[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12907]


[[Page Unknown]]

[Federal Register: May 26, 1994]


  
  
  
  
  
  
  
  
  
  
  
  
  
  
                                                   VOL. 59, NO. 101

                                             Thursday, May 26, 1994

DEPARTMENT OF COMMERCE

International Trade Administration

 

Export Trade Certificate of Review

ACTION: Notice of application to amend certificate.

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SUMMARY: The Office of Export Trading Company Affairs (``OETCA''), 
International Trade Administration, Department of Commerce, has 
received an application to amend an Export Trade Certificate of Review. 
This notice summarizes the proposed amendment and requests comments 
relevant to whether the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: W. Dawn Busby, Director, Office of 
Export Trading Company Affairs, International Trade Administration, 
(202) 482-5131. This is not a toll-free number.

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 an amended Certificate should be issued. An 
original and five (5) copies 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 1800H, Washington, D.C. 20230. Information submitted by any person 
is exempt from disclosure under the Freedom of Information Act (5 
U.S.C. 552). Comments should refer to this application as ``Export 
Trade Certificate of Review, application number 84-6A012.''
    Northwest Fruit Exporters' (``NFE'') original Certificate was 
issued on June 11, 1984 (49 FR 24581, June 14, 1984) and previously 
amended on May 2, 1988 (53 FR 16303, May 6, 1988), September 21, 1988 
(53 FR 37628, September 27, 1988); September 20, 1989 (54 FR 39454, 
September 26, 1989); and November 19, 1992 (57 FR 55510, November 25, 
1992). A summary of the application for an amendment follows.

Summary of the Application

Applicant: Northwest Fruit Exporters (``NFE''), 6 South 2nd Street, 
Suite 918, Yakima, Washington 98907
Contact: Ken Severn, Secretary/Treasurer, Telephone: (509) 453-4837
Application No.: 84-6A012
Date Deemed Submitted: May 18, 1994
Proposed Amendment: Northwest Fruit Exporters seeks to amend its 
Certificate to:

