[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Notices]
[Pages 19782-19783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9833]


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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. 02-00005.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to the Virginia Apple Growers Association Inc., 
(``VAGA''). This notice summarizes the conduct for which certification 
has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Office 
of Export Trading Company Affairs, International Trade Administration, 
by telephone at (202) 482-5131 (this is not a toll-free number), or by 
E-mail at [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 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 (2002).
    The Office of Export Trading Company Affairs (AOETCA'') is issuing 
this notice pursuant to 15 CFR 325.6(b), which requires the Department 
of Commerce to publish a summary of the 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

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 Market

    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).

III. Members (Within the Meaning of Section 325.(1) of the Regulations) 
Bowman Fruit Sales, L.L.C.,

    Timberville, Virginia; Crown Orchard Company, LLP, Batesville, 
Virginia; Flippin-Seaman, Inc., Tyro, Virginia; and Fred L. Glaize, 
L.C., Winchester, Virginia.

IV. 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, and
    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 Facilitation Services;
    4. Negotiate and enter into agreements with providers of 
transportation services for the export of Products;
    5. Advise and cooperate with the United States and foreign 
governments in:
    a. Establishing procedures regulating the export of the Products, 
and
    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. 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 of certified products in any previous 
or future growing season or seasons, provided that such information is 
not

[[Page 19783]]

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, 
and
    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.

V. Definition

    ``Export Intermediary'' means a person who acts as a distributor, 
sales representative, sales or marketing agent, broker, or who performs 
similar functions including providing or arranging for the provision of 
Export Trade Facilitation Services.

VI. Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
neither VAGA, nor any Member, shall intentionally disclose, directly or 
indirectly, to any Member (including parent companies, subsidiaries, or 
other entities related to any Member) any information regarding any 
other Member's costs, production, inventories, domestic prices, 
domestic sales, domestic customers, capacity to produce apples for 
domestic sale, domestic orders, terms of domestic marketing or sale, or 
U.S. business plans, strategies, or methods, unless such information is 
already generally available to the trade or public.
    2. VAGA and its 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 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.

VII. Protection Provided by Certificate

    This Certificate protects VAGA, its Members, and directors, 
officers, and employees acting on behalf of VAGA and its Members 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.

VIII. Effective Period of Certificate

    This 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.

IX. Other Conduct

    Nothing in this Certificate prohibits VAGA and its Members from 
engaging in conduct not specified in this Certificate, but such conduct 
is subject to the normal application of U.S. antitrust laws.

X. Disclaimer

    The issuance of this Certificate of Review to VAGA 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 of Commerce or the Attorney 
General concerning either (a) the viability or quality of the business 
plans of VAGA or its Members or (b) the legality of such business plans 
of VAGA or its Members 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 this 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 FR 1786 (January 11, 1985).
    In accordance with the authority granted under the Act and the 
Regulations, this Certificate of Review is hereby issued to the 
Virginia Apple Growers Association, Inc.
    The effective date of the Certificate is April 4, 2003. 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, NW., Washington, DC 20230.

    Dated: April 16, 2003.
Jeffrey C. Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 03-9833 Filed 4-21-03; 8:45 am]
BILLING CODE 3510-DR-P