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Export Trading Company Affairs (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: June 29, 2001 (Volume 66, Number 126)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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 firstname.lastname@example.org.
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
email@example.com. 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 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.
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).
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.
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;
(c) Solicit suppliers to offer/sell Products through the certified
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
(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
(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 Intermediary means a person who acts as distributor, sales
representative, sales or marketing agent, or broker, or who performs
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