[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Notices]
[Pages 43737-43738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17909]


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DEPARTMENT OF COMMERCE

International Trade Aadministration

[Application No. 00-00003]


Export Trade Certificate of Review

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notice of Issuance of an Export Trade Certificate of Review.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to North American Fruit Trading Alliance, L.L.C. 
(``NAFTA''). This notice summarizes the conduct for which certification 
has been granted.

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.

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 (1999).
    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

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 and 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).

Members (Within the Meaning of Section 325.2(1) of the Regulations)

    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.

Export Trade Activities and Methods of Operation

    NAFTA and its Members may engage in the following activities with 
respect to Export Markets:
    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. Enter into exclusive distribution agreements in Export Markets 
for Products and/or Technology Rights with 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.
    ``Member'' means a person who has membership in NAFTA and who has 
been certified as a ``Member'' within the meaning of Section 325.2(l) 
of the Regulations.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
neither NAFTA nor any Member shall intentionally disclose, directly or 
indirectly, to any other Member or Supplier any information that is 
about its or any other Member's or Supplier's costs, production, 
capacity, inventories, domestic prices, domestic sales, terms of 
domestic marketing or sale, or U.S. business plans, strategies, or 
methods,

[[Page 43738]]

unless (1) such information is already generally available to the trade 
or public, or (2) the information disclosed is a necessary term or 
condition (e.g., price, time required to fill an order, etc.) Of an 
actual or potential bona fide sale and the disclosure is limited to the 
prospective purchasing Member.
    2. Meetings at which NAFTA allocates export sales among Members and 
establishes export prices shall not be open to the public.
    3. Participation by a Member in any Export Trade Activity or Method 
of Operation under this Certificate shall be entirely voluntary as to 
that Member, subject to the honoring of contractual commitments for 
sales of Products, Services or Technology Rights in specific export 
transactions. A Member may withdraw from coverage under this 
Certificate at any time by giving written notice to NAFTA, a copy of 
which NAFTA shall promptly transmit to the Secretary of Commerce and 
the Attorney General.
    4. NAFTA and the 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 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.
    5. Each Member shall determine independently the quantities of 
Products it will offer to export or sell through NAFTA. NAFTA may not 
require any Member to accept any order for sale or to export any 
minimum quantity of Products.

Protection Provided by the Certificate

    This Certificate protects NAFTA, its Members and their directors, 
officers, and employees acting on their behalf, from private treble 
damage actions and governmental 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.
    A copy of this 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, N.W., Washington, DC 20230.

    Dated: July 11, 2000.
Morton Schnabel,
Director, Office of Export Trading Company Affairs.
[FR Doc. 00-17909 Filed 7-13-00; 8:45 am]
BILLING CODE 3510-DR-U