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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: April 18, 2000 (Volume 65, Number 75)]
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: Morton Schnabel, Director, Office of
Export Trading Company Affairs, International Trade Administration,
(202) 482-5131 (this is not a toll-free number) or E-mail at
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 firstname.lastname@example.org. 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 00-00003.'' A summary of the application follows.
Summary of the Application
Applicant: North America Fruit Trading Alliance, L.L.C.
(``NAFTA''), PO Box 574, Frankfort, Michigan 49635.
Contact: Donald W. Nugent, President, Telephone: (231) 352-7181.
Application No.: 00-00003.
Date Deemed Submitted: April 10, 2000.
Members (in addition to applicant): Graceland Fruit, Inc.,
Frankfort, MI; Burnette Foods, Inc., Elk Rapids, MI; Milne Fruit
Products, Inc., Prosser, WA (Controlling Entity: Ocean Spray
Cranberries, Inc., Lakeville, MA); and Northern Michigan Fruit Co.,
NAFTA seeks a Certificate to cover the following specific Export
Trade, Export Markets, and Export Trade Activities and Methods of
Processed red cherries (prunus cerasus); cherry products including
but not limited to cherry pie filling, water pack cherries, cherry
juice concentrate, dried cherries, frozen pack cherries, individually
quick frozen cherries, cherry sausage, cherry jams, jellies an sauces.
Processed sweet cherries including but not limited to individually
quick frozen and stored in freezer (IQF); cherries canned in water,
light syrup, heavy syrup, extra heavy syrup or as a pie fill; and juice
from sweet cherries.
2. Technology Rights
Patents, trademarks, service marks, copyrights, trade secrets,
know-how, and semiconductor mask works, involving cherry processing.
3. Export Trade Facilitation Services (as they Relate to the Export of
Products and Technology Rights)
Trade promotion, marketing, sales, and transportation services
(including packing, transportation, wharfing and handling, trade
documentation, freight forwarding, storage, and customs clearance).
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).
The proposed Export Trade Certificate of Review would extend
antitrust protection to NAFTA to conduct the following export trade
1. Negotiate and enter into agreements with buyers in the Export
2. Negotiate and enter into agreements with foreign governments and
other persons in the Export Markets regarding the quantities, time
periods, prices, terms, and conditions upon which the Members will
export Products and/or Technology Rights through NAFTA.
3. Allocate export sales and/or Export Markets among the Members on
the basis of each Member's commitment of Products and/or Technology
Rights for export;
4. Establish prices and terms of sale for the Export Markets;
5. Use the NAFTA or other common brand or label;
6. Negotiate and enter into agreement, on behalf of and with the
advice of the Members, for the provision of Export Trade Facilitation
Services (including trade shows, advertising, and contract marketing
7. Share among the Members the cost of Export Trade Facilitation
8. Grant exclusive distribution rights in Export Markets for
Products and/or Technology Rights to non-Members; ``Exclusive'' means
that the non-Member distributor may agree not to represent any person
or firms other than NAFTA in the export of Products and/or Technology
Rights in any Export Markets; and/or NAFTA may agree not to export
Products and/or Technology Rights in any Export Market through any
distributor other than that non-Member distributor;
9. Advise and cooperate with the United States Government or any
agency of the United States Government in establishing procedures
regulating the export of Products and/or Technology Rights; and
10. Conduct product research and design for Products (and develop,
obtain, and license associated Technology Rights) only when conducted
exclusively for export, including meeting foreign regulatory
requirements and foreign buyers specifications, and identifying and
designing for foreign buyer preferences; provided, however, that the
Export Trade Activities and Methods of Operation do not cover activity
that relates to the use of Technology Rights for the U.S. domestic
``Supplier'' means a person, including each member, who produces,
provides, or sells Products, Technology Rights, or Export Trade
Dated: April 12, 2000.
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-9493 Filed 4-17-00; 8:45 am]
BILLING CODE 3510-DR-P