[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Notices]
[Pages 20802-20803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9493]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of application.

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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: Morton Schnabel, Director, Office of 
Export Trading Company Affairs, International Trade Administration, 
(202) 482-5131 (this is not a toll-free number) or E-mail at 
[email protected].

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

[[Page 20803]]

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 protected]. 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 00-00003.'' A summary of the application follows.

Summary of the Application

    Applicant: North America Fruit Trading Alliance, L.L.C. 
(``NAFTA''), PO Box 574, Frankfort, Michigan 49635.
    Contact: Donald W. Nugent, President, Telephone: (231) 352-7181.
    Application No.: 00-00003.
    Date Deemed Submitted: April 10, 2000.
    Members (in addition to applicant): Graceland Fruit, Inc., 
Frankfort, MI; Burnette Foods, Inc., Elk Rapids, MI; Milne Fruit 
Products, Inc., Prosser, WA (Controlling Entity: Ocean Spray 
Cranberries, Inc., Lakeville, MA); and Northern Michigan Fruit Co., 
Omena, MI.
    NAFTA seeks a Certificate to cover the following specific Export 
Trade, Export Markets, and Export Trade Activities and Methods of 
Operations.

Export Trade

1. Products
    Processed red cherries (prunus cerasus); cherry products including 
but not limited to cherry pie filling, water pack cherries, cherry 
juice concentrate, dried cherries, frozen pack cherries, individually 
quick frozen cherries, cherry sausage, cherry jams, jellies an sauces.
    Processed sweet cherries including but not limited to individually 
quick frozen and stored in freezer (IQF); cherries canned in water, 
light syrup, heavy syrup, extra heavy syrup or as a pie fill; and juice 
from sweet cherries.
2. Technology Rights
    Patents, trademarks, service marks, copyrights, trade secrets, 
know-how, and semiconductor mask works, involving cherry processing.
3. Export Trade Facilitation Services (as they Relate to the Export of 
Products and Technology Rights)
    Trade promotion, marketing, sales, and transportation services 
(including packing, transportation, wharfing and handling, trade 
documentation, freight forwarding, storage, and customs clearance).

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).
    The proposed Export Trade Certificate of Review would extend 
antitrust protection to NAFTA to conduct the following export trade 
activities:
    1. Negotiate and enter into agreements with buyers in the Export 
Markets;
    2. Negotiate and enter into agreements with foreign governments and 
other persons in the Export Markets regarding the quantities, time 
periods, prices, terms, and conditions upon which the Members will 
export Products and/or Technology Rights through NAFTA.
    3. Allocate export sales and/or Export Markets among the Members on 
the basis of each Member's commitment of Products and/or Technology 
Rights for export;
    4. Establish prices and terms of sale for the Export Markets;
    5. Use the NAFTA or other common brand or label;
    6. Negotiate and enter into agreement, on behalf of and with the 
advice of the Members, for the provision of Export Trade Facilitation 
Services (including trade shows, advertising, and contract marketing 
services);
    7. Share among the Members the cost of Export Trade Facilitation 
Services;
    8. Grant exclusive distribution rights in Export Markets for 
Products and/or Technology Rights to non-Members; ``Exclusive'' means 
that the non-Member distributor may agree not to represent any person 
or firms other than NAFTA in the export of Products and/or Technology 
Rights in any Export Markets; and/or NAFTA may agree not to export 
Products and/or Technology Rights in any Export Market through any 
distributor other than that non-Member distributor;
    9. Advise and cooperate with the United States Government or any 
agency of the United States Government in establishing procedures 
regulating the export of Products and/or Technology Rights; and
    10. Conduct product research and design for Products (and develop, 
obtain, and license associated Technology Rights) only when conducted 
exclusively for export, including meeting foreign regulatory 
requirements and foreign buyers specifications, and identifying and 
designing for foreign buyer preferences; provided, however, that the 
Export Trade Activities and Methods of Operation do not cover activity 
that relates to the use of Technology Rights for the U.S. domestic 
market.

Definition

    ``Supplier'' means a person, including each member, who produces, 
provides, or sells Products, Technology Rights, or Export Trade 
Facilitation Services.

    Dated: April 12, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-9493 Filed 4-17-00; 8:45 am]
BILLING CODE 3510-DR-P