[Federal Register Volume 71, Number 247 (Tuesday, December 26, 2006)]
[Notices]
[Pages 77385-77386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22053]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of application.

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SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade 
Administration, Department of Commerce, has received an application for 
an Export Trade Certificate of Review (``Certificate''). 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 Anspacher, Director, 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. 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 Export Trading Company 
Act of 1982 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 (5) copies, plus two (2) copies 
of the nonconfidential version, should be submitted no later than 20 
days after the date of this notice to: Export Trading Company Affairs, 
International Trade Administration, U.S. Department of Commerce, Room 
7021-B H, 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 06-00003.'' A 
summary of the application follows.

Summary of the Application

    Applicant: American Sugar Alliance (``ASA''). 2111 Wilson 
Boulevard, Suite 600. Arlington, VA 22201.
    Contact: Robert C. Cassidy, Jr. Counsel for ASA.
    Telephone: (202) 663-6740.
    Application No.: 06-00003.
    Date Deemed Submitted: December 14, 2006,

Members (in addition to applicant)

    ASA Executive Committee: American Sugarbeet Growers Association, 
American Sugar Cane League, Florida Sugar Cane League, Inc., Gay & 
Robinson, Inc., Hawaiian Commercial & Sugar Co., Rio Grande Valley 
Sugar Growers Inc., Sugar Cane Growers Cooperative of Florida, U.S. 
Beet Sugar Association, and
    Sugar Beet Processors and Cane Sugar Refiners (``Producers''): 
Amalgamated Sugar Company LLC (owned by Snake River Sugar Company), 
American Sugar Refining Inc. (owned by Florida Crystals Corporation and 
the Sugar Cane Growers Cooperative of Florida), American Crystal Sugar 
Company and Sidney Sugars (a subsidiary of American Crystal Sugar 
Company), Florida Crystals Corporation, Hawaiian Commercial & Sugar 
Company, Imperial Sugar Company, Michigan Sugar Company, Minn-Dak 
Farmers Cooperative, Southern Minnesota Beet Sugar Cooperative and 
Spreckels Sugar Company (a subsidiary of Southern Minnesota Beet Sugar 
Cooperative), U.S. Sugar Corporation, Western Sugar Cooperative and 
Wyoming Sugar Company LLC.
    Under the proposed Export Trade Certificate of Review, ASA would 
allocate Certificates of Prior Approval (``CPAs'') to Producers, 
permitting duty-free entry of U.S. sugar into Mexico under the tariff-
rate quota (``TRQ'') for U.S.-origin sugar.
    ASA seeks an Export Trade Certificate of Review to cover the 
following specific Export Trade, Export Markets, and Export Trade 
Activities and Methods of Operation.

Export Trade

Products

    U.S.-origin sugar and syrups meeting the following definitions:

 
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          H.S. Code                           Description
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1701.11.01...................  Sugar, with a dry sucrose content that
                                has polarization of 99.4 but not
                                exceeding 99.5 degrees.
1701.11.02...................  Sugar, with a dry sucrose content that
                                has polarization of 96 but not exceeding
                                99.4 degrees.
1701.11.03...................  Sugar, with a dry sucrose content that
                                has polarization of 96 degrees.
1701.12.01...................  Sugar, with a dry sucrose content that
                                has polarization of 99.4 but not
                                exceeding 99.5 degrees.
1701.12.02...................  Sugar, with a dry sucrose content that
                                has polarization of 96 but not exceeding
                                99.4 degrees.
1701.12.03...................  Sugar, with a dry sucrose content that
                                has polarization of 96 degrees.
1701.91.01...................  Containing added flavoring or coloring
                                matter.
1701.99.01...................  Sugar, with a dry sucrose content that
                                has polarization of 99.5 but not
                                exceeding 99.7 degrees.
1701.99.02...................  Sugar, with a dry sucrose content that
                                has polarization of 99.7 but not
                                exceeding 99.9 degrees.
1701.99.99...................  Others.
1701.90.01...................  Refined liquid sugar and inverted sugar.
1806.10.01...................  With a sugar content weighting not less
                                than 90%.

[[Page 77386]]

 
2106.90.05...................  Flavored syrups or with added coloring
                                matters (except syrups which have a
                                sugar content less than 90%).
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Export Markets

    U.S.-origin sugar for which Certificates of Prior Approval 
(``CPAs'') are allocated will be exported only to Mexico.

Export Trade Activities and Methods of Operation

    The ASA will allocate CPAs to any Producer that requests CPAs.

CPA Administration

    The ASA will allocate all CPAs at one time. In the event that any 
CPAs are returned to ASA for any reason, ASA will reallocate those CPAs 
among interested Producers.

Certificate System

    Under the procedures for the TRQ published on October 16, 2006, in 
the Mexican Diario Oficial, an importer in Mexico must file with the 
Mexican Government a CPA issued by ASA to obtain a license to allow 
U.S.-origin sugar to enter into Mexico free of duty under the TRQ. The 
ASA shall allocate CPAs among all Producers who express an interest in 
obtaining the CPAs, based on each Producer's share of total U.S. sugar 
refining capacity in 2006, as reported to ASA. The ASA shall issue CPAs 
to such Producers.
    CPAs issued by ASA shall be freely transferable by Producers. 
Transfers of CPAs after they are issued by ASA will be subject to the 
normal application of antitrust laws.

Confidential Information

    Each Member may provide to the ASA information regarding its 
capacity to produce refined sugar in the United States for the purpose 
of calculating the allocation of CPAs.
    Allocation of CPAs will not involve any agreement or exchange of 
sensitive information among Members. Annual U.S. refining capacity 
information is currently available to the ASA, and no further 
information should be necessary. If additional information should be 
required, and this information is non-public, company-specific business 
information, ASA shall consider the information to be ``confidential'', 
and ASA shall maintain its confidentiality. ASA shall not disclose this 
confidential information to any party other than the submitter, or to 
any officers, agents, or employees of any party other than the 
submitter, and shall not disclose confidential information to any other 
person except to another neutral third party as necessary to make the 
determination for which the information was submitted, to allocate 
CPAs, or in connection with reports to the Department of Commerce as 
required by the Export Trade Certificate of Review or the arbitration 
of a dispute.

Cooperation With the U.S. and Mexican Governments

    The ASA will consult with the U.S. Government and the Government of 
Mexico when necessary and provide to them whatever information may be 
useful in order to facilitate cooperation between the governments 
concerning the implementation and operation of the CPA System. 
Furthermore, directly or through the U.S. Government, the ASA will 
endeavor to accommodate any information requests from the Government of 
Mexico (while protecting confidential information entrusted to the 
ASA), and will consult with the Government of Mexico as appropriate.

    Dated: December 19, 2006.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E6-22053 Filed 12-22-06; 8:45 am]
BILLING CODE 3510-DR-P