[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Notices]
[Pages 29514-29516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12594]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 10-00001]


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review to 
Alaska Longline Cod Commission (Application No. 10-00001).

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SUMMARY: On May 13, 2010, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to the Alaska Longline Cod 
Commission (``ALCC''). This notice summarizes the conduct for which 
certification has been granted.

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 by 
E-mail at [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 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 (2009).
    The Office of Competition and Economic Analysis is issuing this 
notice pursuant to 15 CFR section 325.6(b), which requires the 
Secretary of Commerce to publish a summary of the certification in the 
Federal Register. Under Section 305(a) of the Act and 15 CFR section 
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

[[Page 29515]]

determination on the ground that the determination is erroneous.

Description of Certified Conduct

    ALCC is certified to engage in the Export Trade Activities and 
Methods of Operation described below in the following Export Trade and 
Export Markets:

Export Trade

Export Product

    ALCC intends 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

    To engage in Export Trade in the Export Markets, ALCC and its 
Members may undertake the following activities:
    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 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' 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 Export Product to sell such Export 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 may exchange and discuss the following 
types of export-related information:
    a. Sales and marketing efforts, and activities and opportunities 
for sales of Export Product in Export Markets, 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,

[[Page 29516]]

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).

Definition

    ``Export Intermediary'' means a person who acts as a distributor, 
representative, sales or marketing agent, or broker, or who performs 
similar functions.

Members (Within the Meaning of Section 325.2(1) of the Regulations)

    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 
(a wholly-owned subsidiary of Clipper Group, Ltd.); Bering Select 
Seafoods Company, Seattle, Washington (a wholly owned subsidiary of 
Clipper Group, Ltd.); Glacier Bay Fisheries LLC, Seattle, Washington 
(Glacier Bay Fisheries LLC is controlled by Glacier Fish Company LLC); 
Glacier Fish Company LLC, Seattle, Washington; and Shelfords' Boat, 
Ltd., Mill Creek, Washington.
    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: May 19, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-12594 Filed 5-25-10; 8:45 am]
BILLING CODE 3510-DR-P