    1. Add each of the following companies as a new ``Member'' of the 
Certificate within the meaning of Sec. 325.2(1) of the Regulations (15 
CFR 325.2(1)): Allan Bros., Inc., Naches, Washington; Baker Produce, 
Inc., Kennewick, Washington; Bardin Farms Corp., Monitor Washington; 
Beebe Orchard Company, Chelan, Washington; Blue Chelan, Inc., Chelan, 
Washington; Blue Star Growers, Inc., Cashmere, Washington; Borton & 
Sons, Yakima, Washington; Brewster Heights Packing, Brewster, 
Washington; Broetje Orchards, Prescott, Washington; Earl E. Brown & 
Sons, Inc., Milton-Freewater, Oregon; Carlson Orchards, Yakima, 
Washington; Chief Tonasket Growers, Tonasket, Washington; Clasen Fruit 
& Cold Storage Co., Yakima, Washington; Columbia Marketing 
International Corp., Wenatchee, Washington; Congdon Orchards, Inc., 
Yakima, Washington; Cowiche Growers, Inc., Cowiche, Washington; Cowin & 
Sons, Wapato, Washington; Crisp'n Spicy Growers, Inc., Pateros, 
Washington; Cubberley Packing Co., Inc., Tieton, Washington; Double 
Diamond Fruit, Quincy, Washington; Douglas Fruit Co., Pasco, 
Washington; Dovex Export Co., Wenatchee, Washington (controlling 
entity: Dovex Corporation); Dovex Fruit Company, Wenatchee, Washington 
(controlling entity: Dovex Corporation); Duckwall-Pooley Fruit Co., 
Odell, Oregon; E.W. Brandt & Sons Inc., Parker, Washington; Eakin Fruit 
Co., Union Gap, Washington; Evans Fruit Co., Inc., Yakima, Washington; 
Gilbert Orchards, Inc., Yakima, Washington; Gold Digger Apples, Inc., 
Oroville, Washington; Gwin, White & Prince Inc., Wenatchee, Washington; 
H & H Orchards Packing, Inc., Malaga, Washington; Haas Fruit Co., Inc., 
Yakima, Washington (controlling entity: John I. Haas, Inc.); Highland 
Fruit Growers, Inc., Yakima, Washington; Holt and Robison Fruit Co., 
Inc., Omak, Washington; Jack Frost Fruit Co., Yakima, Washington; 
Johnny Appleseed of WA/CRO Fruit Co., Wenatchee, Washington; Jones 
Fruit & Produce, Inc., Cashmere, Washington; Jones Orchards, Yakima, 
Washington (controlling entity: Warren Jones Co.); Kershaw Fruit & Cold 
Storage, Yakima, Washington; Larson Fruit Co., Selah, Washington; Lloyd 
Garretson Co., Inc., Yakima, Washington; M & J Fruit Sales, Yakima, 
Washington; Magi, Inc., Brewster, Washington; Majestic Valley Produce, 
Wenatchee, Washington; Manson Growers Cooperative, Manson, Washington; 
Matson Fruit Company, Selah, Washington; McDougall & Sons, Inc., 
Wenatchee, Washington; Naumes, Inc., Medford, Oregon; Nickell Orchards, 
Pateros, Washington; Northwestern Fruit & Produce Co., Yakima, 
Washington; Nuchief Sales Inc., Wenatchee, Washington; Orchard View 
Farms, The Dalles, Oregon; Oro Fruit Company, Oroville, Washington; 
Pacific Fruit Growers & Packers, Inc., Yakima, Washington; Perham Fruit 
Corp., Wapato, Washington; Peshastin Fruit Growers Assn., Peshastin, 
Washington; Peshastin Hi-Up Growers, Peshastin, Washington; Phillippi 
Fruit Co., Inc., Wenatchee, Washington; Pine Canyon Fruit Co., Inc., 
Orondo, Washington; Poirier Packing & Warehouse, Pateros, Washington; 
Price Cold Storage, Yakima, Washington; R.E. Redman & Sons, Inc., 
Wapato, Washington; Rainier Fruit Sales, Selah, Washington; Regal Fruit 
Cooperative, Tonasket, Washington; Roche Fruit Company, Inc., Yakima, 
Washington; Rowe Farms, Naches, Washington; Strand Apples, Inc., 
Cowiche, Washington; Sun King Fruit, Sunnyside, Washington; Sund-Roy, 
Inc., Yakima, Washington; Taplett Fruit Packing Inc., Wenatchee, 
Washington; Trout, Inc., Chelan, Washington; Valicoff Fruit Company, 
Inc., Wapato, Washington; Valley Fruit, Wapato, Washington; Wapato 
Fruit, Wapato, Washington; Wells & Wade Fruit Co., Wenatchee, 
Washington (controlling entity: Dole Food Co., Inc.); Witte Orchards, 
E. Wenatchee, Washington; and Zirkle Fruit Co., Selah, Washington;
    2. Delete the following company as a ``Member'' of the Certificate: 
Columbia Reach Pack, Yakima, Washington;
    3. Change the listing of the company name for each current 
``Member'' cited in this paragraph to the new listing cited in this 
paragraph in parenthesis as follows: Auvil Fruit Company (Auvil Fruit 
Co., Inc.); Cascadian Fruit Shippers, Cascadian Fruit Shippers, Inc.); 
Columbia Fruit Packers (Columbia Fruit Packers, Inc.); Hansen Fruit & 
Cold Storage (Hansen Fruit & Cold Storage Co.); C.M. Holtzinger Company 
(C.M. Holtzinger Fruit Co., Inc.); Stemilt Growers (Stemilt Growers, 
Inc.); and Washington Fruit & Produce (Washington Fruit & Produce Co.);
    4. Change the definition of ``Products'' to include ``fresh 
apples'' making the Certificate applicable to the export of fresh sweet 
cherries and apples by NFE and its Members, on behalf of the Members;
    5. Revise the ``Export Trade Activities and Methods of Operation'' 
in NFE's Export Trade Certificate of Review. The revised ``Export Trade 
Activities and Methods of Operation'' should read as follows:
    1. NFE may on behalf and with the advice of its Members advise and 
cooperate with the United States Government in establishing procedures 
regulating the export of the Products, and fulfilling the 
requirement(s) imposed by foreign governments for export of the 
Products;
    2. NFE may on behalf and with the advice of its Members participate 
in negotiations and enter into agreements with foreign governments and 
private persons regarding:
    (a) Fumigating, packing and other quality control and/or 
phytosanitary procedures to be followed in the export of the Products. 
Such procedures may include activities related to insect and disease 
detection, certification, inspection, storage and treatment protocols 
required to qualify goods for export shipment and to meet the import 
requirements of the foreign government;
    (b) The quantities, time periods, prices and terms and conditions 
upon which NFE's Members will export the Products;
    3. NFE may on behalf and with the advice of its Members, establish 
and operate fumigation facilities for use in the export of the 
Products;
    4. NFE may on behalf and with the advice of its Members establish 
export prices and quotas and allocate export quotas among growing 
regions and its Members. In allocating export quotas among growing 
regions and its Members, NFE, through employees or agents of NFE who 
are not also employees of a Member, may receive, and each Member may 
supply to such employees or agents of NFE, information as to such 
Member's actual total shipments of the Products in any previous growing 
season or seasons, provided that such information is not disclosed by 
NFE to any other Member;
    5. NFE may on behalf and with advice of its Members establish and 
administer phytosanitary protocols for the purpose of qualifying the 
Products for Export Markets;
    6. NFE may on behalf and with the advice of its Members provide 
market entry and development assistance, including related 
administrative and promotional services, to its Members;
    7. NFE may on behalf and with the advice of its Members negotiate 
and enter into agreements with providers of transportation services for 
export of the Products;
    8. NFE may on behalf and with the advice of its Members establish 
methods and/or rates of fees and assessments to its membership to 
recover administrative expenses and costs related to qualifying and 
preparing the Products for export;
    9. NFE may on behalf and with the advice of its Members develop 
internal procedures and disseminate information to Members to assist 
the membership in meeting the criteria established for exportation of 
the Products;
    10. NFE may on behalf and with the advice of its Members coordinate 
activities of growers and packers in the process of qualifying their 
goods throughout the various stages of growing, harvesting, grading, 
packing, packaging, labeling, storage, and treatment in readying the 
goods for export shipment;
    11. NFE may on behalf and with the advice of its Members allocate 
volume shares amongst Members for shipment of goods, use of facilities, 
use of time of domestic and foreign inspection personnel, and other 
resources of the applicant;
    12. NFE may on behalf and with the advice of its Members conduct 
quality control studies and inspections of goods at point of shipment, 
point of arrival, and through retail level.
    6. Revise Provision (d) listed under ``Terms and Conditions of 
Certificate'' in NFE's current Export Trade Certificate of Review. The 
revised Provision should read as follows:

