[Federal Register Volume 69, Number 49 (Friday, March 12, 2004)]
[Notices]
[Pages 11835-11837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5582]


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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. 03-00008.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to the California Pistachio Export Council, LLC 
(``CPEC''). 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. 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 the certification 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
    California in-shell and shelled pistachios, raw and roasted, in 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.

[[Page 11836]]

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 theNorthern Mariana Islands, and the Trust 
Territory of the Pacific Islands).

Export Trade Activities and Methods of Operation

    1. CPEC and/ or one or more of its Members, including through 
Export Intermediaries (to the extent provided in section 1.g) may:
    a. Export Sales Price. Establish sales price, minimum sales price, 
target sales price and/or minimum target sales price, and other terms 
of sale in the Export Markets;
    b. Marketing and Distribution. Conduct marketing and distribution 
of Products in the Export Markets;
    c. Promotion. Conduct joint promotion of Products in the Export 
Markets;
    d. Quantities. Agree on quantities of Products to be sold in the 
Export Markets, provided each Member shall be required to dedicate only 
such quantity or quantities as each such Member shall independently 
determine. CPEC shall not require any Member to export a minimum 
quantity;
    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 Nonexclusive Export Intermediaries. Enter into 
exclusive and nonexclusive agreements appointing one or more Export 
Intermediaries 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 in the Export Markets, provided that 
CPEC 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. Such purchases shall be made 
through a third party broker, and neither CPEC nor any Member shall 
directly contact any non-Member supplier in connection with such 
purchases. In no event shall a non-Member supplier be included in any 
deliberations concerning any Export Trade Activities; and
    i. Transportation Activities. Negotiate favorable transportation 
rates (volume discounts) and consolidate shipments to or within the 
Export Markets.
    2. CPEC 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, 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 CPEC and its 
Members;
    d. Information about joint bidding or selling arrangements for the 
Export Markets;
    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 CPEC or its Members' export operations, 
including without limitation, sales and distribution networks 
established by CPEC or its Members in the Export Markets, and prior or 
current export sales by individual Members (including export price 
information); and
    h. Information about export customer credit terms and credit 
history.
    3. CPEC and its Members may meet to engage in the activities 
described in paragraphs 1 and 2 above.
    4. CPEC may, on a transaction by transaction basis, join with any 
or all of the Members to bid for the sale of, and to sell, Products to 
the Export Markets.
    5. On a transaction by transaction basis, for the purposes of 
allocating export quantities, the quantity that CPEC and/or one or more 
of its Members will commit to the sale will be determined in the 
following manner:
    a. CPEC and the participating Member(s) or non-Member(s) will, 
without prior consultation, provide above-described quantity data to an 
Independent Third Party.
    b. The Independent Third Party will independently incorporate such 
information into the joint sales or bid agreement. For the purposes of 
this provision, ``independently'' means that the Independent Third 
Party will not disclose the information obtained from CPEC to another 
Member, non-Member and/or CPEC.
    c. Neither CPEC nor any participating Member shall intentionally 
obtain the information described in 5(a) above from the Independent 
Third Party.

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. ``Independent Third Party'' shall mean any individual, 
partnership, corporation (public or non-public) or other entity 
(hereinafter referred to as ``entity''), or any representative thereof, 
that is not an officer, director, principal, affiliate, subsidiary or 
employee of CPEC or any entity that grows, processes, packs, or handles 
Products.
    3. ``Member'' means a person who has membership in the CPEC Export 
Trade Certificate of Review and who has been certified as a ``Member'' 
within the meaning of section 325.2(l) of the Regulations (15 CFR 
325.2(l) (2003), (currently as set out in Attachment A and incorporated 
by reference).
    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: March 8, 2004.
Jeffrey C. Anspacher,
Director, Office of Export Trading Company Affairs.

Attachment A

    Members (within the meaning of section 325.2(l) of the 
Regulations):

A&P Growers Cooperative, Inc.
Gold Coast Pistachios, Inc.
Keenan Farms, Inc.
Monarch Nut Company
Nichols Pistachio
Primex Farms, LLC

[[Page 11837]]

Setton Pistachio of Terra Bella, Inc.

[FR Doc. 04-5582 Filed 3-11-04; 8:45 am]
BILLING CODE 3510-DR-P