Export Trade Certificate of Review, 8905-8906 [E9-4225]

Download as PDF Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration, dated February 20, 2009 (Decision Memo), which is hereby adopted by this notice. The Decision Memo, which is a public document, is on file in the Central Records Unit, main Department of Commerce building, Room 1117, and is accessible on the Web at https:// ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memo are identical in content. Dated: February 20, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Final Results of Changed– Circumstances Review [Application No. 08–00009] [FR Doc. E9–4239 Filed 2–26–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review For the reasons stated in the Preliminary Results, we continue to find that AMT is the successor–in-interest to AST. We will apply this determination retroactively and will instruct U.S. Customs and Border Protection (CBP) to liquidate, without regard to antidumping duties, all unliquidated entries entered, or withdrawn from warehouse, for consumption on or after August 1, 2006, the date of AST’s name change to AMT. See Stainless Steel Wire Rod from Italy: Notice of Final Results of Changed Circumstances Antidumping Duty Review, 71 FR 24643, 24644 (April 26, 2006); see also Certain Hot–Rolled Lead and Bismuth Carbon Steel Products from the United Kingdom: Final Results of Changed– Circumstances Antidumping and Countervailing Duty Administrative Review, 64 FR 66880, 66881 (Nov. 30, 1999). Notification This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is published in accordance with sections 751(b)(1) and 777(i) of the Act and 19 CFR 351.216 and 351.221. rwilkins on PROD1PC63 with NOTICES2 Appendix 1. Application of the Final Results Retroactively ACTION: Notice of Issuance of an Export Trade Certificate of Review to Golden Tree Trading Company Application (Application No. 08–00009). SUMMARY: On February 18, 2009, the U.S. Department of Commerce issued an Export Trade Certificate of Review to Golden Tree Trading Company (‘‘GTTC’’). 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 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. 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 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 GTTC 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. VerDate Nov<24>2008 16:39 Feb 26, 2009 Jkt 217001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 8905 2. Services All Services. 3. Technology Rights Technology rights that relate to Products and Services, including, but not limited to, patents, trademarks, copyrights, and trade secrets. 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. 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 export of Products and Services, licensing of Technology Rights and provision of Export Trade Facilitation Services, GTTC, subject to the terms and conditions listed below, may: a. Provide and/or arrange for the provisions of Export Trade Facilitation Services and engage in promotional and marketing activities; b. 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 E:\FR\FM\27FEN1.SGM 27FEN1 8906 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Notices 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; i. Enter into contracts for shipping to Export Markets; and j. Refuse to provide Export Trade Facilitation Services to customers in any Export Market or Markets. 2. GTTC may exchange information with individual Suppliers on a one-toone basis regarding that Supplier’s inventories and near-term production schedules in order that the availability of Products for export can be determined and effectively coordinated by GTTC with its distributors in Export Markets. IV. Terms and Conditions 1. In engaging in Export Trade Activities and Methods of Operation, GTTC 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. GTTC 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. V. Definitions rwilkins on PROD1PC63 with NOTICES2 IX. Disclaimers 1. The issuance of this Certificate of Review to GTTC 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 GTTC or (b) the legality of such business plans of GTTC 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 this 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: February 24, 2009. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E9–4225 Filed 2–26–09; 8:45 am] BILLING CODE 3510–DR–P A–570–890 This Certificate protects GTTC 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 Jkt 217001 VIII. Other Conduct Nothing in this Certificate prohibits GTTC from engaging in conduct not specified in this Certificate, but such conduct is subject to the normal application of the antitrust laws. International Trade Administration VI. Protection Provided by Certificate 16:39 Feb 26, 2009 VII. Effective Period of Certificate This Certificate continues in effect from the date indicated below until it is relinquished, modified, or revoked as provided in the Act and the Regulations. DEPARTMENT OF COMMERCE ‘‘Supplier’’ means a person who produces, provides, or sells Products, Services and/or Technology Rights. VerDate Nov<24>2008 compliance with its terms and conditions. Wooden Bedroom Furniture from the People’s Republic of China: Extension of Time for the Preliminary Results of the New Shipper Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: February 27, 2009. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: Paul Stolz, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4474. SUPPLEMENTARY INFORMATION: Background On September 9, 2008, the Department of Commerce (‘‘the Department’’) published in the Federal Register a notice of initiation of a new shipper review for shipments of wooden bedroom furniture from the People’s Republic of China (‘‘PRC’’) produced and exported by Shanghai Fangjia Industry Co., Ltd. (‘‘Shanghai Fangjia’’). See Wooden Bedroom Furniture From the People’s Republic of China: Initiation of New Shipper Review, 73 FR 52296 (September 9, 2008). The preliminary results of review are currently due no later than February 23, 2009. Statutory Time Limits Section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (‘‘the Act’’), provides that the Department will issue the preliminary results of a new shipper review of an antidumping duty order within 180 days after the day on which the review was initiated. See also 19 CFR 351.214(i)(1). The Act further provides that the Department may extend that 180-day period to 300 days if it determines that the case is extraordinarily complicated. See section 751(a)(2)(B)(iv) and 19 CFR 351.214 (i)(2). Extension of Time Limit for Preliminary Results The Department determines that this new shipper review involves extraordinarily complicated methodological issues, pertaining to the calculation of factors of production and the evaluation of the bona fide nature of Shanghai Fangjia’s sales. Therefore, in accordance with section 751(a)(2)(B)(iv) of the Act and 19 CFR 351.214(i)(2), the Department is extending the time limit for these preliminary results by 120 days, until no later than June 22, 2009. The final results continue to be due 90 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(2)(B)(iv) and 777(i) of the Act. E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 8905-8906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4225]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00009]


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review to 
Golden Tree Trading Company Application (Application No. 08-00009).

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SUMMARY: On February 18, 2009, the U.S. Department of Commerce issued 
an Export Trade Certificate of Review to Golden Tree Trading Company 
(``GTTC''). 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 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. 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 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

    GTTC 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.
2. Services
    All Services.
3. Technology Rights
    Technology rights that relate to Products and Services, including, 
but not limited to, patents, trademarks, copyrights, and trade secrets.
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.

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 export of Products and Services, licensing 
of Technology Rights and provision of Export Trade Facilitation 
Services, GTTC, subject to the terms and conditions listed below, may:
    a. Provide and/or arrange for the provisions of Export Trade 
Facilitation Services and engage in promotional and marketing 
activities;
    b. 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

[[Page 8906]]

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;
    i. Enter into contracts for shipping to Export Markets; and
    j. Refuse to provide Export Trade Facilitation Services to 
customers in any Export Market or Markets.
    2. GTTC may exchange information with individual Suppliers on a 
one-to-one basis regarding that Supplier's inventories and near-term 
production schedules in order that the availability of Products for 
export can be determined and effectively coordinated by GTTC with its 
distributors in Export Markets.

IV. Terms and Conditions

    1. In engaging in Export Trade Activities and Methods of Operation, 
GTTC 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. GTTC 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.

V. Definitions

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

VI. Protection Provided by Certificate

    This Certificate protects GTTC 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

    This Certificate continues in effect from the date indicated below 
until it is relinquished, modified, or revoked as provided in the Act 
and the Regulations.

VIII. Other Conduct

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

IX. Disclaimers

    1. The issuance of this Certificate of Review to GTTC 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 GTTC or (b) the legality of such business plans 
of GTTC 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 this 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: February 24, 2009.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E9-4225 Filed 2-26-09; 8:45 am]
BILLING CODE 3510-DR-P