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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: December 8, 2006 (Volume 71, Number 236)]

[Notices]

[Page 71134-71135]

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

[DOCID:fr08de06-49]

 

 

DEPARTMENT OF COMMERCE

 

International Trade Administration

 

Export Trade Certificate of Review

 

ACTION: Notice of Application to Amend an Export Trade Certificate of

Review.

 

 

SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade

Administration, Department of Commerce, has received an application to

amend an Export Trade Certificate of Review (``Certificate''). This

notice summarizes the proposed amendment and requests comments relevant

to whether the Certificate should be issued.

 

FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, 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. 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 whether an amended 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: Export Trading Company Affairs,

International Trade Administration, U.S. Department of Commerce, Room

7021-B H, Washington, DC 20230. 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 05-2A001.'' A

summary of the application for an amendment follows.

 

Summary of the Application

 

Applicant: Central America Poultry Export Quota, Inc. (``CA-PEQ''),

901 New York Avenue, NW., Third Floor, Washington, DC 20001-4413.

Contact: Kyd D. Brenner, Partner, DTB Associates, LLP, Telephone:

(202) 661-7098.

Application No.: 05-2A001.

Date Deemed Submitted: November 28, 2006.

The original CA-PEQ Certificate was issued on January 30, 2006 (71

FR 6753, February 9, 2006) and last amended on July 11, 2006 (71 FR

40076, July 14, 2006).

 

Proposed Amendment

 

1. CA-PEQ seeks to amend the Export Trade Activities and Methods of

Operation section of its certificate at part 2 (Implementation), F

(Contents of Bid), first sentence, (ii) from: the quantity of poultry

bid, in an amount that is a multiple of 25 metric tons to: the quantity

of poultry bid, with a minimum bid of one metric ton.

2. CA-PEQ seeks to allow for the public disclosure of the following

two additional pieces of information regarding the result of its public

tender process: (a) The average bid price for all successful bids; and

(b) the names of the successful bidders. This change would be reflected

by amending the Export Trade Activities and Methods of Operation

section of its certificate at part 2 (Implementation), H

(Confidentiality of Information) from: The Administrator shall treat

all bids and their contents as confidential. The Administrator shall

disclose any such information only to another neutral third party or

authorized government official of the United States, El Salvador,

Guatemala, Honduras or Nicaragua, signatories to the DR-CAFTA, and only

where necessary to ensure the effective operation of the TRQ System or

where required by law (including appropriate disclosure in connection

with the arbitration of a dispute). However, after the issuance of all

TRQ Certificates from an open-tender process, the Administrator shall

notify all bidders and shall disclose publicly (i) the total tonnage

for which TRQ Certificates were awarded, and (ii) the lowest price per

metric ton of all successful bids to: The Administrator shall treat all

bids and their contents as confidential. The Administrator shall

disclose any such information only to another neutral third party or

authorized government official of the United States, El Salvador,

Guatemala, Honduras or Nicaragua, signatories to the DR-CAFTA, and only

where necessary to ensure the effective operation of the TRQ System or

where required by law (including appropriate disclosure in connection

with the arbitration of a dispute). However, after close of each open-

tender process the Administrator shall notify all bidders and shall

disclose publicly (i) the total tonnage for which TRQ certificates were

awarded, (ii) the lowest price per metric

 

[[Page 71135]]

 

ton of all successful bids, (iii) the average price per metric tons for

all successful bids, and (iv) the names of the winning bidders.

 

Dated: December 4, 2006.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E6-20904 Filed 12-7-06; 8:45 am]

 

BILLING CODE 3510-DR-P

 



Last Updated: 7/29/13 8:31 PM