Federal Register, Volume 76 Issue 54 (Monday, March 21, 2011)

[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Pages 15294-15295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6177]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 10-00005]


Export Trade Certificate of Review

ACTION: Notice of issuance of an Export Trade Certificate of Review to 
ARC Industries Ltd. (``ARC'') (Application 10-00005).

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

SUMMARY: On March 7, 2011, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to ARC Industries Ltd. (``ARC''). 
This notice summarizes the conduct for which certification has been 
granted.

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. The regulations implementing 
Title III are found at 15 CFR part 325 (2010). The U.S. Department of 
Commerce, International Trade Administration, Office of Competition and 
Economic Analysis (``OCEA'') is issuing this notice pursuant to 15 CFR 
325.6(b), which requires the Secretary of Commerce to publish a summary 
of the issuance in the Federal Register. Under Section 305(a) of the 
Export Trading Company Act (15 U.S.C. 4012(b)(1)) 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

    ARC 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.
    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 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; 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; licensing of technology; transportation; and facilitating 
the formation of products and services 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, ARC may, subject to the terms and conditions listed below:
    a. Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    b. Engage in promotional and marketing activities and 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 and 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 and services and/or 
technology rights;
    f. Allocate export orders among Suppliers;
    g. Establish the price of products and services and/or technology 
rights for sales and/or licensing in Export Markets; and
    h. Negotiate, enter into, and/or manage licensing agreements for 
the export of technology rights.
    2. ARC 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 ARC with its 
distributors in Export Markets.

IV. Terms and Conditions

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

[[Page 15295]]

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 11, 2011.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2011-6177 Filed 3-18-11; 8:45 am]
BILLING CODE 3510-DR-P