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

[Federal Register: March 12, 2004 (Volume 69, Number 49)]

[Notices]

[Page 11835-11837]

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

[DOCID:fr12mr04-29]

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

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

Application No. 03-00008.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to the California Pistachio Export Council, LLC

(``CPEC''). This notice summarizes the conduct for which certification

has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, 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. 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 (2003).

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 the certification 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

Export Trade

1. Products

California in-shell and shelled pistachios, raw and roasted, in all

forms.

2. Export Trade Facilitation Services (as They Relate to the Export of

Products)

All export trade-related facilitation services, including but not

limited to: Development of trade strategy; sales, marketing, and

distribution; foreign market development; promotion; and all aspects of

foreign sales transactions, including export brokerage, freight

forwarding, transportation, insurance, billing, collection, trade

documentation, and foreign exchange; customs, duties, and taxes; and

inspection and quality control.

[[Page 11836]]

Export Markets

The Export Markets include all parts of the world except the United

States (the 50 states of the United States, the District of Columbia,

the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa,

Guam, the Commonwealth of theNorthern Mariana Islands, and the Trust

Territory of the Pacific Islands).

Export Trade Activities and Methods of Operation

1. CPEC and/ or one or more of its Members, including through

Export Intermediaries (to the extent provided in section 1.g) may:

a. Export Sales Price. Establish sales price, minimum sales price,

target sales price and/or minimum target sales price, and other terms

of sale in the Export Markets;

b. Marketing and Distribution. Conduct marketing and distribution

of Products in the Export Markets;

c. Promotion. Conduct joint promotion of Products in the Export

Markets;

d. Quantities. Agree on quantities of Products to be sold in the

Export Markets, provided each Member shall be required to dedicate only

such quantity or quantities as each such Member shall independently

determine. CPEC shall not require any Member to export a minimum

quantity;

e. Market and Customer Allocation. Allocate geographic areas or

countries in the Export Markets and/or customers in the Export Markets

among Members;

f. Refusals to Deal. Refuse to quote prices for Products, or to

market or sell Products, to or for any customers in the Export Markets,

or any countries or geographical areas in the Export Markets;

g. Exclusive and Nonexclusive Export Intermediaries. Enter into

exclusive and nonexclusive agreements appointing one or more Export

Intermediaries for the sale of Products with price, quantity,

territorial and/or customer restrictions as provided in sections 1.a

through 1.f, inclusive, above;

h. Non-Member Activities. Purchase Products from non-Members to

fulfill specific sales obligations in the Export Markets, provided that

CPEC and/or its Members shall make such purchases only on a

transaction-by-transaction basis and when the Members are unable to

supply, in a timely manner, the requisite Products at a price

competitive under the circumstances. Such purchases shall be made

through a third party broker, and neither CPEC nor any Member shall

directly contact any non-Member supplier in connection with such

purchases. In no event shall a non-Member supplier be included in any

deliberations concerning any Export Trade Activities; and

i. Transportation Activities. Negotiate favorable transportation

rates (volume discounts) and consolidate shipments to or within the

Export Markets.

2. CPEC and its Members may exchange and discuss the following

information:

a. Information about sales and marketing efforts for the Export

Markets, activities and opportunities for sales of Products 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, customary terms

of sale in the Export Markets, prices and availability of Products from

competitors for sale in the Export Markets, and specifications for

Products by customers in the Export Markets;

b. Information about the price, quality, source, and delivery dates

of Products available from the Members to export;

c. Information about terms and conditions of contracts for sale in

the Export Markets to be considered and/or bid on by CPEC and its

Members;

d. Information about joint bidding or selling arrangements for the

Export Markets;

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 federal marketing order programs, affecting sales for the

Export Markets;

g. Information about CPEC or its Members' export operations,

including without limitation, sales and distribution networks

established by CPEC or its Members in the Export Markets, and prior or

current export sales by individual Members (including export price

information); and

h. Information about export customer credit terms and credit

history.

3. CPEC and its Members may meet to engage in the activities

described in paragraphs 1 and 2 above.

4. CPEC may, on a transaction by transaction basis, join with any

or all of the Members to bid for the sale of, and to sell, Products to

the Export Markets.

5. On a transaction by transaction basis, for the purposes of

allocating export quantities, the quantity that CPEC and/or one or more

of its Members will commit to the sale will be determined in the

following manner:

a. CPEC and the participating Member(s) or non-Member(s) will,

without prior consultation, provide above-described quantity data to an

Independent Third Party.

b. The Independent Third Party will independently incorporate such

information into the joint sales or bid agreement. For the purposes of

this provision, ``independently'' means that the Independent Third

Party will not disclose the information obtained from CPEC to another

Member, non-Member and/or CPEC.

c. Neither CPEC nor any participating Member shall intentionally

obtain the information described in 5(a) above from the Independent

Third Party.

Definitions

1. ``Export Intermediary'' means a person (including a Member) who

acts as a distributor, sales representative, sales or marketing agent,

or broker, or who performs similar functions, including providing, or

arranging for, the provision of Export Trade Facilitation Services.

2. ``Independent Third Party'' shall mean any individual,

partnership, corporation (public or non-public) or other entity

(hereinafter referred to as ``entity''), or any representative thereof,

that is not an officer, director, principal, affiliate, subsidiary or

employee of CPEC or any entity that grows, processes, packs, or handles

Products.

3. ``Member'' means a person who has membership in the CPEC Export

Trade Certificate of Review and who has been certified as a ``Member''

within the meaning of section 325.2(l) of the Regulations (15 CFR

325.2(l) (2003), (currently as set out in Attachment A and incorporated

by reference).

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: March 8, 2004.

Jeffrey C. Anspacher,

Director, Office of Export Trading Company Affairs.

Attachment A

Members (within the meaning of section 325.2(l) of the

Regulations):

A&P Growers Cooperative, Inc.

Gold Coast Pistachios, Inc.

Keenan Farms, Inc.

Monarch Nut Company

Nichols Pistachio

Primex Farms, LLC

[[Page 11837]]

Setton Pistachio of Terra Bella, Inc.

[FR Doc. 04-5582 Filed 3-11-04; 8:45 am]

BILLING CODE 3510-DR-P

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