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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: January 22, 2003 (Volume 68, Number 14)]
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: Jeffrey C. Anspacher, Director, Office
of Export Trading Company Affairs, International Trade Administration,
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,
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 02-00005.'' A
summary of the application follows.
Summary of the Application
Applicant: Virginia Apple Growers Association, (``VAGA''), P.O. Box
1163, Richmond, Virginia 23218.
Contact: Richard Gilmore, President/CEO.
Telephone: (703) 684-1366.
Application No.: 02-00005.
Date Deemed Submitted: January 6, 2003.
Members (in addition to applicant): Bowman Fruit Sales, L.L.C.,
Timberville, VA; Crown Orchard Company, LLP, Batesville, VA; Flippin-
Seaman, Inc., Tyro, VA; and Glaize, L.C., Fred L., Winchester, VA.
The proposed Export Trade Certificate of Review would extend
antitrust protection to VAGA, and /or one or more of its Members to
conduct the following export trade activities:
I. Export Trade
1.Fresh Apples: any variety of apples intended for human
consumption including but not limited to: Red Delicious, Golden
Delicious, Rome, Stayman, York, Winesap, Granny Smith, Jonathan, Red,
Gala, Empire, McIntosh, Fuji, Ginger Gold, Braebur, and Cortland.
2. Processed Apples: Includes a variety of apple products used for
human consumption; mainly, apple juice, apple cider, applesauce, and
B. Export Trade Facilitation Services (As They Relate to the Export of
All export-related services, including, but not limited to,
international market research, marketing, advertising, sales promotion,
brokering, handling, transportation, common marking and identification,
communication and processing of foreign orders to and for Members,
financing, export licensing and other trade documentation, warehousing,
shipping, legal assistance, foreign exchange and taking title to goods.
II. Export Trade Activities and Methods of Operation
With respect to export trade activities, VAGA and/or one or more of
its members may on behalf of and with the advice and assistance of its
1. Participate in negotiations and enter into agreements with
foreign buyers (including governments and private persons) regarding:
a. the quantities, time periods, prices, and terms and conditions
in connection with actual or potential bona fide export opportunities
b. non-tariff trade barriers in the Export Markets;
2. Establish export prices and allocate export sales among its
Members, in connection with actual or potential bona fide export
3. Enter into agreements with non-Members, whether or not
exclusive, to provide Export Trade Services and Trade Facilitation
4. Negotiate and enter into agreements with providers of
transportation services for the export of the Products;
5. Advise and cooperate with the United States and foreign
a. establishing procedures regulating the export of the Products
b. fulfilling the phytosanitary and/or funding requirements imposed
by foreign governments for export of the Products;
6. Establish and operate fumigation facilities and administer
phytosanitary protocols to qualify the Products for Export Markets;
7. Communicate and process export orders;
8. Conduct direct sales;
9. Broker or take title to Products acquired from non-Member
producers whenever necessary to fulfill specific sales obligations;
10. Operate foreign sales and distribution offices and companies to
facilitate the sales and distribution of the Products in the Export
11. Refuse to deal with or provide quotations to other Export
Intermediaries for sales of the Members' Products into the Export
12. Retain the option for VAGA to be the exporter of record with
regard to sales conducted by and through VAGA;
13. Develop internal operational procedures and disseminate
information to Members to assist the membership in meeting the criteria
necessary for exporting;
14. Receive and (each Member may) supply information as to each
Member's actual or intended total export shipments of certified
products in any previous or future growing season or seasons. VAGA,
through employees or agents of VAGA who are not also employees of a
Member, may receive and each Member may supply to such employees or
agents of VAGA, information as to such Member's actual or intended
total export shipments in any previous growing season or seasons,
provided that such information is not disclosed by VAGA to any other
15. Exchange information with and among the Members as necessary to
carry out the Export Trade Facilitation Services, Export Trade
Activities and Methods of Operation;
16. Provide Export Market entry and development assistance to its
a. designing and executing foreign marketing strategies for VAGA's
b. designing, developing, and marketing generic corporate labels
c. other related administrative and promotional services;
17. Solicit non-Members to become Members;
18. Recover administrative expenses and costs through fees and
assessments allocated to each Member on a pro-rata share basis or any
other non-discriminatory method (any Member objecting to the method of
allocating expenses and costs will be charged based on actual expenses
19. Apply for and utilize export assistance and incentive programs,
as well as arrange financing through bank holding companies,
governmental programs, and other arrangements; and
20. Bill and collect from foreign buyers and provide accounting,
tax, legal, and consulting assistance and services.
III. Export Markets
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 Intermediary'' means a person who acts as 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.
Dated: January 16, 2003.
Acting Director, Office of Export Trading, Company Affairs.
[FR Doc. 03-1357 Filed 1-21-03; 8:45 am]
BILLING CODE 3510-DR-P