[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Notices]
[Pages 11842-11843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5388]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 10-00002]
Export Trade Certificate of Review
ACTION: Notice of Application (10-00002) for an Export Trade
Certificate of Review from EFS International Corporation/DBA: EFS
Global Trade and Export (``EFS'').
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SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade
Administration, Department of Commerce, has received an application for
an Export Trade Certificate of Review (``Certificate''). This notice
summarizes the conduct for which certification is sought and requests
comments relevant to whether the Certificate should be issued.
FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of
Competition and Economic Analysis, International Trade Administration,
by telephone at (202) 482-5131 (this is not a toll-free number) or E-
mail at [email protected].
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. An Export Trade Certificate
of Review protects the holder and the members identified in the
Certificate from state and federal government antitrust actions and
from private treble damage antitrust actions for the export conduct
specified in the Certificate and carried out in compliance with its
terms and conditions. Section 302(b)(1) of the Export Trading Company
Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a
notice in the Federal Register identifying the applicant and
summarizing its proposed export conduct.
Request for Public Comments
Interested parties may submit written comments relevant to the
determination whether a Certificate should be issued. If the comments
include any privileged or confidential business information, it must be
clearly marked and a nonconfidential version of the comments
(identified as such) should be included. Any comments not marked
privileged or confidential business information will be deemed to be
nonconfidential. An original and five (5) copies, plus two (2) copies
of the nonconfidential version, should be submitted no later than 20
days after the date of this notice to: Export Trading Company Affairs,
International Trade Administration, U.S. Department of Commerce, Room
7021-X H, Washington, DC 20230, or transmit by E-mail at
[email protected]. Information submitted by any person is exempt from
disclosure under the Freedom of Information Act (5 U.S.C. 552).
However, nonconfidential versions of the comments will be made
available to the applicant if necessary for determining whether or not
to issue the Certificate. Comments should refer to this application as
``Export Trade Certificate of Review, application number 10-00002.'' A
summary of the application follows.
Summary of the Application
Applicant: EFS International Corporation/DBA: EFS Global Trade and
Export (``EFS''), 102 E 3rd Avenue, Newark, NJ 07104-2706.
Contact: Mr. Francisco J. Salcedo, Telephone: (973) 336-7026.
Application No.: 10-00002.
Date Deemed Submitted: February 26, 2010.
Members: None.
The applicant (EFS) seeks a Certificate of Review 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. Product
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
[[Page 11843]]
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, EFS International, 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 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; and taking title
to when provided in order to facilitate the export of goods or services
produced in the United States;
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. EFS International 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
EFS International with its distributors in Export Markets.
IV. Terms and Conditions
1. In engaging in Export Trade Activities and Methods of Operation,
EFS International 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. EFS International 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.
Definition
``Supplier'' means a person who produces, provides, or sells
Products, Services, and/or Technology Rights.
Dated: March 8, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-5388 Filed 3-11-10; 8:45 am]
BILLING CODE 3510-DR-P