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

[Federal Register: October 16, 2002 (Volume 67, Number 200)]

[Notices]

[Page 63888-63889]

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

[DOCID:fr16oc02-46]

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,

(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. 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 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 02-00003.'' A

summary of the application follows.

Summary of the Application

Applicant: Corn Refiners Association, Inc. (``CRA''), 1701

Pennsylvania Avenue, NW., Suite 950, Washington, DC 20006.

Contact: M. Jean Anderson, Counsel, Telephone: (202) 682-7217.

Application No.: 02-00003.

Date Deemed Submitted: October 2, 2002.

Members (in addition to the applicant): A.E. Staley Manufacturing

Company, Decatur, Illinois (subsidiary of Tate & Lyle plc, London,

United Kingdom); Archer Daniels Midland Company, Decatur, Illinois;

Cargill, Incorporated, Minneapolis, Minnesota; Corn Products

International, Inc., Westchester, Illinois; National Starch and

Chemical Company, Bridgewater, New Jersey (subsidiary of ICI plc,

London, United Kingdom); Penford Corporation, Bellevue, Washington; and

Roquette America, Inc., Keokuk, Iowa (subsidiary of Roquette

Fr[egrave]res, Lestrem, France). CRA seeks a Certificate to cover the

following specific Export Trade, Export Markets, and Export Trade

Activities and Methods of Operations.

Export Trade

Product

High fructose corn syrup (``HFCS''), a sweetener derived from the

corn wet milling process. HFCS takes the following forms: 42 percent

fructose (item 1702.40 of the U.S. Harmonized Tariff Schedule (HTS));

55 percent fructose and enriched HFCS (greater than 55 percent

fructose) (item 1702.60 of the HTS); and crystalline fructose (item

1702.50 of the HTS).

Export Markets

HFCS will be exported only to Mexico.

Purpose

The CRA will manage the system for allocating rights to ship under

tariff-rate quotas (TRQs) permitting duty-free entry of U.S. HFCS into

Mexico.

Organization and Membership

The CRA, a not-for-profit Delaware corporation, is a trade

association for the corn refining industry. Its membership includes all

U.S. producers of HFCS. Under the CRA bylaws, any U.S. entity engaged

in the United States in the production and distribution of products

produced from corn by the wet milling process (e.g., corn starch, corn

syrup, corn sugar, corn alcohol) is eligible for membership in the CRA.

TRQ Administrator

The CRA shall contract with an independent third party who is not

engaged in the production, distribution or sale of HFCS to administer

the TRQ System. The third party Administrator will be subject to

general oversight and supervision by the Board of Directors of the CRA.

TRQ System

The Administrator shall allocate TRQ rights based on each member's

U.S. HFCS share of total U.S. HFCS production capacity. In accordance

with those allocations, the Administrator shall issue certificates

(``TRQ Certificates'') to members evidencing the right to ship

specified quantities of U.S. HFCS duty-free to Mexico. TRQ Certificates

shall be freely transferable.

Confidential Information

Any confidential information submitted by an applicant for

membership, by a member, or by any other person in connection with the

TRQ System shall be marked ``confidential'' and submitted to the

Administrator, who shall maintain its confidentiality. The

Administrator shall not disclose such confidential

[[Page 63889]]

information to any member other than the submitter, or to any officers,

agents, or employees of any member other than the submitter, and shall

not disclose such confidential information to any other person except

to another neutral third party as necessary to make the determination

for which the information was submitted, to allocate TRQ quantities, or

in connection with reports to the U.S. Department of Commerce as

required by the Export Trade Certificate of Review or the arbitration

of a dispute.

Cooperation With the U.S. and Mexican Governments

The CRA will provide whatever information and consultations may be

necessary to facilitate cooperation between the U.S. Government and the

Government of Mexico concerning the implementation and operation of the

TRQ System. Furthermore, directly or through the U.S. Government, the

CRA will endeavor to accommodate any information requests from the

Government of Mexico (while protecting confidential information

entrusted to the Administrator), and will consult with the Government

of Mexico as appropriate.

Miscellaneous Implementing Provisions

The CRA and/or its members may (i) meet, discuss and provide for an

administrative structure to implement the TRQ management system, assess

its operations and provide modifications as necessary to improve its

workability, (ii) meet, exchange, and discuss information regarding the

structure and method for implementing the TRQ management system, (iii)

meet, exchange and discuss the types of information needed concerning

bilateral agreements between the U.S. and Mexican Governments, and any

resulting legislation or regulations, affecting the TRQ management

system, and (iv) otherwise meet, exchange and discuss information as

necessary to implement the activities described above and take the

necessary action to implement the foregoing TRQ management system.

Dated: October 10, 2002.

Jeffrey C. Anspacher,

Director, Office of Export Trading Company Affairs.

[FR Doc. 02-26321 Filed 10-15-02; 8:45 am]

BILLING CODE 3510-DR-P

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