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

[Federal Register: November 5, 2003 (Volume 68, Number 214)]

[Notices]

[Page 62561-62563]

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

[DOCID:fr05no03-37]

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: 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 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. 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 of 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: Office of Export Trading Company

Affairs, International Trade Administration, Department of Commerce,

Room 1104H, Washington, DC 20230, or transmitted by e-mail to oetca@ita.doc.gov. Information submitted by any person is exempt from

[[Page 62562]]

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 03-00007.'' A

summary of the application follows.

Summary of the Application

Applicant: The Great Lakes Fruit Exporters Association, LLC,

(GLFEA), 4949 North Branch Road, Benton Harbor, MI 49022, Contact:

Denise Yockey, Telephone: (517) 336-4626.

Application No.: 03-00007.

Date Deemed Submitted: October 21, 2003.

GLFEA is a Limited Liability Company formed under the laws of the

state of Michigan. Members (in addition to applicant): Greg Orchards

and Produce, Inc. Benton Harbor, MI; Riveridge Produce Marketing, Inc.,

Sparta, MI; North Bay Produce, Inc., Traverse City, MI; Applewood

Orchards, Inc., Deerfield, MI; Heeren Brothers Inc., d/b/a/ Heeren

Brothers Produce, Grand Rapids, MI; Greenridge Fruit, Inc., Grand

Rapids, MI; Jack Brown Produce, Inc., Sparta, MI; BelleHarvest Sales,

Inc., Belding, MI; A.J.'s Produce Inc., Casnovia, MI; Appltree

Marketing LLC, Ada, MI.

GLFEA seeks a Certificate to cover the following specific Export

Trade, Export Markets, and Export Trade Activities and Methods of

Operations.

Export Trade

1. Products

Fresh Apples.

2. Services

All export-related services, including, but not limited to,

international market research, marketing, advertising, sales promotion,

brokering, handling, transportation, common marking and identification,

communication and processing of foreign orders to and for Members,

financing, export licensing and other trade documentation, warehousing,

shipping, legal assistance, foreign exchange and taking title to goods.

3. Technology Rights

Technology Rights, including, but not limited to, patents,

trademarks, copyrights and trade secrets that relate to Products and

Services.

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 and assistance relating to: Government relations;

State and Federal export programs; foreign trade and business protocol;

consulting; market research and analysis; collection of information on

trade opportunities; marketing; negotiations; joint ventures; shipping

and 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

services; and the formation of shippers' associations.

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

1. With respect to the sale of Products and Services, licensing of

Technology Rights and provisions of Export Trade Facilitation Services,

GLFEA on its own or on behalf of any of its members may:

a. Establish sale prices, minimum sale prices, target sale prices

and/or minimum target sale prices and other terms of sale in export

markets;

b. Conduct marketing and distribution of fresh apples in export

markets;

c. Conduct promotion of fresh apples;

d. Agree on quantities of fresh apples to be sold provided that

each member shall be required to dedicate only that quantity or

quantities as each Member shall independently determine.

e. Allocate geographic areas or countries in the export markets

and/or customers in export markets among members.

f. Refuse to quote prices for fresh apples, or to market or sell

fresh apples, to or for any customers in the export markets, or any

countries or geographic areas in the export markets.

g. Enter into exclusive and nonexclusive agreements appointing one

or more export intermediaries for the sales of fresh apples with price,

quantity, territorial and/or customer restrictions as provided above.

2. GLFEA and it Members may exchange and discuss the following

information:

a. Information about sale and marketing efforts for the export

markets, activities and opportunities for sales of fresh apples 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 fresh apples, customary

terms of sale in the export markets, prices and availability of fresh

apples from competitors for sale in the export markets, and

specifications for fresh apples by customers in the export markets.

b. Information about the price, quality, quantity, source, and

delivery dates of fresh apples 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 The Great Lakes

Fruit Exporters Association and its Members.

d. Information about joint bidding or selling arrangements for the

export markets and allocations of sales resulting from such

arrangements among the Members.

e. Information about expenses specific to exporting to and within

the export markets, including without limitation, transportation,

trans-or intermodel shipments, insurance, inland freights 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 The Great Lakes Fruit Exporters Association or

its Members' export operations, including without limitation, sales and

distribution networks established by The Great Lakes Fruit Exporters

Association or its Members in the export markets, and prior export

sales by Members (including export price information).

h. Information about export customer credit terms and credit

history.

3. The Great Lakes Fruit Exporters Association and its Members may

meet to engage in the activities described in paragraphs 1 and 2 above.

Definitions

1. ``Supplier'' means a person who produces, provides, or sells a

Product and/or Service.

[[Page 62563]]

Dated: October 29, 2003.

Jeffrey C. Anspacher,

Director, Office of Export Trading Company Affairs.

[FR Doc. 03-27722 Filed 11-4-03; 8:45 am]

BILLING CODE 3510-DR-P

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