[Federal Register Volume 65, Number 115 (Wednesday, June 14, 2000)]
[Notices]
[Pages 37360-37361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14984]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 00-00001]


Export Trade Certificate of Review; Notice of Issuance of an 
Export Trade Certificate of Review

SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to North America Export Trading, LLC (``NAXT''). 
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; grantsmanship; documentation and services related to 
compliance with customs requirements; insurance and financing; bonding; 
warehousing; export trade promotion; trade show exhibitions and 
organization; 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

    NAXT may:
    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 Mexico, Latin America, 
and all other 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;
    5. Enter into exclusive or non-exclusive agreements with Suppliers, 
Export Intermediaries, or other persons for licensing Technology Rights 
in Export Markets;
    6. Assign sales to or among Suppliers, Export Intermediaries, or 
other persons, provided that NAXT does not intentionally disclose to 
any Supplier any information about other Suppliers' sales to NAXT for 
export;
    7. Assign the licensing of Technology Rights in Export Markets 
among Suppliers, Export Intermediaries, or other persons, provided that 
NAXT does not intentionally disclose to any Supplier any information 
about other Suppliers' licenses;
    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, as well as maintenance and financing commitments;
    10. Negotiate, enter into, and/or manage licensing agreements and 
long-term purchase arrangements involving the export of Technology 
Rights; and
    11. Provide extensive intergovern-   mental services to facilitate 
the grants and funding involvement of public and nongovernmental 
funding sources for private sector benefits in terms of export activity 
for goods and services.

Terms and Conditions of Certificate

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

[[Page 37361]]

    2. ``Supplier'' means a person who produces, provides, or sells a 
Product and/or a Service.
    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, N.W., Washington, D.C. 20230.

    Dated: June 8, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-14984 Filed 6-13-00; 8:45 am]
BILLING CODE 3510-DR-U