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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: September 9, 2003 (Volume 68, Number 174)]
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,
by telephone at (202) 482-5131 (this is not a toll-free number) or by
E-mail at firstname.lastname@example.org.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. 4001-21) (the ``Act'') 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 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. 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 03-00005.''
A summary of the application follows.
Summary of the Application
Applicant: American Commodity Company, LLC, 18242 Hwy 113, P.O. Box
224, Robbins, CA 95676.
Contact: Martin S. Simon, Consultant.
Telephone: (908) 604-6768.
Application No.: 03-00005.
Date Deemed Submitted: August 28, 2003.
Members (in addition to applicant): None.
American Commodity Company, LLC seeks a Certificate to cover the
following specific Export Trade, Export Markets, and Export Trade
Activities and Methods of Operation.
U.S. rice and rice products (rough rice, brown rice, milled,
undermilled or unpolished rice, coated rice, oiled rice, enriched rice,
rice bran, rice polish, head rice, broken rice, secondhead rice,
brewers rice, screenings, rice flour, and rice hulls).
2. Technology Rights
Technology Rights, including, but not limited to: patents,
trademarks, service marks, copyrights, trade secrets and know-how that
relate to Products.
3. Export Trade Facilitation Services (As They Relate to the Export of
Products and Technology Rights)
Export Trade Facilitation Services, including but not limited to,
arranging and coordinating delivery of rice to port of export,
arranging for inland and/or ocean transportation, allocating rice to
vessel; arranging for storage space at port; arranging for warehousing,
stevedoring, wharfage, handling, inspection, fumigation, quality
control, financing, freight forwarding, insurance and documentation;
reviewing letters of credit; invoicing foreign buyer; collecting
payment; and arranging for payment of applicable brokerage fees and
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 Trade Activities and Methods of Operation
With respect to the sale of Products, licensing of Technology
Rights, and provisions of Export Trade Facilitation Services, under its
proposed Export Trade Certificate of Review, the American Commodity
Company, LLC may:
(a) Exchange information with suppliers individually regarding
availability of and prices of rice available for sale to export,
inventories, production and delivery schedules in order to determine
availability of rice for purchase and for export and to coordinate
export of U.S. rice;
(b) Solicit offers from suppliers to sell rice to American
Commodity Company, LLC for a specific export opportunity;
(c) Obtain agreements from suppliers to offer/sell rice through the
activities of American Commodity Company, LLC;
(d) Establish prices, quantities and terms for sales of rice in
(e) Solicit orders from potential foreign distributors and
purchasers of U.S. rice for delivery to export markets;
(f) Submit offers to potential distributors and purchasers for sale
of U.S. rice for delivery to export markets;
(g) Negotiate and enter into agreements for sale of U.S. rice in
(h) Enter into agreements to purchase U.S. rice from one or more
suppliers to fulfill a specific sales commitment, which may be
agreements whereby suppliers agree to sell exclusively to American
Commodity Company, LLC for delivery in a particular export market or
markets and/or whereby American Commodity Company, LLC agrees to
purchase exclusively from particular supplier(s) for resale of U.S.
rice in a particular export market or markets;
(i) Enter into agreements with one or more export trade
intermediaries or purchasers for their purchases of U.S. rice which may
be agreements whereby American Commodity Company, LLC agrees to deal
exclusively with a given customer and/or by which that customer agrees
to deal exclusively with American Commodity Company, LLC and/or agrees
not to purchase from competitors of the American Commodity Company, LLC
unless authorized by American Commodity Company, LLC to do so;
(j) Allocate sales of U.S. rice and/or distribute export orders
among suppliers on any basis American Commodity Company, LLC deems
(k) Act as broker and/or operate as sub-contractor to suppliers and
possibly taking title to U.S. rice;
(l) Utilize applicable export assistance and incentive programs
which are available to American Commodity Company, LLC within the
government and trade sectors;
(m) Provide and/or arrange for the provision of Export Trade
(n) Use its discretion, in good faith, to purchase rice or provide
information regarding export sales of rice to any suppliers or other
entities of its choosing, for any reason the American Commodity
Company, LLC deems appropriate;
(o) Use its discretion, in good faith, to sell rice, quote prices
for rice, provide information regarding rice, or to market or sell rice
to any distributors or purchasers of its choosing in export markets or
in any countries or geographic areas in export markets; and
(p) Meet with suppliers or other entities periodically to discuss
general matters specific to exporting U.S. rice (not related to price
and supply arrangements between applicant and the individual suppliers)
such as relevant facts concerning export markets (e.g., demand
conditions, transportation costs and prices) or the possibility of
joint marketing, selling or bidding arrangements in the export markets.
``Supplier'' means a person who produces, provides or sells a
Dated: September 3, 2003.
Jeffrey C. Anspacher,
Director, Office of Export Trading, Company Affairs.
[FR Doc. 03-22861 Filed 9-8-03; 8:45 am]
BILLING CODE 3510-DR-P