GINC 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 GINC or (b) the
legality of such business plans of GINC
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 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.
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Federal Register / Vol. 73, No. 37 / Monday, February 25, 2008 / Notices
Dated: February 19, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8–3478 Filed 2–22–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–507–601]
Certain In–shell Roasted Pistachios
from the Islamic Republic of Iran: Final
Results of Countervailing Duty New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 28, 2007, the
Department of Commerce (the
Department) published in the Federal
Register its preliminary results in the
countervailing duty (CVD) new shipper
review of certain in–shell roasted
pistachios from Iran. See Certain In–
shell Roasted Pistachios from the
Islamic Republic of Iran: Preliminary
Results of Countervailing Duty New
Shipper Review, 72 FR 67276
(Preliminary Results). The Department
has now completed this new shipper
review in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as
amended (the Act).
Based on our analysis of the
comments received, the Department has
not revised the net subsidy rate for
Ahmadi’s Agricultural Productions,
Processing and Trade Complex
(Ahmadi), the respondent company in
this proceeding. The final net subsidy
rate for the reviewed company is listed
below in the section entitled ‘‘Final
Results of Review.’’
AGENCY:
EFFECTIVE DATE:
February 25, 2008.
FOR FURTHER INFORMATION CONTACT:
Christopher Hargett, AD/CVD
Operations, Office 3, Import
Administration, U.S. Department of
Commerce, Room 4225, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–4161.
SUPPLEMENTARY INFORMATION:
rfrederick on PROD1PC67 with NOTICES
Background
On November 28, 2007, the
Department published in the Federal
Register its Preliminary Results. We
invited interested parties to comment on
these results. Since the preliminary
results, the following events have
occurred:
VerDate Aug<31>2005
14:34 Feb 22, 2008
Jkt 214001
On December 28, 2007, we received
case briefs from petitioners.1 In
response to a request from the
Department, CalPure submitted a
revised case brief on January 15, 2008.
A hearing was held in response to a
request from CalPure on January 17,
2008.
In accordance with 19 CFR
351.214(b), this new shipper review
covers only those producers or exporters
for which a review was specifically
requested. Accordingly, this new
shipper review covers Ahmadi and ten
programs for the period of review
January 1, 2006, through December 31,
2006.
Scope of the Order
The product covered by this order is
all roasted in–shell pistachio nuts,
whether roasted in Iran or elsewhere,
from which the hull has been removed,
leaving the inner hard shells and the
edible meat, as currently classifiable in
the HTSUS under item number
0802.50.20.00. The written description
of the scope of this proceeding is
dispositive.
Analysis of Comments Received
For a discussion of the programs and
the issues raised in the briefs by parties
to this review, see the ‘‘Issues and
Decision Memorandum’’ from Stephen
J. Claeys, Deputy Assistant Secretary for
Import Administration, to David M.
Spooner, Assistant Secretary for Import
Administration, concerning the ‘‘Final
Results of Countervailing Duty New
Shipper Review: Certain In–shell
Roasted Pistachios from the Islamic
Republic of Iran’’ (Decision
Memorandum), dated February 19,
2008, which is hereby adopted by this
notice. A listing of the issues which
parties raised and to which we have
responded, which are in the Decision
Memorandum, is attached to this notice
as Appendix I. Parties can find a
complete discussion of the issues raised
in this review and the corresponding
recommendations in this public
memorandum, which is on file in the
Central Records Unit (CRU), room 1117
of the main Commerce building. In
addition, a complete version of the
Decision Memorandum can be accessed
directly on the World Wide Web at
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
In accordance with section 777A(e)(1)
of the Act, 19 CFR 351.221(b)(5), and 19
1 Petitioners include the Western Pistachio
Association (WPA) and its members and a domestic
interested party, Cal Pure Pistachios, Inc. (Cal Pure).
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9993
CFR 351.214(i), we calculated an ad
valorem subsidy rate for Ahmadi for
calendar year 2006.
Producer/Exporter
Ahmadi’s Agricultural Productions, Processing and Trade
Complex (Ahmadi) ................
Net Subsidy
Rate
0.00 percent
ad valorem
The Department intends to issue
assessment instructions to U.S. Customs
and Border Protection (CBP) 15 days
after the date of publication of the final
results of this new shipper review to
liquidate shipments of subject
merchandise by Ahmadi entered, or
withdrawn from warehouse, for
consumption on or after January 1,
2006, through December 31, 2006,
without regard to countervailing duties
because a zero percent subsidy rate was
calculated.
The following cash deposit
requirements will be effective upon
publication of the final results of this
new shipper review for all shipments of
subject merchandise from Ahmadi
entered or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For subject
merchandise produced and exported by
Ahmadi, the cash deposit rate will be
zero; (2) for subject merchandise
produced by Ahmadi but not exported
by Ahmadi, the cash deposit rate will
continue to be the all–others rate (i.e.,
317.89 percent ad valorem); and (3) for
subject merchandise exported by
Ahmadi but not produced by Ahmadi,
the cash deposit rate will continue to be
the all–others rate (i.e., 317.89 percent
ad valorem). The cash deposit rate for
all other producers and/or exporters is
not effected by these final results.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This administrative review and notice
are issued and published in accordance
with sections 751(a)(2)(C), 751(a)(3) and
777(i)(1) of the Act and 19 CFR
351.221(b)(5).
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]]>Agencies
[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Notices]
[Pages 9991-9993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3478]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
AGENCY: International Trade Administration, Commerce.
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 07-00006.
-----------------------------------------------------------------------
SUMMARY: On February 19, 2008, the U.S. Department of Commerce issued
an Export Trade Certificate of Review to Glokle, Inc. (``GINC''). This
notice summarizes the conduct for which certification has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, 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 (2006).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant
[[Page 9992]]
to 15 CFR 325.6(b), which requires the U.S. Department 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
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 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.
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
1. With respect to the sales of Products and Services, licensing of
Technology Rights and provisions of Export Trade Facilitation Services,
GINC, subject to the terms and conditions listed below, may:
a. Provide and/or arrange for the provisions of Export Trade
Facilitation Services;
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, 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;
h. Negotiate, enter into, and/or manage licensing agreements for
the export of Technology Rights; and
i. Enter into contracts for shipping of Products to Export Markets.
2. GINC may exchange information on a one-to-one basis with
individual Suppliers regarding that Supplier's inventories and near-
term production schedules for the purpose of determining the
availability of Products for export and coordinating export with
distributors.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of
Operations, GINC 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. GINC 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
standard of Section 303(a) of the Act.
Definition
``Supplier'' means a person who produces, provides, or sells
Products, Services, and/or Technology Rights.
Protection Provided by Certificate
This Certificate protects GINC 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.
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 GINC 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 GINC 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 GINC or (b) the legality of such business plans of GINC 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 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.
[[Page 9993]]
Dated: February 19, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-3478 Filed 2-22-08; 8:45 am]
BILLING CODE 3510-DR-P
