[Federal Register Volume 65, Number 11 (Tuesday, January 18, 2000)]
[Notices]
[Pages 2583-2584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1017]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION:  Notice of Issuance of an Export Trade Certificate of Review, 
Application No. 99-00006.

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SUMMARY:  The Department of Commerce has issued an Export Trade 
Certificate of Review to T.P. International Expo Services Inc. 
(``TPIES''). This notice summarizes the conduct for which certification 
has been granted.

FOR FURTHER INFORMATION CONTACT:  Morton Schnabel, Director, Office of 
Export Trading Company Affairs, International Trade Administration, 
202-482-5131. This is not a toll-free number.

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 (1999).
    The Office of Export Trading Company Affairs (``OETCA'') is issuing 
this notice pursuant to 15 CFR 325.6(b), which requires the Department 
of Commerce to publish a summary of a Certificate 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 
export programs, foreign trade and business protocol; consulting; 
market research and analysis; collection of information on trade 
opportunities; marketing; negotiations; joint ventures; shipping and 
export management; export licensing; advertising; documentation and 
services related to compliance with customs requirements; insurance and 
financing; bonding; warehousing; export trade promotion; trade show 
exhibitions; organizational development; management and labor 
strategies; transfer of technology; transportation; 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

    TPIES, Inc. may engage in the following activities with respect to 
Export Markets:
    1. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    2. Engage in promotion and marketing activities and collect and 
distribute information on trade opportunities in the Export Markets;
    3. Enter into exclusive and/or non-exclusive agreements with 
distributors, foreign buyers, and/or sales representatives in Export 
Markets;
    4. Enter into exclusive or non-exclusive sales agreements with 
Suppliers, Export Intermediaries, or other persons for the sale of 
Products and Services in Export Markets;
    5. Enter into exclusive or non-exclusive agreements with Suppliers, 
Export Intermediaries, or other persons for licensing Technology Rights 
in Export Markets;
    6. Allocate sales, export orders and/or divide Export Markets among 
Suppliers, Export Intermediaries, or other persons for the sale of 
Products and Services;
    7. Allocate the licensing of Technology Rights in Export Markets 
among Suppliers, Export Intermediaries, or other persons;
    8. Establish the price of Products and Services for sale in Export 
Markets;
    9. Establish the fee for licensing of Technology Rights in Export 
Markets; and
    10. Negotiate, enter into, and/or manage licensing agreements for 
the export of Technology Rights.

Terms and Conditions of Certificate

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

Definitions

    1. Export Intermediary means a person who acts as a distributor, 
sales representative, sales or marketing agent, or broker, or who 
performs similar functions, including providing or arranging for the 
provision of Export Trade Facilitation Services.
    2. Supplier means a person who produces, provides, or sells a 
Product and/or a Service.

Protection Provided by the Certificate

    This Certificate protects TPIES, Inc. and its directors, officers, 
and employees acting on its behalf from private treble damage actions 
and government criminal and civil suits

[[Page 2584]]

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.
    A copy of this certificate will be kept in the International Trade 
Administration's Freedom of Information Records Inspection Facility 
Room 4102, U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW, Washington, DC 20230.

    Dated: January 11, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-1017 Filed 1-14-00; 8:45 am]
BILLING CODE 3510-DR-P