[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Notices]
[Pages 8382-8383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3871]


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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. 03-00007.

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SUMMARY: The Department of Commerce issued an Export Trade Certificate 
of Review to the Great Lakes Fruit Exporters Association, LLC (GLFEA), 
on December 15, 2003. 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 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. The regulations implementing 
Title III are found at 15 CFR part 325 2003). 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

    Fresh apples.

2. Services

    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.

3. Technology Rights

    Technology rights, including, but not limited to, patents, 
trademarks, copyrights and trade secrets that relate to products and 
services.

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

    Export trade facilitation services, including, but not limited to, 
professional services and assistance relating to: Government relations; 
State and Federal export programs; foreign trade and business protocol; 
consulting; market research and analysis; collection of information on 
trade opportunities; marketing; negotiations; joint ventures; shipping 
and export management; export licensing; advertising; documentation and 
services related to compliance with customs requirements; insurance and 
financing; trade show exhibitions; organizational development; 
management and labor strategies; transfer of technology; transportation 
services; and the formation of shippers' associations.
Export Markets
    The export markets include all parts of the world except the United 
States (the 50 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
    1. With respect to the sale of products and services, licensing of 
technology rights and provisions of export trade facilitation services, 
GLFEA on its own or on behalf of any of its members may:
    a. Establish sale prices, minimum sale prices, target sale prices 
and/or minimum target sale prices and other terms of sale in export 
markets;
    b. Conduct marketing and distribution of fresh apples in export 
markets;
    c. Conduct promotion of fresh apples;

[[Page 8383]]

    d. Agree on quantities of fresh apples to be sold provided that 
each member shall be required to dedicate only that quantity or 
quantities as each member shall independently determine.
    e. Allocate geographic areas or countries in the export markets 
and/or customers in export markets among members.
    f. Refuse to quote prices for fresh apples, or to market or sell 
fresh apples, to or for any customers in the export markets, or any 
countries or geographic areas in the export markets.
    g. Enter into exclusive and nonexclusive agreements appointing one 
or more export intermediaries for the sales of fresh apples with price, 
quantity, territorial and/or customer restrictions as provided above.
    2. GLFEA and it members may exchange and discuss the following 
information:
    a. Information about sale and marketing efforts for the export 
markets, activities and opportunities for sales of fresh apples 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 fresh apples, customary 
terms of sale in the export markets, prices and availability of fresh 
apples from competitors for sale in the export markets, and 
specifications for fresh apples by customers in the export markets;
    b. Information about the price, quality, quantity, source, and 
delivery dates of fresh apples 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 GLFEA 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 intermodel shipments, insurance, inland freights 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 GLFEA or its members' export operations, 
including without limitation, sales and distribution networks 
established by GLFEA 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. GLFEA and its members may meet to engage in the activities 
described in items 1 and 2 above.
Members (Within the Meaning of Section 325.2(l) of the Regulations)
    Greg Orchards and Produce, Inc., Benton Harbor, Michigan; Riveridge 
Produce Marketing, Inc., Sparta, Michigan; North Bay Produce, Inc., 
Traverse City, Michigan; Applewood Orchards, Inc., Deerfield, Michigan; 
Heeren Brothers Inc., d/b/a Heeren Brothers Produce, Grand Rapids, 
Michigan; Greenridge Fruit, Inc., Grand Rapids, Michigan; Jack Brown 
Produce, Inc., Sparta, Michigan; BelleHarvest Sales, Inc., Belding, 
Michigan; A.J.'s Produce Inc., Casnovia, Michigan; and Appletree 
Marketing LLC, Ada, Michigan. Review continue to comply with the 
standards of section 303(a) of the Act.
Protection Provided by Certificate
    This Certificate protects GLFEA and its directors, officers, and 
employees acting on its behalf, as well as 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.
Definitions
    1. ``Supplier'' means a person who produces, provides, or sells a 
product and/or service.

    Dated: February 17, 2004.
Jeffrey C. Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 04-3871 Filed 2-23-04; 8:45 am]
BILLING CODE 3510-DR-P