    (d) NFE will comply with requests made by the Department of 
Commerce on behalf of itself or the Department of Justice for 
information or documents relevant to conduct under the Certificate. 
The Department of Commerce will request such information or 
documents when either the Department of Justice or the Department of 
Commerce believes it requires the information or documents to 
determine that the Export Trade, Export Trade Activities or Methods 
of Operation of the persons protected by this Certificate of Review 
continue to comply with the standards of section 303(a) of the Act;

    7. Revise the ``Protection Provided by Certificate'' paragraph. 
That paragraph should read as follows:

    This Certificate protects NFE and its directors, officers, and 
employees acting on its behalf, as well as its Members, from private 
treble damage actions and government criminal and civil suits under 
U.S. federal and state antitrust laws for the export conduct 
specified in the Certificate and carried out during its effective 
period in compliance with its terms and conditions;

    8. Revise the ``Effective Period by Certificate'' paragraph. That 
paragraph should read as follows:

    This Certificate continues in effect until it is revoked or 
modified as provided in section 304(b) of the Act and Sec. 325.9 of 
the Regulations; and

    9. Revise the ``Disclaimer'' paragraph. That paragraph should read 
as follows:

    The issuance of this Certificate of Review to NFE and its 
Members by the United States Government under the provisions of the 
Act, does not constitute, explicitly or implicitly, an endorsement 
or opinion of the United States Government concerning either (a) the 
viability or quality of the business plans of NFE or (b) the 
legality of such business plans of NFE under the laws of the United 
States (other than as provided in the Act) or under the laws of any 
foreign country. This Certificate does not apply to sales to the 
United States Government or to any sale more than half the cost of 
which is borne by the United States Government.

    In accordance with the authority granted under the Act and 
Regulations, this Certificate of Review is hereby issued to NFE.

    Dated: May 20, 1994.
Friedrich R. Crupe,
Deputy Director, Office of Export Trading Company Affairs.
[FR Doc. 94-12907 Filed 5-25-94; 8:45 am]
BILLING CODE 3510-25-P