[Federal Register Volume 59, Number 161 (Monday, August 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20545]


[[Page Unknown]]

[Federal Register: August 22, 1994]


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DEPARTMENT OF COMMERCE
International Trade Administration, Commerce

 

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Amended Export Trade Certificate of 
Review, Application No. 84-6A012.

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SUMMARY: The Department of Commerce has issued an amendment to the 
Export Trade Certificate of Review granted to Northwest Fruit Exporters 
(``NFE'') on June 11, 1984. Notice of issuance of the Certificate was 
published in the Federal Register on June 14, 1984 (49 FR 24581).

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. Sections 4001-21) authorizes the Secretary of 
Commerce to issue Export Trade Certificates of Review. The regulations 
implementing Title III are found at 15 CFR Part 325 (1993).
    The Office of 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 a Certificate 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 Amended Certificate

    Export Trade Certificate of Review No. 84-00012, was issued to NFE 
on June 11, 1984 (49 FR 24581, June 14, 1984) and previously amended on 
May 2, 1988 (53 FR 16306, 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).
    NFE's Export Trade Certificate of Review has been amended 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 fresh 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'' reads as follows:
    1. With respect to fresh sweet cherries and fresh apples:
    a. NFE may on behalf and with the advice of its Members advise and 
cooperate with the United States Government in (i) establishing 
procedures regulating the export of the Products, and (ii) fulfilling 
the phytosanitary and/or funding requirements imposed by foreign 
governments for export of the Products.
    b. NFE may on behalf and with the advice of its Members participate 
in negotiations and enter into agreements with foreign buyers 
(including governments and private persons) regarding:
    (i) 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;
    (ii) the quantities, time periods, prices and terms and conditions, 
in connection with actual or potential bona fide export opportunities, 
upon which NFE's Members will export the Products.
    c. NFE may on behalf and with the advice of its Members establish 
and operate fumigation facilities for use in the export of the 
Products.
    d. NFE may on behalf and with the advice of its Members establish 
and administer phytosanitary protocols for the purpose of qualifying 
the Products for Export Markets.
    e. 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.
    f. 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.
    g. NFE may recover administrative expenses and costs related to 
qualifying and preparing Members' Products for export through fees and 
assessments allocated to each Member on a pro-rata share basis or any 
other non discriminatory method. If a Member objects to the method of 
allocating expenses and costs, the Member shall be entitled to be 
charged on the basis of actual expenses incurred.
    h. NFE may on behalf and with the advice of its Members develop 
internal operational procedures and disseminate information to Members 
to assist the membership in meeting the criteria established by foreign 
governments for exportation of the Products.
    i. NFE may on behalf and with the advice of its Members engage in 
such activities as are necessary to ensure that the activities of 
growers and packers during the various stages of growing, harvesting, 
grading, packing, packaging, labeling, storage, and treatment meet the 
requirements established by a relevant foreign government so that the 
Members' goods will qualify for importation into the country subject to 
such requirements.
    j. NFE may on behalf and with the advice of its Members allocate 
the capacity of facilities, time of domestic and foreign inspection 
personnel, and other resources of NFE amongst the Members engaged in 
the shipment of Products for export, provided that such allocations are 
based on shipment quantities or other non-discriminatory criteria.
    k. NFE may on behalf and with the advice of its Members conduct 
quality control studies and inspections of goods for export at point of 
shipment, point of arrival, and through the retail level.
    2. With respect to fresh sweet cherries only, 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 export 
shipments of fresh sweet cherries in any previous growing season or 
seasons, provided that such information is not disclosed by NFE to any 
other Member.
    3. With respect to fresh apples only:
    a. 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 connection with actual or potential bona 
fide export opportunities, provided that each Member shall remain free 
to deviate from established prices by whatever amount it sees fit.
    b. 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, 
information as to such Member's actual total export shipments of fresh 
apples in any previous growing season or seasons, provided that such 
information is not disclosed by NFE to any other Member, except in a 
coded form to members of the Board of Directors for use only at 
meetings and in connection with other official activities of the Board.
    c. NFE, through employees or agents of NFE who are not also 
employees of a Member, may receive, and each Member shall supply, the 
quantity it will offer for export, without the Member or NFE 
intentionally disclosing, directly or indirectly, the quantity to any 
other Member, except in a coded form to members of the Board of 
Directors for use only at meetings and in connection with other 
official activities of the Board.
    6. Revise ``Terms and Conditions of Certificate'' to read as 
follows:
    (a) Except as provided in the second sentence of paragraph 2 and in 
paragraphs 3(b) and 3(c) of the Export Trade Activities and Methods of 
Operation, a Member of NFE shall not intentionally disclose, directly 
or indirectly, to NFE or to any other Member any information about its 
own costs, output, capacity, inventories, domestic prices, domestic 
sales, domestic orders, terms of domestic marketing or sale, or U.S. 
business plans, strategies or methods that is not already generally 
available to the trade or public.
    (b) Export prices for the Products established by NFE shall not be 
expressed by NFE to individual Members in a form that sets out 
separately the values of components of such prices, except that export-
specific components of export prices such as fees, commissions and 
charges payable to NFE, foreign sales agents, and transportation 
companies may be set out separately.
    (c) Meetings at which the Board of Directors of NFE establishes 
quotas, the allocation of quotas among Members, and export prices shall 
not be open to the public or to Members of NFE not represented on the 
Board of Directors.
    (d) NFE and its Members will comply with requests made by the 
Secretary of Commerce on behalf of the Secretary or the Attorney 
General for information or documents relevant to conduct under the 
Certificate. The Secretary of Commerce will request such information or 
documents when either the Attorney General or the Secretary of Commerce 
believes that the information or documents are required to determine 
that the Export Trade, Export Trade Activities, or Methods of Operation 
of a person protected by this Certificate of Review continue to comply 
with the standards of section 303(a) of the Act.
    (e) Participation by a Member in any Export Trade Activity or 
Method of Operation under the Certificate shall be entirely voluntary 
as to that Member, subject to the honoring of all phytosanitary and/or 
funding requirements by foreign governments for specific export 
transactions. A member may withdraw from coverage under the Certificate 
at any time by giving written notice to NFE. NFE will give notice of 
any such withdrawal by a Member to the Secretary of Commerce and the 
Attorney General in the next annual report by NFE.
    (f) With respect to fresh apples only:
    a. Each Member shall determine independently of other Members the 
quantity of fresh apples it will offer to export or sell through NFE;
    b. NFE may not solicit from any Member specific quantities for 
export or require any Member to export any minimum quantity of fresh 
apples.
    7. Revise ``Definitions'' to read as follows:
    ``Member'' within the meaning of Sec. 325.2(l) of the Regulations 
means the member companies of NFE set out in Attachment A and 
incorporated by reference.
    ``Coded form'' means a form that does not disclose the identity of 
a Member.
    A copy of the amended certificate will be kept in the International 
Trade Administration's Freedom of Information Records Inspection 
Facility, Room 4102, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230.

    Dated: August 16, 1994.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 94-20545 Filed 8-19-94; 8:45 am]
BILLING CODE 3510-DR-P