[Federal Register Volume 62, Number 216 (Friday, November 7, 1997)]
[Notices]
[Pages 60232-60233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29434]


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

DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of issuance of an export trade certificate of review, 
application No. 97-00002.

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

SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to Goff-Chem, Inc. This notice summarizes the 
conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Morton Schnabel, Acting 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 l982 (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 (1997).
    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.

[[Page 60233]]

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

    Goff-Chem, Inc. 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 the Export Market;
    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 licensing agreements 
regarding Products, Services, or Technology Rights with Suppliers, 
Export Intermediaries, or other persons in Export Markets;
    5. Enter into exclusive or non-exclusive sales agreements with 
Suppliers, Export Intermediaries, or other persons for the transfer of 
title to Products, Services, and/or Technology Rights in Export 
Markets;
    6. Enter into exclusive or non-exclusive pricing and/or consignment 
agreements for the sale and shipment of Products and Services to Export 
Markets;
    7. Allocate the sales, export orders and/or divide Export Markets, 
among Suppliers, Export Intermediaries, or other persons for the sale, 
licensing and/or transfer of title to Products, Services, and/or 
Technology Rights;
    8. Enter into exclusive or non-exclusive price and/or territorial 
agreements with U.S. suppliers;
    9. Represent U.S. suppliers at trade shows and solicit agents and 
distributors for their Products in the Export Markets;
    10. Enter into exclusive or non-exclusive agreements for the 
pooling of tangible property and other resources, the tying of Products 
and Services, the setting of prices, and/or the distribution, shipping 
or handling of Products or Services in the Export Markets; and
    11. Enter into agreements to invest in overseas warehouses for the 
purpose of storing exported Products until transferred to the foreign 
purchaser, or to invest in overseas facilities for the purpose of 
making minor product or packaging modifications necessary to insure 
compatibility of the Product with the requirements of the foreign 
market.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
Goff-Chem, 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. Goff-Chem, Inc. 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.

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 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, l4th Street and Constitution 
Avenue, N.W., Washington, D.C. 20230.

    Dated: October 31, 1997.
Morton Schnabel,
Acting Director, Office of Export Trading Company Affairs.
[FR Doc. 97-29434 Filed 11-6-97; 8:45 am]
BILLING CODE 3510-DR-P