[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8040-8042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3422]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[Application 10-00001]


Export Trade Certificate of Review

ACTION: Notice of Application for an Export Trade Certificate of Review 
from Alaska Longline Cod Commission (``ALCC'')

-----------------------------------------------------------------------

SUMMARY: The Export Trading Company Affairs (``ETCA'') unit, Office of 
Competition and Economic Analysis, 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: Joseph E. Flynn, Director, Office of 
Competition and Economic Analysis, 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

[[Page 8041]]

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 7021X, Washington, DC 20230, or transmitted by E-mail at 
[email protected]. 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 10-00001.'' A 
summary of the application follows.

Summary of the Application

    Applicant: Alaska Longline Cod Commission (``ALCC'') c/o Mundt 
MacGregor L.L.P., 271 Wyatt Way NE., Suite 106, Bainbridge Island, 
Washington 98110, Contact: Duncan R. McIntosh, Attorney, Telephone: 
(206) 624-5950.
    Application No.: 10-00001.
    Date Deemed Submitted: February 2, 2010.
    Members (in addition to applicant): ALCC members include the 
following entities: Alaskan Leader Fisheries, Inc., Lynden, Washington; 
Alaskan Leader Seafoods LLC, Lynden, Washington; Gulf Mist, Inc., 
Everett, Washington; Deep Sea Fisheries, Inc., Everett, Washington; 
Aleutian Spray Fisheries, Inc., Seattle, Washington; Pathfinder 
Fisheries LLC, Seattle, Washington; Liberator Fisheries, LLC, Seattle, 
Washington; Siberian Sea Fisheries, LLC, Seattle, Washington; Akulurak 
LLC, Seattle, Washington; Romanzoff Fishing Company, Seattle, 
Washington; Beauty Bay Washington, LLC, Seattle, Washington; Tatoosh 
Seafoods LLC, Seattle, Washington; Blue North Fisheries, Inc, Seattle, 
Washington; Blue North Trading Company, LLC, Seattle, Washington; 
Clipper Group, Ltd, Seattle, Washington; Clipper Seafoods, Ltd., 
Seattle, Washington; Bering Select Seafoods Company, Seattle, 
Washington; Glacier Bay Fisheries LLC, Seattle, Washington; Glacier 
Fish Company LLC, Seattle, Washington; and Shelfords' Boat, Ltd., Mill 
Creek, Washington.
    ALCC seeks a Certificate of Review to engage in the Export Trade 
Activities and Methods of Operation described below in the following 
Export Trade and Export Markets:

Export Trade

Products

    ALCC plans to export frozen at-sea, headed and gutted, Alaska cod 
(Gadus macrocephalus), also known as Pacific cod. Headed and gutted 
means the head and viscera are removed prior to freezing. Frozen-at-sea 
means that the export product is frozen on the catcher-processor vessel 
while at-sea immediately after being headed and gutted.

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).

