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