[Federal Register Volume 68, Number 174 (Tuesday, September 9, 2003)]
[Notices]
[Pages 53137-53138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22861]


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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: 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. 4001-21) (the ``Act'') 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 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. 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 03-00005.'' 
A summary of the application follows.

Summary of the Application

    Applicant: American Commodity Company, LLC, 18242 Hwy 113, P.O. Box 
224, Robbins, CA 95676.
    Contact: Martin S. Simon, Consultant.
    Telephone: (908) 604-6768.
    Application No.: 03-00005.
    Date Deemed Submitted: August 28, 2003.
    Members (in addition to applicant): None.
    American Commodity Company, LLC seeks a Certificate to cover the 
following specific Export Trade, Export Markets, and Export Trade 
Activities and Methods of Operation.

Export Trade

1. Products

    U.S. rice and rice products (rough rice, brown rice, milled, 
undermilled or unpolished rice, coated rice, oiled rice, enriched rice, 
rice bran, rice polish, head rice, broken rice, secondhead rice, 
brewers rice, screenings, rice flour, and rice hulls).

2. Technology Rights

    Technology Rights, including, but not limited to: patents, 
trademarks, service marks, copyrights, trade secrets and know-how that 
relate to Products.

3. Export Trade Facilitation Services (As They Relate to the Export of 
Products and Technology Rights)

    Export Trade Facilitation Services, including but not limited to, 
arranging and coordinating delivery of rice to port of export, 
arranging for inland and/or ocean transportation, allocating rice to 
vessel; arranging for storage space at port; arranging for warehousing, 
stevedoring, wharfage, handling, inspection, fumigation, quality 
control, financing, freight forwarding, insurance and documentation; 
reviewing letters of credit; invoicing foreign buyer; collecting 
payment; and arranging for payment of applicable brokerage fees and 
commissions.

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).

Export Trade Activities and Methods of Operation

    With respect to the sale of Products, licensing of Technology 
Rights, and provisions of Export Trade Facilitation Services, under its 
proposed Export Trade Certificate of Review, the American Commodity 
Company, LLC may:
    (a) Exchange information with suppliers individually regarding 
availability of and prices of rice available for sale to export, 
inventories, production and delivery schedules in order to determine 
availability of rice for purchase and for export and to coordinate 
export of U.S. rice;
    (b) Solicit offers from suppliers to sell rice to American 
Commodity Company, LLC for a specific export opportunity;
    (c) Obtain agreements from suppliers to offer/sell rice through the 
certified

[[Page 53138]]

activities of American Commodity Company, LLC;
    (d) Establish prices, quantities and terms for sales of rice in 
export markets;
    (e) Solicit orders from potential foreign distributors and 
purchasers of U.S. rice for delivery to export markets;
    (f) Submit offers to potential distributors and purchasers for sale 
of U.S. rice for delivery to export markets;
    (g) Negotiate and enter into agreements for sale of U.S. rice in 
export markets;
    (h) Enter into agreements to purchase U.S. rice from one or more 
suppliers to fulfill a specific sales commitment, which may be 
agreements whereby suppliers agree to sell exclusively to American 
Commodity Company, LLC for delivery in a particular export market or 
markets and/or whereby American Commodity Company, LLC agrees to 
purchase exclusively from particular supplier(s) for resale of U.S. 
rice in a particular export market or markets;
    (i) Enter into agreements with one or more export trade 
intermediaries or purchasers for their purchases of U.S. rice which may 
be agreements whereby American Commodity Company, LLC agrees to deal 
exclusively with a given customer and/or by which that customer agrees 
to deal exclusively with American Commodity Company, LLC and/or agrees 
not to purchase from competitors of the American Commodity Company, LLC 
unless authorized by American Commodity Company, LLC to do so;
    (j) Allocate sales of U.S. rice and/or distribute export orders 
among suppliers on any basis American Commodity Company, LLC deems 
appropriate;
    (k) Act as broker and/or operate as sub-contractor to suppliers and 
possibly taking title to U.S. rice;
    (l) Utilize applicable export assistance and incentive programs 
which are available to American Commodity Company, LLC within the 
government and trade sectors;
    (m) Provide and/or arrange for the provision of Export Trade 
Facilitation Services;
    (n) Use its discretion, in good faith, to purchase rice or provide 
information regarding export sales of rice to any suppliers or other 
entities of its choosing, for any reason the American Commodity 
Company, LLC deems appropriate;
    (o) Use its discretion, in good faith, to sell rice, quote prices 
for rice, provide information regarding rice, or to market or sell rice 
to any distributors or purchasers of its choosing in export markets or 
in any countries or geographic areas in export markets; and
    (p) Meet with suppliers or other entities periodically to discuss 
general matters specific to exporting U.S. rice (not related to price 
and supply arrangements between applicant and the individual suppliers) 
such as relevant facts concerning export markets (e.g., demand 
conditions, transportation costs and prices) or the possibility of 
joint marketing, selling or bidding arrangements in the export markets.

Definition

    ``Supplier'' means a person who produces, provides or sells a 
Product.

    Dated: September 3, 2003.
Jeffrey C. Anspacher,
Director, Office of Export Trading, Company Affairs.
[FR Doc. 03-22861 Filed 9-8-03; 8:45 am]
BILLING CODE 3510-DR-P