[Federal Register: March 12, 2004 (Volume 69, Number 49)]
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 issuance of an Export Trade Certificate of Review,
Application No. 03-00008.
SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to the California Pistachio Export Council, LLC
(``CPEC''). This notice summarizes the conduct for which certification
has been granted.
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 email@example.com.
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 (2003).
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 the certification 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
California in-shell and shelled pistachios, raw and roasted, in all
2. Export Trade Facilitation Services (as They Relate to the Export of
All export trade-related facilitation services, including but not
limited to: Development of trade strategy; sales, marketing, and
distribution; foreign market development; promotion; and all aspects of
foreign sales transactions, including export brokerage, freight
forwarding, transportation, insurance, billing, collection, trade
documentation, and foreign exchange; customs, duties, and taxes; and
inspection and quality control.
The Export Markets include all parts of the world except the United
States (the 50 states of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa,
Guam, the Commonwealth of theNorthern Mariana Islands, and the Trust
Territory of the Pacific Islands).
Export Trade Activities and Methods of Operation
1. CPEC and/ or one or more of its Members, including through
Export Intermediaries (to the extent provided in section 1.g) may:
a. Export Sales Price. Establish sales price, minimum sales price,
target sales price and/or minimum target sales price, and other terms
of sale in the Export Markets;
b. Marketing and Distribution. Conduct marketing and distribution
of Products in the Export Markets;
c. Promotion. Conduct joint promotion of Products in the Export
d. Quantities. Agree on quantities of Products to be sold in the
Export Markets, provided each Member shall be required to dedicate only
such quantity or quantities as each such Member shall independently
determine. CPEC shall not require any Member to export a minimum
e. Market and Customer Allocation. Allocate geographic areas or
countries in the Export Markets and/or customers in the Export Markets
f. Refusals to Deal. Refuse to quote prices for Products, or to
market or sell Products, to or for any customers in the Export Markets,
or any countries or geographical areas in the Export Markets;
g. Exclusive and Nonexclusive Export Intermediaries. Enter into
exclusive and nonexclusive agreements appointing one or more Export
Intermediaries for the sale of Products with price, quantity,
territorial and/or customer restrictions as provided in sections 1.a
through 1.f, inclusive, above;
h. Non-Member Activities. Purchase Products from non-Members to
fulfill specific sales obligations in the Export Markets, provided that
CPEC and/or its Members shall make such purchases only on a
transaction-by-transaction basis and when the Members are unable to
supply, in a timely manner, the requisite Products at a price
competitive under the circumstances. Such purchases shall be made
through a third party broker, and neither CPEC nor any Member shall
directly contact any non-Member supplier in connection with such
purchases. In no event shall a non-Member supplier be included in any
deliberations concerning any Export Trade Activities; and
i. Transportation Activities. Negotiate favorable transportation
rates (volume discounts) and consolidate shipments to or within the
2. CPEC and its Members may exchange and discuss the following
a. Information about sales and marketing efforts for the Export
Markets, activities and opportunities for sales of Products in the
Export Markets, selling strategies for the Export Markets, sales for
the Export Markets, contract and spot pricing in the Export Markets,
projected demands in the Export Markets for Products, customary terms
of sale in the Export Markets, prices and availability of Products from
competitors for sale in the Export Markets, and specifications for
Products by customers in the Export Markets;
b. Information about the price, quality, source, and delivery dates
of Products available from the Members to export;
c. Information about terms and conditions of contracts for sale in
the Export Markets to be considered and/or bid on by CPEC and its
d. Information about joint bidding or selling arrangements for the
e. Information about expenses specific to exporting to and within
the Export Markets, including without limitation, transportation,
trans- or intermodal shipments, insurance, inland freight to port, port
storage, commissions, export sales, documentation, financing, customs,
duties, and taxes;
f. Information about U.S. and foreign legislation and regulations,
including federal marketing order programs, affecting sales for the
g. Information about CPEC or its Members' export operations,
including without limitation, sales and distribution networks
established by CPEC or its Members in the Export Markets, and prior or
current export sales by individual Members (including export price
h. Information about export customer credit terms and credit
3. CPEC and its Members may meet to engage in the activities
described in paragraphs 1 and 2 above.
4. CPEC may, on a transaction by transaction basis, join with any
or all of the Members to bid for the sale of, and to sell, Products to
the Export Markets.
5. On a transaction by transaction basis, for the purposes of
allocating export quantities, the quantity that CPEC and/or one or more
of its Members will commit to the sale will be determined in the
a. CPEC and the participating Member(s) or non-Member(s) will,
without prior consultation, provide above-described quantity data to an
Independent Third Party.
b. The Independent Third Party will independently incorporate such
information into the joint sales or bid agreement. For the purposes of
this provision, ``independently'' means that the Independent Third
Party will not disclose the information obtained from CPEC to another
Member, non-Member and/or CPEC.
c. Neither CPEC nor any participating Member shall intentionally
obtain the information described in 5(a) above from the Independent
1. ``Export Intermediary'' means a person (including a Member) who
acts as a distributor, sales representative, sales or marketing agent,
or broker, or who performs similar functions, including providing, or
arranging for, the provision of Export Trade Facilitation Services.
2. ``Independent Third Party'' shall mean any individual,
partnership, corporation (public or non-public) or other entity
(hereinafter referred to as ``entity''), or any representative thereof,
that is not an officer, director, principal, affiliate, subsidiary or
employee of CPEC or any entity that grows, processes, packs, or handles
3. ``Member'' means a person who has membership in the CPEC Export
Trade Certificate of Review and who has been certified as a ``Member''
within the meaning of section 325.2(l) of the Regulations (15 CFR
325.2(l) (2003), (currently as set out in Attachment A and incorporated
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, NW., Washington, DC 20230.
Dated: March 8, 2004.
Director, Office of Export Trading Company Affairs.
Members (within the meaning of section 325.2(l) of the
A&P Growers Cooperative, Inc.
Gold Coast Pistachios, Inc.
Keenan Farms, Inc.
Monarch Nut Company
Primex Farms, LLC
Setton Pistachio of Terra Bella, Inc.
[FR Doc. 04-5582 Filed 3-11-04; 8:45 am]
BILLING CODE 3510-DR-P