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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)]

[Notices]

[Page 53137-53138]

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

[DOCID:fr09se03-44]

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 oetca@ita.doc.gov.

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.

Export Trade

1. Products

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

commissions.

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 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

certified

[[Page 53138]]

activities of American Commodity Company, LLC;

(d) Establish prices, quantities and terms for sales of rice in

export markets;

(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

export markets;

(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

appropriate;

(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

Facilitation Services;

(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.

Definition

``Supplier'' means a person who produces, provides or sells a

Product.

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



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