Export Trade Certificate of Review, 45210-45211 [E8-17798]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Notices]
[Pages 45210-45211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17798]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00005]


Export Trade Certificate of Review

ACTION: Notice of issuance of an Export Trade Certificate of Review to 
Redberri Global Corporation (Application No. 08-00005).

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SUMMARY: On July 21, 2008, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to Redberri Global Corporation 
(``Redberri''). This notice summarizes the conduct for which 
certification has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey 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 (2008).
    Export Trading Company Affairs (``ETCA'') is issuing this notice 
pursuant to 15 CFR 325.6(b), which requires the Secretary 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

    Redberri is certified to engage in the Export Trade Activities and 
Methods of Operation described below in the following Export Trade and 
Export Markets.

I. Export Trade

    1. Products
    All Products, with emphasis on products that incorporate 
technologies such as bio-technology, software, nanotechnology, 
telemedicine, and other related technologies.
    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 include 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; export trade negotiations; joint ventures; logistical 
support; 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; and 
transfer of technology.

II. 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).

III. 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, 
Redberri may:
    a. Sales Prices: Establish sale prices, minimum sale prices, target 
sale prices or minimum target sale prices, and other terms of sale, in 
the Export Markets;
    b. Marketing and Distribution: Conduct marketing and distribution 
in the Export Markets;
    c. Promotion: Engage in promotional and marketing activities and 
collect information on trade opportunities in the Export Markets and 
distribute such information to Suppliers and Export Intermediaries;
    d. Quantities: Agree on quantities to be sold in Export Markets, 
provided that each Supplier and Export Intermediary shall be required 
to dedicate only such quantity or quantities as each Supplier and 
Export Intermediary shall independently determine;
    e. Market and Customer Allocation: Allocate geographic areas or 
countries, orders, or customers in the Export Markets;
    f. Refusals to Deal: Refuse to quote prices or to market or sell to 
or for any customers in the Export Markets, or any countries or 
geographical areas in the Export Markets; and
    g. Exclusive and Nonexclusive Export Intermediaries: Enter into 
exclusive and nonexclusive agreements appointing one or more Export 
Intermediaries, including regional representatives in Export Markets, 
for the sale in Export Markets, with price, quantity, territorial or 
customer restrictions as provided above.
    2. Redberri may exchange and discuss the following information on a 
one-to-one basis with its individual Suppliers and Export 
Intermediaries:
    a. Information about sales and marketing efforts for the Export 
Markets, activities and opportunities for sales of Products, Services, 
and Technology Rights in the Export Markets, selling strategies for the 
Export Markets, sales for the Export Markets, contract and spot pricing 
in the Export Markets, projected demands in the Export Markets for 
Products, Services, and Technology Rights, customary terms of sale in 
the Export Markets, prices and availability of Products, Services, and 
Technology rights from competitors for sale in the Export Markets, and 
specifications for Products, Services, and Technology Rights by 
customers in the Export Markets;
    b. Information about the price, quality, quantity, source, and 
delivery dates of Products available from Suppliers and Export 
Intermediaries for export;
    c. Information about terms and conditions of contracts for sales in 
the Export Markets to be considered or bid on by Redberri;
    d. Information about bidding or selling arrangements for the Export 
Markets and allocations among Suppliers and Export Intermediaries of 
sales resulting from such arrangements;
    e. Information about expenses specific to exporting to and within 
the Export Markets, including without limitation, transportation, 
trans- or intermodal shipments, insurance, 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

[[Page 45211]]

federal marketing order programs, affecting sales for the Export 
Markets;
    g. Information about Redberri's export operations, including 
without limitation, sales and distribution networks established by 
Redberri or its Suppliers and Export Intermediaries in the Export 
Markets (including export price information); and
    h. Information about export customers' credit terms and credit 
history.
    3. Redberri may meet with its Suppliers and Export Intermediaries 
on a one-to-one basis to engage in the activities described in 
paragraphs 1 and 2 above.
    4. Redberri and its Suppliers and Export Intermediaries may jointly 
participate in international trade shows and technology summits.
    5. Redberri may market Products, Services, and Technology Rights 
under brand names to the extent it has the right to use those names 
under applicable law.
    6. Redberri may form and operate electronic portals to promote 
Products, Services, and Technology Rights through a virtual marketplace 
for buyers and sellers in Export Markets, and thereby provide access to 
export trade opportunities, including publicly available overseas 
government tenders and non-governmental organization tenders.
    7. Redberri may provide for or arrange for the provision of Export 
Trade Facilitation Services.
    8. Redberri may negotiate, enter into, and manage exclusive or non-
exclusive licensing agreements for the export of Technology Rights.
    9. Redberri may enter into exclusive or nonexclusive agreements 
with Suppliers for the export of Products or Services to the Export 
Markets.

IV. Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of 
Operations, Redberri will not intentionally disclose, directly or 
indirectly, to any Supplier or Export Intermediary any information 
about any other Supplier's or Export Intermediary'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. Redberri 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.

V. Definitions

    1. ``Supplier'' means a person who produces, provides, or sells 
Products, Services and/or Technology Rights.
    2. ``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.

VI. Protection Provided by Certificate

    The Certificate protects Redberri 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.

VII. Effective Period of Certificate

    The Certificate continues in effect until it is relinquished, 
modified, or revoked as provided in the Act and the Regulations.

VIII. Other Conduct

    Nothing in the Certificate prohibits Redberri from engaging in 
conduct not specified in the Certificate, but such conduct is subject 
to the normal application of the antitrust laws.

IX. Disclaimers

    1. The issuance of the Certificate of Review to Redberri 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 Redberri or (b) the legality of such business 
plans of Redberri under the laws of the United States (other than as 
provided in the Act) or under the laws of any foreign country.
    2. The application of the Certificate to conduct in Export Trade 
where the U.S. Government is the buyer or where the U.S. 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: July 29, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-17798 Filed 8-1-08; 8:45 am]
BILLING CODE 3510-DR-P