[Federal Register Volume 60, Number 231 (Friday, December 1, 1995)]
[Notices]
[Pages 61682-61683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29283]



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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. 95-00005.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to The Connell Company on November 13, 1995. This 
notice summarizes the conduct for which certification has been granted.

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. The regulations implementing 
Title III are found at 15 CFR Part 325 (1993).
    The Office of Export Trading Company Affairs (``OETCA'') 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 Certified Conduct

A. Export Trade

1. Products
    Japonica brown rice. 

[[Page 61683]]

2. Export Trade Facilitation Services (as They Relate to the Export of 
Products)
    Communication and processing of export orders; inspection, 
fumigation and stevedoring; transportation; freight forwarding and 
trade documentation; insurance; billing of foreign buyers; collection 
of letters of credit and other financial instruments.

B. 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).

C. Export Trade Activities and Methods of Operation

    To engage in Export Trade in the Export Markets, The Connell 
Company may:
    (i) solicit orders from foreign purchasers;
    (ii) receive information on a one-to-one basis from individual 
Suppliers regarding inventories and near-term production schedules for 
the purpose of determining the availability of Products for purchase 
and export;
    (iii) confer from time to time, on a one-to-one basis, with 
individual Suppliers regarding a potential purchase by The Connell 
Company with regard to the quantities, price, delivery schedule, and 
other pertinent matters pertaining thereto;
    (iv) allocate export sales among individual Suppliers, provided 
that The Connell Company does not intentionally disclose to any 
Supplier any information about other Suppliers' sales to The Connell 
Company for export;
    (v) enter into purchase agreements with one or more Suppliers for 
the purchase of Products in the United States, and sales agreements 
with one or more foreign purchasers for the sale of Products in the 
Export Markets;
    (vi) refuse to purchase from one or more Suppliers for reasons The 
Connell Company deems fit; and
    (vii) as the single buyer of Products, coordinate schedules for 
delivery of Products to the dock among Suppliers; allocate dock space; 
allocate Products to various vessels; coordinate stevedoring from the 
inland trucks to the dock and from the dock to the vessels; arrange for 
inspection by both U.S. and foreign inspection services; arrange for 
fumigation of the Products; arrange for various documentation regarding 
the cargo; and provide for other Export Trade Facilitation Services as 
they relate to the export of Products.

D. Terms and Conditions of Certificate

    1. In engaging in the above Export Trade Activities and Methods of 
Operation, The Connell Company will not intentionally disclose, 
directly or indirectly, to any Supplier any information about any other 
Supplier's costs, production, capacity, inventories, domestic prices, 
domestic sales, or U.S. business plans, strategies, or methods that is 
not already generally available to the trade or public.
    2. The Connell Company will comply with requests made by the 
Secretary of Commerce on behalf of the Secretary of Commerce 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 
and 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. Definitions

    ``Supplier'' means a person that produces, provides, or sells 
Products.

F. Protection Provided by Certificate

    The Certificate protects The Connell Company, its directors, 
officers, and employees acting on its behalf, 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.

G. Effective Period of Certificate

    The Certificate continues in effect from the effective date 
indicated below until it is relinquished, modified, or revoked as 
provided in the Act and the Regulations.

H. Other Conduct

    Nothing in the Certificate prohibits The Connell Company from 
engaging in conduct not specified in the Certificate, but such conduct 
is subject to the normal application of the antitrust laws.

I. Disclaimer

    The issuance of the Certificate of Review to The Connell Company by 
the Secretary of Commerce with the concurrence of the Attorney General 
under the provisions of the Act does not constitute, explicitly or 
implicitly, an endorsement or opinion by the Secretary or by the 
Attorney General concerning either (a) the viability or quality of the 
business plans of The Connell Company or (b) the legality of such 
business plans of The Connell Company under the laws of the United 
States (other than as provided in the Act) or under the laws of any 
foreign country. The application of the Certificate to conduct in 
export trade where the United States Government is the buyer or where 
the United States Government bears more than half the cost of the 
transaction is subject to the limitations set forth in Section V.(D.) 
of the ``Guidelines for the Issuance of Export Trade Certificates of 
Review (Second Edition)'', 50 Fed. Reg. 1786 (January 11, 1985).

    Dated: November 21, 1995.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 95-29283 Filed 11-30-95; 8:45 am]
BILLING CODE 3510-DR-P