[Federal Register: November 1, 2004 (Volume 69, Number 210)]
[Notices]
[Page 63367-63368]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no04-43]
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DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 04-00002.
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SUMMARY: The Department of Commerce has issued an Export Trade
Certificate of Review to the Export Trade Association of the Americas
(``ETAA''). This notice summarizes the conduct for which certification
has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, 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. 4011-21) authorizes the Secretary of Commerce to
issue Export Trade Certificates of Review. The regulations implementing
Title III are found at 15 CFR Part 325 (2004).
Export Trading Company Affairs 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
I. Export Trade
A. Products
Fresh tree fruits, primarily apples.
B. Technology Rights
Technology Rights, including, but not limited to, patents,
trademarks, copyrights and trade secrets owned and/or controlled by
ETAA and Members that relate to Products.
C. Export Trade Facilitation Services (as They Relate to the Export of
Products, and Technology Rights)
All export trade-related services, including, but not limited to,
professional services and assistance relating to: government relations;
state and federal export programs; foreign trade and business protocol;
consulting; international market research and analysis; collection of
information on trade opportunities; marketing; negotiations; joint
ventures; brokering; handling; export management; export licensing;
patent and trademark licensing; common marking and identification;
advertising and sales promotion; communication and processing of
foreign orders to and for Members; trade documentation and services
related to compliance with customs requirements; insurance and
financing; trade show exhibitions; organizational development;
management and labor strategies; transfer of technology; transportation
services, including shipping and warehousing; the formation of
shippers' associations; legal assistance; foreign exchange and taking
title to goods.
II. 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).
III. Members (Within the Meaning of Section 325.2(l) of the
Regulations)
E. W. Brandt & Sons, Inc., Wapato, Washington; and ETAA
Distributing, LLC, Wapato, Washington.
IV. Export Trade Activities and Methods of Operation
With respect to the export sale of fresh tree fruits, the licensing
of Technology Rights, and the provision of Export Trade Facilitation
Services, ETAA and/or one or more Members may:
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; and
(c) the sale, license and/or use of Technology Rights relating to
the Products.
2. Advise and cooperate with the United States and foreign
governments in:
(a) Establishing procedures pertaining to the regulating of the
export of the Member's Products. For example: Quantity standards,
marketing orders, and the imposition and lifting of tariffs; and
(b) Fulfilling the phytosanitary, quality and/or funding
requirements pertaining to the export of the Member's Products. For
example: Tariffs, weighing fees and inspections imposed by foreign
governments.
3. Allocate export sales among Members in connection with actual or
potential bona fide export opportunities.
4. Agree on quantities of Products to be sold.
5. Allocate geographic areas or countries in Export Markets and/or
customers in Export Markets among Members.
[[Page 63368]]
6. Conduct marketing, promotion and distribution of fresh tree
fruits in Export Markets.
7. Conduct quality control studies and inspections of goods for
export at point of shipment, point of arrival, and through the retail
level in Export Markets.
8. Negotiate and enter into agreements, whether or not exclusive,
with providers of Export Trade Facilitation Services for the export of
Products.
9. Establish and operate fumigation facilities and administer
phytosanitary protocols to qualify the Products for Export Markets.
10. Operate foreign offices and companies to facilitate the sale
and distribution of fresh tree fruits in Export Markets.
11. 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
incurred.
12. Products to be exported will be primarily supplied by the ETAA
and Members, with instances of Products supplied from non-Member
entities. For example: To fill export sales orders, contracts and spot
sales, as required.
13. ETAA and Members may exchange and discuss information on the
following:
(a) Information about sales and marketing efforts for the Export
Markets, activities and opportunities for sales of fresh tree fruits 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 Export Markets for fresh tree fruits,
customary terms of sale in the Export Markets, prices and availability
of fresh tree fruits from competitors for sale in the Export Markets,
and specifications for fresh tree fruits by customers in the Export
Markets;
(b) Information about the export price, quality, quantity, source,
and delivery dates of fresh tree fruits 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 ETAA and Members;
(d) Information about joint bidding or selling arrangements for the
Export Markets and allocations of sales resulting from such
arrangements among the Members;
(e) Information about expenses specific to exporting to and within
the Export Markets, including without limitation, transportation,
trans- or intermodal shipments, insurance, in-land freights to port,
port storage, commissions, export sales, documentation, financing,
customs duties and taxes;
(f) Information about United States and foreign legislation and
regulations, including Federal marketing order programs that may affect
sales for the Export Markets;
(g) Information about ETAA or Members' export operations, including
without limitation, sales and distribution networks established by ETAA
or Members in the Export Markets, and prior export sales by Members
(including export price information);
(h) Exchange information with and among the Members as necessary to
carry out the Export Trade Facilitation Services, Export Trade
Activities and Methods of Operation; and
(i) Information about export customer credit terms and credit
history.
A copy of this certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4001, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: October 26, 2004.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E4-2943 Filed 10-29-04; 8:45 am]
BILLING CODE 3510-DR-P