[Federal Register: July 14, 2000 (Volume 65, Number 136)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Aadministration
[Application No. 00-00003]
Export Trade Certificate of Review
AGENCY: International Trade Administration, Department of Commerce.
ACTION: Notice of Issuance of an Export Trade Certificate of Review.
SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to North American Fruit Trading Alliance, L.L.C.
(``NAFTA''). This notice summarizes the conduct for which certification
has been granted.
Export Trading Company Affairs, International Trade Administration,
202-482-5131. This is not a toll-free number.
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 (1999).
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 a Certificate in the Federal
Register. Under Section 305 (a) of the Act and 15 CFR 325.11(a), any
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
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 and 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).
Members (Within the Meaning of Section 325.2(1) of the Regulations)
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., Omena, MI.
Export Trade Activities and Methods of Operation
NAFTA and its Members may engage in the following activities with
respect to Export Markets:
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. Enter into exclusive distribution agreements in Export Markets
for Products and/or Technology Rights with 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
``Member'' means a person who has membership in NAFTA and who has
been certified as a ``Member'' within the meaning of Section 325.2(l)
of the Regulations.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
neither NAFTA nor any Member shall intentionally disclose, directly or
indirectly, to any other Member or Supplier any information that is
about its or any other Member's or Supplier's costs, production,
capacity, inventories, domestic prices, domestic sales, terms of
domestic marketing or sale, or U.S. business plans, strategies, or
unless (1) such information is already generally available to the trade
or public, or (2) the information disclosed is a necessary term or
condition (e.g., price, time required to fill an order, etc.) Of an
actual or potential bona fide sale and the disclosure is limited to the
prospective purchasing Member.
2. Meetings at which NAFTA allocates export sales among Members and
establishes export prices shall not be open to the public.
3. Participation by a Member in any Export Trade Activity or Method
of Operation under this Certificate shall be entirely voluntary as to
that Member, subject to the honoring of contractual commitments for
sales of Products, Services or Technology Rights in specific export
transactions. A Member may withdraw from coverage under this
Certificate at any time by giving written notice to NAFTA, a copy of
which NAFTA shall promptly transmit to the Secretary of Commerce and
the Attorney General.
4. NAFTA and the Members will comply with requests made by the
Secretary of Commerce on behalf of the Secretary or the Attorney
General for information or documents relevant to conduct under the
Certificate. The Secretary of Commerce will request such information or
documents when either the Attorney General or the Secretary believes
that the information or documents are required to determine that the
Export Trade, Export Trade Activities and Methods of Operation of a
person protected by this Certificate of Review continue to comply with
the standards of section 303(a) of the Act.
5. Each Member shall determine independently the quantities of
Products it will offer to export or sell through NAFTA. NAFTA may not
require any Member to accept any order for sale or to export any
minimum quantity of Products.
Protection Provided by the Certificate
This Certificate protects NAFTA, its Members and their directors,
officers, and employees acting on their behalf, from private treble
damage actions and governmental criminal and civil suits under U.S.
federal and state antitrust laws for the export conduct specified in
the Certificate and carried out during its effective period in
compliance with its terms and conditions.
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, N.W., Washington, DC 20230.
Dated: July 11, 2000.
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-17909 Filed 7-13-00; 8:45 am]
BILLING CODE 3510-DR-U