[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Notices]
[Pages 63367-63368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2943]


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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. 04-00002.

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SUMMARY: The Department of Commerce has issued an Export Trade 
Certificate of Review to the Export Trade Association of the Americas 
(``ETAA''). This notice summarizes the conduct for which certification 
has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, 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. 4011-21) authorizes the Secretary of Commerce to 
issue Export Trade Certificates of Review. The regulations implementing 
Title III are found at 15 CFR Part 325 (2004).
    Export Trading Company Affairs 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

I. Export Trade

A. Products

    Fresh tree fruits, primarily apples.

B. Technology Rights

    Technology Rights, including, but not limited to, patents, 
trademarks, copyrights and trade secrets owned and/or controlled by 
ETAA and Members that relate to Products.

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

    All export trade-related 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; international market research and analysis; collection of 
information on trade opportunities; marketing; negotiations; joint 
ventures; brokering; handling; export management; export licensing; 
patent and trademark licensing; common marking and identification; 
advertising and sales promotion; communication and processing of 
foreign orders to and for Members; trade 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, including shipping and warehousing; the formation of 
shippers' associations; legal assistance; foreign exchange and taking 
title to goods.

II. 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).

III. Members (Within the Meaning of Section 325.2(l) of the 
Regulations)

    E. W. Brandt & Sons, Inc., Wapato, Washington; and ETAA 
Distributing, LLC, Wapato, Washington.

IV. Export Trade Activities and Methods of Operation

    With respect to the export sale of fresh tree fruits, the licensing 
of Technology Rights, and the provision of Export Trade Facilitation 
Services, ETAA and/or one or more Members may:
    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; and
    (c) the sale, license and/or use of Technology Rights relating to 
the Products.
    2. Advise and cooperate with the United States and foreign 
governments in:
    (a) Establishing procedures pertaining to the regulating of the 
export of the Member's Products. For example: Quantity standards, 
marketing orders, and the imposition and lifting of tariffs; and
    (b) Fulfilling the phytosanitary, quality and/or funding 
requirements pertaining to the export of the Member's Products. For 
example: Tariffs, weighing fees and inspections imposed by foreign 
governments.
    3. Allocate export sales among Members in connection with actual or 
potential bona fide export opportunities.
    4. Agree on quantities of Products to be sold.
    5. Allocate geographic areas or countries in Export Markets and/or 
customers in Export Markets among Members.

[[Page 63368]]

    6. Conduct marketing, promotion and distribution of fresh tree 
fruits in Export Markets.
    7. Conduct quality control studies and inspections of goods for 
export at point of shipment, point of arrival, and through the retail 
level in Export Markets.
    8. Negotiate and enter into agreements, whether or not exclusive, 
with providers of Export Trade Facilitation Services for the export of 
Products.
    9. Establish and operate fumigation facilities and administer 
phytosanitary protocols to qualify the Products for Export Markets.
    10. Operate foreign offices and companies to facilitate the sale 
and distribution of fresh tree fruits in Export Markets.
    11. 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.
    12. Products to be exported will be primarily supplied by the ETAA 
and Members, with instances of Products supplied from non-Member 
entities. For example: To fill export sales orders, contracts and spot 
sales, as required.
    13. ETAA and Members may exchange and discuss information on the 
following:
    (a) Information about sales and marketing efforts for the Export 
Markets, activities and opportunities for sales of fresh tree fruits 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 Export Markets for fresh tree fruits, 
customary terms of sale in the Export Markets, prices and availability 
of fresh tree fruits from competitors for sale in the Export Markets, 
and specifications for fresh tree fruits by customers in the Export 
Markets;
    (b) Information about the export price, quality, quantity, source, 
and delivery dates of fresh tree fruits 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 ETAA and 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 intermodal shipments, insurance, in-land freights to port, 
port storage, commissions, export sales, documentation, financing, 
customs duties and taxes;
    (f) Information about United States and foreign legislation and 
regulations, including Federal marketing order programs that may affect 
sales for the Export Markets;
    (g) Information about ETAA or Members' export operations, including 
without limitation, sales and distribution networks established by ETAA 
or Members in the Export Markets, and prior export sales by Members 
(including export price information);
    (h) Exchange information with and among the Members as necessary to 
carry out the Export Trade Facilitation Services, Export Trade 
Activities and Methods of Operation; and
    (i) Information about export customer credit terms and credit 
history.
    A copy of this certificate will be kept in the International Trade 
Administration's Freedom of Information Records Inspection Facility, 
Room 4001, U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230.

    Dated: October 26, 2004.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E4-2943 Filed 10-29-04; 8:45 am]
BILLING CODE 3510-DR-P