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

[Federal Register: September 25, 2001 (Volume 66, Number 186)]

[Notices]

[Page 49000-49002]

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

[DOCID:fr25se01-27]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review,

Application No. 01-00003.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to Sun Valley Rice Co., LLC. (``Sun Valley''),

Arbuckle, California, effective September 19, 2001. This notice

summarizes the conduct for which certification has been granted.

FOR FURTHER INFORMATION CONTACT: Vanessa M. Bachman, Acting Director,

Office of Export Trading Company Affairs, International Trade

Administration, 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. 4001 et seq.) authorizes the Secretary of Commerce

to issue Export Trade Certificates of Review. The regulations

implementing Title III are found at 15 CFR part 325 (2000).

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

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

I. Export Trade

1. Products

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

under milled, or unpolished rice, coated rice, oiled rice, enriched

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

brewers rice, screenings, rice flour, rice hulls).

2. Services

All services related to the export of Products.

[[Page 49001]]

3. Technology Rights

All intellectual property rights associated with Products or

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

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)

Export Trade Facilitation Services, including, but not limited to:

Consulting and trade strategy, arranging and coordinating delivery of

Products to port of export; arranging for inland and/or ocean

transportation; allocating Products to vessel; arranging for storage

space at port; arranging for warehousing, stevedoring, wharfage,

handling, inspection, fumigation, freight forwarding; insurance and

financing; documentation and services related to compliance with

customs' requirements; sales and marketing; export brokerage; foreign

marketing and analysis; foreign market development; overseas

advertising and promotion; Products research and design based upon

foreign buyer and consumer preferences; inspection and quality control;

shipping and export management; export licensing; provisions of

overseas sales and distribution facilities and overseas sales staff;

legal; accounting and tax assistance; development and application of

management information systems; trade show exhibitions; professional

services in the area of government relations and assistance with

federal and state export assistance programs (e.g., Export Enhancement

and Market Promotion programs); joint ventures; invoicing(billing)

foreign buyers; collecting (letters of credit and other financial

instruments) payment for Products; and arranging for payment of

applicable commissions and fees.

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

To engage in Export Trade in the Export Markets, The Sun Valley

Rice Company, LLC, on a transaction-by-transaction basis, may:

1. 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;

2. Confer with Suppliers, on a one-to-one basis, about the

possibility of offers to and purchases by Sun Valley for a specific

export sales opportunity;

3. Solicit Suppliers to offer/sell Products through the certified

activities of Sun Valley Rice Company, LLC;

4. Solicit orders from potential foreign distributors and

purchasers for sale of Products in Export Markets;

5. Prepare and submit offers of Products to potential foreign

distributors, purchasers, and other entities for sale in Export

Markets;

6. Establish the price and quantity of Products for sale in Export

Markets and set other terms for any export sale;

7. Negotiate and enter into agreements for sale of products in

Export Markets;

8. Enter into agreements to purchase Products from one or more

Suppliers to fulfill specific sale obligations, which may include

agreements whereby Suppliers agree to deal exclusively with Sun Valley

Rice Company, LLC, for sale of the Products in a particular Export

Market or Markets and/or whereby Sun Valley Rice Company, LLC, agrees

to purchase exclusively any particular Supplier's (or Suppliers')

Products for resale in the Export Market;

9. Assign sales of Products to, and/or divide export orders among,

Suppliers or other persons based on orders, export markets,

territories, customers, or any other basis Sun Valley Rice Company, LLC

deems fit;

10. Broker and take title to the Products;

11. 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 Rice Company, LLC, 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 Rice Company, LLC and/or agrees not to

purchase from Sun Valley Rice Company, LLC's, competitors in any Export

Market, unless so authorized;

12. Apply for and utilize government export assistance and

incentive programs;

13. Participate in the bidding process and award of tender proceeds

under ``The Association for the Administration of Rice Quotas, Inc.''

(part of the US/EU Enlargement Agreement) as may be amended or

succeeded providing for EU rice tarriff-rate quotas signed on July 22,

1996;

14. Refuse to purchase Products or provide information regarding

export sales of Products to any Supplier(s) or other entities for any

reason Sun Valley Rice Company, LLC, deems fit;

15. Refuse to sell Products, to quote prices of Products, to

provide information regarding Products, or to market or to sell

Products to any customers or distributors in the Export Markets, or in

any countries or geographic areas in the Export Markets; and

16. Meet with Suppliers or other entities periodically to discuss

general matters specific to the activities approved in this certificate

(not related to price and supply arrangements between Applicant 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.

IV. Definitions

``Supplier'' means a person that produces, provides, or sells

Products and/or Services.

``Export Intermediary'' means a person who acts as distributor,

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

performs similar functions including or arranging for the provision of

Export Trade Facilitation Services.

V. Terms and Conditions of Certificate

1. In engaging in the above Export Trade Activities and Methods of

Operation, The Sun Valley Rice Company, LLC, shall not intentionally

disclose, directly or indirectly, to any Supplier, any information

about any other Supplier's costs, production, capacity, inventories,

domestic prices, domestic sales, terms of domestic marketing or sales,

or U.S. business plans, strategies, or methods that is not already

generally available to the trade or public.

2. The Sun Valley Rice Company, LLC, 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 believes

that the information or documents are required to determine that the

Export Trade and/or the Export Trade Activities and Methods of

[[Page 49002]]

Operation of a person protected by this Certificate of Review continue

to comply with the standards of section 303(a) of the Act.

VI. Protection Provided by Certificate

This Certificate protects The Sun Valley Rice Company, LLC, 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. 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, 14th Street and Constitution Avenue, NW., Washington, DC

20230.

Dated: September 20, 2001.

Vanessa M. Bachman,

Acting Director, Office of Export Trading Company Affairs.

[FR Doc. 01-23965 Filed 9-24-01; 8:45 am]

BILLING CODE 3510-DR-P

Last Updated: 8/25/15 5:46 PM