[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Notices]
[Pages 14081-14083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5498]


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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. 06-00003.

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SUMMARY: On March 16, 2007, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to the American Sugar Alliance 
(``ASA''). This notice summarizes the conduct for which certification 
has been granted.

FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export

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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 (2005).
    Export Trading Company Affairs (``ETCA'') is issuing this notice 
pursuant to 15 CFR 325.6(b), which requires the U.S. 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

    Sugar and syrups of U.S. origin, as defined in Chapter Four (Rules 
of Origin) of the North American Free Trade Agreement, (``U.S.-origin 
sugar'') in any of the following categories:

------------------------------------------------------------------------
           H.S. Code                           Description
------------------------------------------------------------------------
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%.
2106.90.05....................  Flavored syrups or with added coloring
                                 matters (except syrups which have a
                                 sugar content less than 90%).
------------------------------------------------------------------------

Export Markets

    Mexico.

Export Trade Activities and Methods of Operation

Purpose
    The ASA will allocate Certificates of Prior Approval (``CPAs'') 
through which Mexico will permit duty-free entry of U.S.-origin sugar 
into Mexico under the tariff-rate quota (``TRQ'') for U.S.-origin sugar 
through December 31, 2007, as set forth below.
    The ASA will allocate CPAs to any sugar beet processor or cane 
sugar refiner in the United States that is listed as a Producer below.

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. The allocation, and any reallocations, will 
be completed before December 16, 2007.

Certificate System

    Under the procedures for the TRQ published on October 16, 2006 in 
the Mexican Diario Oficial, an importer in Mexico must file by December 
15, 2007 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 will 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 the antitrust laws.

Information Collection and Exchange

    ASA may ask Producers individually for their production capacity 
figures for 2006 for the purposes of allocating the CPAs. Producers may 
supply that information to ASA, and ASA may allocate CPAs to Producers 
based on this information.
    If production capacity information is collected by ASA, it will be 
collected and collated, and the allocations of CPAs will be made, by an 
employee or employees of ASA who are not employed by any member of the 
ASA Executive Committee or any Producer. As of the effective date of 
the Certificate, such employee or employees shall be the only persons 
who will have access to the collected production capacity information.
    Any exchange of Producers' production capacity information or CPA 
allocation with other Producers, by Producers, ASA, any ASA member, or 
any other person is activity that is not protected under this 
Certificate.

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. 
All such information and consultations shall be subject to the 
provision on Confidential Information (above) and the Terms and 
Conditions (below).

Members (Within the Meaning of Section 325.(1) of the Regulations)

    Members (in addition to ASA):
    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
    Producers (Amalgamated Sugar Company LLC, American Sugar Refining 
Inc., American Crystal Sugar Company and Sidney Sugars (a subsidiary of 
American Crystal Sugar Co.), Florida

[[Page 14083]]

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).

Protection Provided by Certificate of Review

    This Certificate protects the ASA, its Executive Committee, the 
Producers and the directors, officers, employees and representatives 
acting on behalf of the ASA, the ASA Executive Committee and the 
Producers from private treble damage actions and government criminal 
and civil suits under U.S. federal and state antitrust laws for the 
export conduct specified in the Certificate of Review and carried out 
during its effective period in compliance with its terms and 
conditions.

Terms and Conditions of Certificate

    1. In engaging in Export Trade Activities and Methods of Operation, 
neither ASA, the ASA Executive Committee, any Producer nor any neutral 
third-party shall intentionally disclose, directly or indirectly, to 
any Member (including parent companies, subsidiaries, or other entities 
related to any Member) any information regarding any other Member's 
costs, production, inventories, domestic prices, domestic sales, 
domestic customers, domestic production capacity, domestic orders, 
terms of domestic marketing or sale, or U.S. business plans, 
strategies, or methods, unless such information is already generally 
available to the trade or public.
    2. If ASA determines that the collection or disclosure of any non-
public, company-specific information is necessary for the allocation of 
CPAs to Producers, ASA must seek an amendment of this Certificate to 
add such export conduct to this Certificate.
    3. ASA, the ASA Executive Committee and the Producers will comply 
with requests made by the Secretary of Commerce on behalf of the 
Secretary or the Attorney General for information or documents relevant 
to conduct under the Certificate. The Secretary of Commerce will 
request such information or documents when either the Attorney General 
or the Secretary of Commerce believes that the information or documents 
are required to determine that the Export Trade, Export Trade 
Activities and Methods of Operation of a person protected by this 
Certificate continue to comply with the standards of section 303(a) of 
the Act.

Effective Period of Certificate

    This Certificate continues in effect from the effective date 
indicated below until it is relinquished, modified, or revoked, as 
provided in the Act and the Regulations.

Other Conduct

    Nothing in this Certificate prohibits the ASA, the ASA Executive 
Committee and the Producers from engaging in conduct not specified in 
this Certificate, but such conduct is subject to the normal application 
of the antitrust laws.

Disclaimer

    The issuance of this Certificate of Review to ASA by the Secretary 
of Commerce with the concurrence of the Attorney General under the 
provisions of the Act does not constitute, explicitly or implicitly, an 
endorsement or opinion by the Secretary of Commerce or by the Attorney 
General concerning either (a) the viability or quality of the business 
plans of ASA, the ASA Executive Committee or the Producers or (b) the 
legality of such business plans of ASA, the ASA Executive Committee or 
the Producers under the laws of the United States (other than as 
provided in the Act) or under the laws of any foreign country.
    The application of this Certificate to conduct in export trade 
where the United States Government is the buyer or where the United 
States Government bears more than half the cost of the transaction is 
subject to the limitations set forth in Section V.(D.) of the 
``Guidelines for the Issuance of Export Trade Certificates of Review 
(Second Edition),'' 50 FR 1786 (January 11, 1985).
    In accordance with the authority granted under the Act and the 
Regulations, this Certificate of Review is hereby issued to the 
American Sugar Alliance.
    The effective date of the Certificate is March 16, 2007. A copy of 
the Certificate will be kept in the International Trade 
Administration's Freedom of Information Records Inspection Facility, 
Room 4100, U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230.

    Dated: March 20, 2007.
Jeffrey C. Anspacher,
Director, Export Trading Company Affairs.
 [FR Doc. E7-5498 Filed 3-23-07; 8:45 am]
BILLING CODE 3510-DR-P