Export Trade Activities and Methods of Operation

    ALCC and its members seek certification for the following 
activities and exchanges of information:
    1. Each member will from time to time independently determine in 
its sole discretion (i) the quantity of export product that it makes 
available for sale in export markets, and (ii) whether any portion of 
such quantity will be sold independently by it, be sold in cooperation 
with some or all of the other members, or be made available to ALCC for 
sale in export markets. ALCC may not require any member to export any 
minimum quantity of export product.
    2. ALCC and/or its members may enter into agreements to act in 
certain countries or markets as the members' exclusive or non-exclusive 
export intermediary(ies) for the quantity of export product dedicated 
by each member for sale by ALCC or any member(s) in that country or 
market. In any such agreement (i) ALCC or the member(s) acting as the 
exclusive export intermediary may agree not to represent any other 
supplier of export product with respect to one or more export 
market(s), and (ii) members may agree that they will export the 
quantity of export product dedicated for sale in such export markets 
only through ALCC or the member(s) acting as an exclusive export 
intermediary, and that they will not export the export product 
otherwise, either directly or through any other export intermediary.
    3. ALCC and/or one or more of its members may engage in joint 
bidding or selling arrangements for export markets and allocate sales 
resulting from such arrangements among the members.
    4. The members may refuse to deal with export intermediaries other 
than ALCC and its members.
    5. ALCC may, for itself and on behalf of its members, by agreement 
with its members or its members' distributors or agents, or on the 
basis of its own determination:
    a. Establish the prices at which export product will be sold in 
export markets;
    b. Establish standard terms of sale of export product;
    c. Establish standard quality grades for export product;
    d. Establish target prices for sales of export product by its 
members in export markets, with each member remaining free to deviate 
from such target prices in its sole discretion;
    e. Subject to the limitations set forth in paragraph 1, above, 
establish the quantity of export product to be sold in export markets;
    f. Allocate among the members export markets or customers in the 
export markets;
    g. Refuse to quote prices for, or to market or sell, export product 
in export markets; and
    h. Engage in joint promotional activities aimed at developing 
existing or new export markets, such as advertising and trade shows.
    6. ALCC may, for itself and on behalf of its members, contact non-
member suppliers of export product to elicit information relating to 
price, volume delivery schedules, terms of sale, and other matters 
relating to such suppliers'

[[Page 8042]]

sales or prospective sales in export markets.
    7. Subject to the limitations set forth in paragraph 1, above, ALCC 
and its members may agree on the quantities of export product and the 
prices at which ALCC and its members may sell export product in and for 
export markets, and may also agree on territorial and customer 
allocations in export markets among the members.
    8. ALCC and its members may enter into exclusive and non-exclusive 
agreements appointing third parties as export intermediaries for the 
sale of export product in export markets. Such agreements may contain 
the price, quantity, territorial and customer restrictions for export 
markets contained in paragraph 5, above.
    9. ALCC and its members may solicit individual non-member suppliers 
of Product to sell such Product to ALCC or members for sale in export 
markets.
    10. ALCC may compile for, collect from, and disseminate to its 
members, and the members may discuss among themselves, either in 
meetings conducted by ALCC or independently via telephone and other 
available and appropriate modes of communication, the information 
described in Item 14 below.
    11. ALCC and its members may prescribe conditions for withdrawal of 
members from and admission of members to ALCC.
    12. ALCC may, for itself or on behalf of its members, establish and 
implement a quality assurance program for export product, including 
without limitation establishing, staffing, and operating a laboratory 
to conduct quality testing, promulgating quality standards or grades, 
inspecting export product samples and publishing guidelines for and 
reports of the results of laboratory testing.
    13. ALCC may conduct meetings of its members to engage in the 
activities described in paragraphs 1 through 12, above.
    14. ALCC and its members seek to exchange and discuss the following 
types of export-related information:
    a. Sales and marketing efforts, and activities and opportunities 
for sales of export product, including but not limited to selling 
strategies and pricing, projected demand for export product, standard 
or customary terms of sale in export markets, prices and availability 
of export product from competitors, and specifications for export 
product by customers in export markets;
    b. Price, quality, quantity, source, and delivery dates of export 
product available from the members for export including but not limited 
to export inventory levels and geographic availability;
    c. Terms and conditions of contracts for sales to be considered 
and/or bid on by ALCC and its members;
    d. Joint bidding or selling arrangements and allocation of sales 
resulting from such arrangements among the members, including each 
member's share of the previous calendar year's total foreign sales;
    e. Expenses specific to exporting to and within export markets, 
including without limitation transportation, trans- or intermodal 
shipments, cold storage, insurance, inland freight to port, port 
storage, commissions, export sales, documentation, financing, customs 
duties, and taxes;
    f. U.S. and foreign legislation regulations and policies affecting 
export sales; and
    g. ALCC's and/or its members' export operations, including without 
limitation, sales and distribution networks established by ALCC or its 
members in export markets, and prior export sales by members (including 
export price information).

    Dated: February 17, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-3422 Filed 2-22-10; 8:45 am]
BILLING CODE 3510-DR-P