[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Notices]
[Pages 70211-70212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29583]


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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, U.S. 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: Jeffrey C. Anspacher, 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. An Export Trade 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 Export Trading Company 
Act of 1982 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 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 (5) copies, plus two (2) 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, U.S. Department of 
Commerce, Room 1104H, Washington, DC 20230. 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 
02-00004.'' A summary of the application follows.

Summary of the Application

    Applicant: California Pistachio Export Association (``CPEA''), 5497 
E. Olive Avenue, Fresno, California 93727.
    Contact: Carter Brown, Esquire.
    Telephone: (202) 543-4455.
    Application No.: 02-00004.
    Date Deemed Submitted: November 7, 2002.
    Members (in addition to applicant): A&P Growers Cooperative, Inc., 
Tulare, CA; CalPure Pistachios, Inc., Lost Hills, CA; Gold Coast 
Pistachios, Inc., Fresno, CA; Keenan Farms, Inc., Avenal, CA; Monarch 
Nut Company, Delano, CA; Nichols Pistachio, Hanford, CA; Primex Farms, 
LLC, Wasco, CA; Santa Barbara Pistachio Company, Inc., Santa Barbara, 
CA; Setton Pistachio of Terra Bella, Inc., Terra Bella, CA; and South 
Valley Farms, LLC, Wasco, CA.
    CPEA seeks a Certificate to cover the following specific Export 
Trade, Export Markets, and Export Trade Activities and Methods of 
Operations.

Export Trade

1. Products

    California in-shell and shelled pistachios, raw and roasted. 
Including all forms.

2. Export Trade Facilitation Services (as they Relate to the Export of 
Products)

    All export trade-related facilitation services, including but not 
limited to: Development of trade strategy; sales, marketing, and 
distribution; foreign market development; promotion; and all aspects of 
foreign sales transactions, including export brokerage, freight 
forwarding, transportation, insurance, billing, collection, trade 
documentation, and foreign exchange; customs, duties, and taxes; and 
inspection and quality control.

Export Markets

    The Export Markets include all parts of the world except the United 
States (the fifty states of the United States of

[[Page 70212]]

America, 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).

Export Trade Activities and Methods of Operation

    CPEA and its Members seek to have the following conduct certified:
    1. CPEA, on its own behalf or on behalf of all or less than all of 
its Members, through CPEA or through Export Intermediaries (to the 
extent provided in section 1.g) may:
    a. Export Sales Prices. Establish sales price, minimum sales price, 
target sales price and/or minimum target sales price, and other terms 
of sale;
    b. Marketing and Distribution. Conduct marketing and distribution 
of Products;
    c. Promotion. Conduct joint promotion of Products;
    d. Quantities. Agree on quantities of Products to be sold, provided 
each Member shall be required to dedicate only such quantity or 
quantities as each such Member shall independently determine;
    e. Market and Customer Allocation. Allocate geographic areas or 
countries in the Export Markets and/or customers in the Export Markets 
among Members;
    f. Refusals to Deal. Refuse to quote prices for Products, or to 
market or sell Products, to or for any customers in the Export Markets, 
or any countries or geographical areas in the Export Markets;
    g. Exclusive and Non-exclusive Export Intermediaries. Enter into 
exclusive and non-exclusive agreements appointing one or more Export 
Intermediaries (as defined under ``Definitions'' paragraph 1) for the 
sale of Products with price, quantity, territorial and/or customer 
restrictions as provided in sections 1.a. through 1.f., inclusive, 
above;
    h. Non-Member Activities. Purchase Products from non-Members to 
fulfill specific sales obligations, provided that CPEA and/or its 
Members shall make such purchases only on a transaction-by-transaction 
basis and when the Members are unable to supply, in a timely manner, 
the requisite Products at a price competitive under the circumstances. 
In no event shall a non-Member be included in any deliberations 
concerning any Export Trade Activities; and
    i. Transportation Activities. Negotiate favorable transportation 
rates (volume discounts) and consolidate shipments.
    2. CPEA and its Members may exchange and discuss the following 
information:
    a. Information about sales and marketing efforts for the Export 
Markets, activities and opportunities for sales of Products in the 
Export Markets, selling strategies for the Export Markets, sales for 
the Export Markets, contract and spot pricing in the Export Markets, 
projected demands in the Export Markets for Products, customary terms 
of sale in the Export Markets, prices and availability of Products from 
competitors for sale in the Export Markets, and specifications for 
Products by customers in the Export Markets;
    b. Information about the price, quality, quantity, source, and 
delivery dates of Products available from the Members to export;
    c. Information about terms and conditions of contracts for sale in 
the Export Markets to be considered and/or bid on by CPEA and its 
Members;
    d. Information about joint bidding or selling arrangements for the 
Export Markets and allocations of sales resulting from such 
arrangements among the Members;
    e. Information about expenses specific to exporting to and within 
the Export Markets, including without limitation, transportation, 
trans- or intermodal shipments, insurance, inland freight to port, port 
storage, commissions, export sales, documentation, financing, customs, 
duties and taxes;
    f. Information about U.S. and foreign legislation and regulations, 
including Federal marketing order programs, affecting sales for the 
Export Markets;
    g. Information about CPEA's or its Members' export operations, 
including without limitation, sales and distribution networks 
established by CPEA or its Members in the Export Markets, and prior 
export sales by Members (including export price information); and
    h. Information about export customer credit terms and credit 
history.
    3. CPEA and its Members may meet to engage in the activities 
described in paragraphs 1 and 2 above.

Definitions

    1. ``Export Intermediary'' means a person, including a Member, who 
acts as a distributor, sales representative, sales or marketing agent, 
or broker, or who performs similar functions, including providing, or 
arranging for the provision of, Export Trade Facilitation Services.
    2. ``Member'' means a person who has membership in the CPEA Export 
Trade Certificate and who has been certified as a ``Member'' within the 
meaning of Sec.  325.2(1) of the Regulations (15 CFR 325.2(1) (2002).

    Dated: November 15, 2002.
Jeffrey C. Anspacher,
Director, Office of Export Trading, Company Affairs.
[FR Doc. 02-29583 Filed 11-20-02; 8:45 am]
BILLING CODE 3510-DR-P