45210 Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 

it have an X–ray tube power high 

enough to penetrate metal alloy 

specimens. It must also have a relatively 

high resolution. Application accepted 

by Commissioner of Customs: July 17, 

2008. 

Date July 29, 2008. 

Faye Robinson, 

Director, Statutory Import Programs Staff, 

Import Administration. 

[FR Doc. E8–17805 Filed 8–1–08; 8:45 am] 

BILLING CODE 3510–DS–S 

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). 

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-toone 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 


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Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / Notices 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic from the People’s 

Republic of China: Extension of Time 

Limit for the Preliminary Results of 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: August 4, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Scott Lindsay, AD/CVD Operations, 

Office 6, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue, NW, 

Washington DC 20230; telephone: (202) 

482–0780. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 27, 2007, the 

Department of Commerce 

(‘‘Department’’) published a notice of 

initiation of an administrative review of 

fresh garlic from the People’s Republic 

of China (‘‘PRC’’), covering the period 

November 1, 2006, through October 31, 

2007. See Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews, 72 FR 73315 (December 27, 

2007). On March 28, 2008, after 

receiving quantity and value and 

separate rate responses, the Department 

selected the mandatory respondents for 

this review. The preliminary results of 

this administrative review are currently 

due on August 1, 2008. 

Extension of Time Limit for Preliminary 

Results 

Pursuant to section 751(a)(3)(A) of the 

Tariff Act of 1930, as amended (the Act), 

the Department shall issue preliminary 

results in an administrative review of an 

antidumping duty order within 245 

days after the last day of the anniversary 


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