[Federal Register Volume 68, Number 14 (Wednesday, January 22, 2003)]
[Notices]
[Pages 3011-3012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1357]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of Application.

-----------------------------------------------------------------------

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: Jeffrey C. Anspacher, Director, Office 
of Export Trading Company Affairs, International Trade Administration, 
(202) 482-5l3l (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 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 02-00005.'' A 
summary of the application follows.

Summary of the Application

    Applicant: Virginia Apple Growers Association, (``VAGA''), P.O. Box 
1163, Richmond, Virginia 23218.
    Contact: Richard Gilmore, President/CEO.
    Telephone: (703) 684-1366.
    Application No.: 02-00005.
    Date Deemed Submitted: January 6, 2003.
    Members (in addition to applicant): Bowman Fruit Sales, L.L.C., 
Timberville, VA; Crown Orchard Company, LLP, Batesville, VA; Flippin-
Seaman, Inc., Tyro, VA; and Glaize, L.C., Fred L., Winchester, VA.
    The proposed Export Trade Certificate of Review would extend 
antitrust protection to VAGA, and /or one or more of its Members to 
conduct the following export trade activities:

[[Page 3012]]

I. Export Trade

A. Products

    1.Fresh Apples: any variety of apples intended for human 
consumption including but not limited to: Red Delicious, Golden 
Delicious, Rome, Stayman, York, Winesap, Granny Smith, Jonathan, Red, 
Gala, Empire, McIntosh, Fuji, Ginger Gold, Braebur, and Cortland.
    2. Processed Apples: Includes a variety of apple products used for 
human consumption; mainly, apple juice, apple cider, applesauce, and 
apple butter.

B. Export Trade Facilitation Services (As They Relate to the Export of 
Products)

    All export-related services, including, but not limited to, 
international market research, marketing, advertising, sales promotion, 
brokering, handling, transportation, common marking and identification, 
communication and processing of foreign orders to and for Members, 
financing, export licensing and other trade documentation, warehousing, 
shipping, legal assistance, foreign exchange and taking title to goods.

II. Export Trade Activities and Methods of Operation

    With respect to export trade activities, VAGA and/or one or more of 
its members may on behalf of and with the advice and assistance of its 
Members:
    1. Participate in negotiations and enter into agreements with 
foreign buyers (including governments and private persons) regarding:
    a. the quantities, time periods, prices, and terms and conditions 
in connection with actual or potential bona fide export opportunities
    b. non-tariff trade barriers in the Export Markets;
    2. Establish export prices and allocate export sales among its 
Members, in connection with actual or potential bona fide export 
opportunities;
    3. Enter into agreements with non-Members, whether or not 
exclusive, to provide Export Trade Services and Trade Facilitation 
Services;
    4. Negotiate and enter into agreements with providers of 
transportation services for the export of the Products;
    5. Advise and cooperate with the United States and foreign 
governments in:
    a. establishing procedures regulating the export of the Products
    b. fulfilling the phytosanitary and/or funding requirements imposed 
by foreign governments for export of the Products;
    6. Establish and operate fumigation facilities and administer 
phytosanitary protocols to qualify the Products for Export Markets;
    7. Communicate and process export orders;
    8. Conduct direct sales;
    9. Broker or take title to Products acquired from non-Member 
producers whenever necessary to fulfill specific sales obligations;
    10. Operate foreign sales and distribution offices and companies to 
facilitate the sales and distribution of the Products in the Export 
Markets;
    11. Refuse to deal with or provide quotations to other Export 
Intermediaries for sales of the Members' Products into the Export 
Markets;
    12. Retain the option for VAGA to be the exporter of record with 
regard to sales conducted by and through VAGA;
    13. Develop internal operational procedures and disseminate 
information to Members to assist the membership in meeting the criteria 
necessary for exporting;
    14. Receive and (each Member may) supply information as to each 
Member's actual or intended total export shipments of certified 
products in any previous or future growing season or seasons. VAGA, 
through employees or agents of VAGA who are not also employees of a 
Member, may receive and each Member may supply to such employees or 
agents of VAGA, information as to such Member's actual or intended 
total export shipments in any previous growing season or seasons, 
provided that such information is not disclosed by VAGA to any other 
Member;
    15. Exchange information with and among the Members as necessary to 
carry out the Export Trade Facilitation Services, Export Trade 
Activities and Methods of Operation;
    16. Provide Export Market entry and development assistance to its 
Members, including:
    a. designing and executing foreign marketing strategies for VAGA's 
Export Markets
    b. designing, developing, and marketing generic corporate labels
    c. other related administrative and promotional services;
    17. Solicit non-Members to become Members;
    18. Recover administrative expenses and costs through fees and 
assessments allocated to each Member on a pro-rata share basis or any 
other non-discriminatory method (any Member objecting to the method of 
allocating expenses and costs will be charged based on actual expenses 
incurred);
    19. Apply for and utilize export assistance and incentive programs, 
as well as arrange financing through bank holding companies, 
governmental programs, and other arrangements; and
    20. Bill and collect from foreign buyers and provide accounting, 
tax, legal, and consulting assistance and services.

III. 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).

Definition

    ``Export Intermediary'' means a person who acts as 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.

    Dated: January 16, 2003.
Vanessa Bachman,
Acting Director, Office of Export Trading, Company Affairs.
[FR Doc. 03-1357 Filed 1-21-03; 8:45 am]
BILLING CODE 3510-DR-P