Export Trade Certificate of Review, 35637-35638 [E8-14210]

Download as PDF Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Notices research and development activities performed by the company, and questions on new or significantly improved methods of manufacturing, producing, delivering or distributing goods or services within the company. III. Data OMB Control Number: 0607–0444. Form Number: NC–99001 and NC– 99007 (for single-location companies). Type of Review: Regular submission. Affected Public: Business and not-forprofit institutions. Estimated Number of Respondents: 48,000. Estimated Time per Response: 1.59 hours. Estimated Total Annual Burden Hours: 127,517. Estimated Total Annual Cost: $3,497,791. Respondent’s Obligation: Mandatory. Legal Authority: Title 13 of U.S.C. Sections 182, 195, 224, and 225. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: June 19, 2008. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E8–14241 Filed 6–23–08; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration ebenthall on PRODPC60 with NOTICES Export Trade Certificate of Review International Trade Administration, Commerce. ACTION: Notice of Issuance of an Export Trade Certificate of Review, Application No. 08–00004. AGENCY: VerDate Aug<31>2005 12:39 Jun 23, 2008 Jkt 214001 SUMMARY: On June 19, 2008, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Sirius Chemical Group, Inc. (‘‘SCG’’). 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. 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 to 15 CFR section 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 section 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. SUPPLEMENTARY INFORMATION: 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 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 35637 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 sale of Products and Services, licensing of Technology Rights, and provision of Export Trade Facilitation Services, SCG may: a. Provide and/or arrange for the provision 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. SCG 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, SCG will not intentionally disclose, E:\FR\FM\24JNN1.SGM 24JNN1 35638 Federal Register / Vol. 73, No. 122 / Tuesday, June 24, 2008 / Notices 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. SCG 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 DEPARTMENT OF COMMERCE Protection Provided by Certificate This Certificate protects SCG 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 SCG from engaging in conduct not specified in this Certificate, but such conduct is subject to the normal application of the antitrust laws. ebenthall on PRODPC60 with NOTICES Disclaimer The issuance of this Certificate of Review to SCG 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 SCG or (b) the legality of such business plans of SCG under the laws of the United States (other than as 12:39 Jun 23, 2008 Jkt 214001 Dated: June 19, 2008. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E8–14210 Filed 6–23–08; 8:45 am] BILLING CODE 3510–DR–P ‘‘Supplier’’ means a person who produces, provides, or sells Products, Services and/or Technology Rights. VerDate Aug<31>2005 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. International Trade Administration Export Trade Certificate of Review Notice of Application to Amend an Export Trade Certificate of Review Issued to Northwest Fruit Exporters. ACTION: SUMMARY: Export Trading Company Affairs (‘‘ETCA’’), International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review (‘‘Certificate’’). This notice summarizes the proposed amendment and requests comments relevant to whether the Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export Trading Company Affairs, International Trade Administration, (202) 482–5131 (this is not a toll-free number) or E-mail at oetca@ita.doc.gov. 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 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 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 an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a non-confidential 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–B 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, non-confidential 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 84–19A12.’’ A summary of the application for an amendment follows. Summary of the Application Applicant: Northwest Fruit Exporters (‘‘NFE’’), 105 South 18th Street, Suite 227, Yakima, Washington 98901. Contact: James R. Archer, Manager to NFE, Telephone: (509) 576–8004. Application No.: 84–19A12. Date Deemed Submitted: June 19, 2008. The original NFE Certificate was issued on June 11, 1984 (49 FR 24581, June 14, 1984) and last amended on September 17, 2007 (72 FR 54000, September 21, 2007). Proposed Amendment: NFE seeks to amend its Certificate to: 1. Add each of the following companies as a new ‘‘Member’’ of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)): Lotus Fruit Packing, Inc., Brewster, Washington; Obert Cold Storage, Zillah, Washington; and Tree To You, LLC, Chelan, Washington; and 2. Delete the following companies as ‘‘Members’’ of the Certificate: Fox Orchards, Mattawa, Washington; Inland—Joseph Fruit Company, Wapato, E:\FR\FM\24JNN1.SGM 24JNN1

Agencies

[Federal Register Volume 73, Number 122 (Tuesday, June 24, 2008)]
[Notices]
[Pages 35637-35638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-14210]


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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. 08-00004.

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

SUMMARY: On June 19, 2008, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to Sirius Chemical Group, Inc. 
(``SCG''). 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 to 15 CFR section 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 section 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 sale of Products and Services, licensing of 
Technology Rights, and provision of Export Trade Facilitation Services, 
SCG may:
    a. Provide and/or arrange for the provision 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. SCG 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, SCG will not intentionally disclose,

[[Page 35638]]

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. SCG 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 SCG 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 SCG 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 SCG 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 SCG or (b) the legality of such business plans of SCG 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.

    Dated: June 19, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-14210 Filed 6-23-08; 8:45 am]
BILLING CODE 3510-DR-P