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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: October 16, 2002 (Volume 67, Number 200)]
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,
(202) 482-5131 (this is not a toll-free number) or E-mail at
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,
Room 1104H, Washington, DC 20230, or transmit by e-mail at
email@example.com. 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 02-00003.'' A
summary of the application follows.
Summary of the Application
Applicant: Corn Refiners Association, Inc. (``CRA''), 1701
Pennsylvania Avenue, NW., Suite 950, Washington, DC 20006.
Contact: M. Jean Anderson, Counsel, Telephone: (202) 682-7217.
Application No.: 02-00003.
Date Deemed Submitted: October 2, 2002.
Members (in addition to the applicant): A.E. Staley Manufacturing
Company, Decatur, Illinois (subsidiary of Tate & Lyle plc, London,
United Kingdom); Archer Daniels Midland Company, Decatur, Illinois;
Cargill, Incorporated, Minneapolis, Minnesota; Corn Products
International, Inc., Westchester, Illinois; National Starch and
Chemical Company, Bridgewater, New Jersey (subsidiary of ICI plc,
London, United Kingdom); Penford Corporation, Bellevue, Washington; and
Roquette America, Inc., Keokuk, Iowa (subsidiary of Roquette
Fr[egrave]res, Lestrem, France). CRA seeks a Certificate to cover the
following specific Export Trade, Export Markets, and Export Trade
Activities and Methods of Operations.
High fructose corn syrup (``HFCS''), a sweetener derived from the
corn wet milling process. HFCS takes the following forms: 42 percent
fructose (item 1702.40 of the U.S. Harmonized Tariff Schedule (HTS));
55 percent fructose and enriched HFCS (greater than 55 percent
fructose) (item 1702.60 of the HTS); and crystalline fructose (item
1702.50 of the HTS).
HFCS will be exported only to Mexico.
The CRA will manage the system for allocating rights to ship under
tariff-rate quotas (TRQs) permitting duty-free entry of U.S. HFCS into
Organization and Membership
The CRA, a not-for-profit Delaware corporation, is a trade
association for the corn refining industry. Its membership includes all
U.S. producers of HFCS. Under the CRA bylaws, any U.S. entity engaged
in the United States in the production and distribution of products
produced from corn by the wet milling process (e.g., corn starch, corn
syrup, corn sugar, corn alcohol) is eligible for membership in the CRA.
The CRA shall contract with an independent third party who is not
engaged in the production, distribution or sale of HFCS to administer
the TRQ System. The third party Administrator will be subject to
general oversight and supervision by the Board of Directors of the CRA.
The Administrator shall allocate TRQ rights based on each member's
U.S. HFCS share of total U.S. HFCS production capacity. In accordance
with those allocations, the Administrator shall issue certificates
(``TRQ Certificates'') to members evidencing the right to ship
specified quantities of U.S. HFCS duty-free to Mexico. TRQ Certificates
shall be freely transferable.
Any confidential information submitted by an applicant for
membership, by a member, or by any other person in connection with the
TRQ System shall be marked ``confidential'' and submitted to the
Administrator, who shall maintain its confidentiality. The
Administrator shall not disclose such confidential
information to any member other than the submitter, or to any officers,
agents, or employees of any member other than the submitter, and shall
not disclose such confidential information to any other person except
to another neutral third party as necessary to make the determination
for which the information was submitted, to allocate TRQ quantities, or
in connection with reports to the U.S. Department of Commerce as
required by the Export Trade Certificate of Review or the arbitration
of a dispute.
Cooperation With the U.S. and Mexican Governments
The CRA will provide whatever information and consultations may be
necessary to facilitate cooperation between the U.S. Government and the
Government of Mexico concerning the implementation and operation of the
TRQ System. Furthermore, directly or through the U.S. Government, the
CRA will endeavor to accommodate any information requests from the
Government of Mexico (while protecting confidential information
entrusted to the Administrator), and will consult with the Government
of Mexico as appropriate.
Miscellaneous Implementing Provisions
The CRA and/or its members may (i) meet, discuss and provide for an
administrative structure to implement the TRQ management system, assess
its operations and provide modifications as necessary to improve its
workability, (ii) meet, exchange, and discuss information regarding the
structure and method for implementing the TRQ management system, (iii)
meet, exchange and discuss the types of information needed concerning
bilateral agreements between the U.S. and Mexican Governments, and any
resulting legislation or regulations, affecting the TRQ management
system, and (iv) otherwise meet, exchange and discuss information as
necessary to implement the activities described above and take the
necessary action to implement the foregoing TRQ management system.
Dated: October 10, 2002.
Jeffrey C. Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 02-26321 Filed 10-15-02; 8:45 am]
BILLING CODE 3510-DR-P