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The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters

[Federal Register: June 29, 2001 (Volume 66, Number 126)]

[Notices]

[Page 34616-34618]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr29jn01-39]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of application.

SUMMARY: The Office of Export Trading Company Affairs (``OETCA''),

International Trade Administration, Department of Commerce, has

received an application for an Export Trade Certificate of Review. 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: Vanessa M. Bachman, Acting Director,

Office of 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 et seq.) authorizes the Secretary of

Commerce to issue Export Trade Certificates of Review. A 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 Act 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 copies, plus two copies of the

nonconfidential version, should be submitted no later than 20 days

after the date of this notice to: Office of Export Trading Company

Affairs, International Trade Administration, Department of Commerce,

Room 1104H, Washington, DC 20230, or transmit by E-mail at

oetca@ita.doc.gov. Information submitted by any person is exempt from

disclosure under the Freedom of

[[Page 34617]]

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 01-00003.'' A summary of the application follows.

Summary of the Application

Applicant: Sun Valley Rice Co., L.L.C. (``Sun Valley''), 7050 Eddy

Road, Arbuckle, California 95912.

Contact: Michael V. LaGrande, President.

Telephone: (530) 476-3000.

Application No.: 01-00003.

Sun Valley's previous application, No. 01-00002, was published for

comments on June 13, 2001 (66 FR 31894).

The applicant withdrew application on June 13, 2001, and this new

application was subsequently filed.

Date Deemed Submitted: June 21, 2001.

Export Trade

1. Products

California rice and rice products (rough rice, brown rice, milled

rice, undermilled or unpolished rice, coated rice, oiled rice, rice

bran, rice polish, head rice, broken rice, second head rice, brewers

rice, screenings, rice flour, and rice hulls).

2. Services

All services related to the export of Products.

3. Technology Rights

All intellectual property rights associated with Products or

Services, including, but not limited to: patents, trademarks, service

marks, trade names, copyrights, neighboring (related) rights, trade

secrets, know-how, and sui generis forms of protection for databases

and computer programs.

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:

consulting and trade strategy; sales and marketing; export brokerage;

foreign marketing and analysis; foreign market development; overseas

advertising and promotion; product research and design based on foreign

buyer and consumer preferences; documentation and services related to

compliance with customs requirements; joint ventures; inspection and

quality control; transportation; shipping and export management; export

licensing; insurance and financing; billing of foreign buyers;

collection (letters of credit and other financial instruments);

provision of overseas sales and distribution facilities and overseas

sales staff; legal; accounting and tax assistance; management

information systems development and application; trade show

exhibitions; professional services in the area of government relations

and assistance with state and federal export assistance programs, such

as the Export Enhancement and Market Promotion programs.

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

In connection with sales of Products for export, Sun Valley, on a

transaction-by-transaction basis, may:

(a) Exchange information with suppliers or other entities

individually regarding availability of and prices for Products for

export, and inventories and near-term production and delivery schedules

for purposes of determining the availability of Products for purchase

and export and coordinating export of Products with its distributors

and customers in the Export Markets;

(b) Confer with suppliers about the possibility of offers to and

purchases by Sun Valley for a specific export sales opportunity;

activities of Sun Valley;

(d) Solicit orders from potential foreign distributors and

purchasers for sale of Products in Export Markets;

(e) Prepare and submit offers of Products to potential foreign

distributors, purchasers or other entities for sale in Export Markets;

(f) Establish the price and quantity of Products for sale in Export

Markets and set other terms for any other sale;

(g) Negotiate and enter into agreements for sale of Products in

Export Markets;

(h) Enter into agreements to purchase Products from one or more

suppliers to fulfill specific sale obligations, which may be agreements

whereby suppliers agree to deal exclusively with Sun Valley for sale of

the Products in a particular Export Market or Markets and/or whereby

Sun Valley agrees to purchase exclusively any particular supplier's (or

suppliers'') Products for resale in the Export Market;

(i) Assign sales of Products to, and/or divide export orders among,

suppliers or other persons based on orders, Export Market, territories,

customers, or on any other basis Sun Valley deems fit;

(j) Broker and take title to the Product;

(k) Enter into agreements with one or more Export Trade

Intermediaries or export trade purchasers for the purchase of Products,

which may be agreements whereby Sun Valley agrees to deal exclusively

with an entity or customer in a particular Export Market, and/or by

which that customer or intermediary agrees to deal exclusively with Sun

Valley and/or agrees not to purchase from Sun Valley's competitors in

any Export Market, unless so authorized;

(l) Apply for and utilize applicable export assistance and

incentive programs which are available within government and private

sectors;

(m) Provide Export Trade Facilitation Services including, but not

limited to, arranging and coordinating delivery of Product to port of

export; arranging for inland and/or ocean transportation; allocating

Products to vessel; arranging for storage space at port; arrange for

warehousing, stevedoring, wharfage, handling, inspection, fumigation,

quality control, freight forwarding, insurance, and documentation;

invoicing foreign buyer; collecting payment for product; and arranging

for payment of applicable commissions and fees;

(n) Refuse to purchase Product or provide information regarding

export sales of Product to any supplier(s) or other entities for any

reason Sun Valley deems fit;

(o) Refuse to sell Product, to quote prices for Product, to provide

information regarding Product, or to market or sell Product to any

customers or distributors in the Export Markets, or in any countries or

geographical areas in the Export Markets; and

(p) Meet with suppliers or other entities periodically to discuss

general matters specific to exporting (not related to price and supply

arrangements between Sun Valley and the individual suppliers) such as

relevant facts concerning the Export Markets (e.g., demand conditions,

transportation costs and prices in the Export Markets), or the

possibility of joint marketing, bidding or selling arrangements in the

Export Markets.

Definition

Export Intermediary means a person who acts as distributor, sales

representative, sales or marketing agent, or broker, or who performs

similar

[[Page 34618]]

functions including providing or arranging for the provision of Export

Trade Facilitation Services.

Dated: June 26, 2001.

Vanessa M. Bachman,

Acting Director, Office of Export Trading, Company Affairs.

[FR Doc. 01-16455 Filed 6-28-01; 8:45 am]

BILLING CODE 3510-DR-P

Last Updated: 8/25/15 4:39 PM