[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19280-19282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08240]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 02-1A003]


Export Trade Certificate of Review

ACTION: Notice of Application for Amendment of the Export Trade 
Certificate of Review for the Corn Refiners Association; Application 
No. 02-1A003.

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SUMMARY: The Office of Trade and Economic Analysis (``OTEA'') of the 
International Trade Administration, Department of Commerce, has 
received an application for an Amendment of an Export Trade Certificate 
of Review (``Certificate''). This notice summarizes the proposed 
application and requests comments relevant to whether the amended 
Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of 
Trade and Economic Analysis, International Trade Administration, (202) 
482-5131 (this is not a toll-free number) or email 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

[[Page 19281]]

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 an amended 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 as 
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 
22027-F, 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 02-1A003.''
    A summary of the current application follows.

Summary of the Application

    Applicant: Corn Refiners Association (CRA); 1701 Pennsylvania Ave. 
NW., Suite 950; Washington, DC 20006.
    Contact: David E. Bond, White & Case LLP, (202) 729-2307.
    Application No.: 02-1A003.
    Date Deemed Submitted: March 26, 2015.
    Summary: The Corn Refiners Association (``CRA'') seeks an amended 
Certificate of Review to remove a Certificate Member, Roquette America, 
Inc., which was originally a member of CRA but is no longer a member of 
CRA as of January 1, 2015. With the amended Certificate, CRA seeks to 
continue to engage in the Export Trade Activities and Methods of 
Operation described below in the following Export Trade and Export 
Markets:

Export Trade

    Products: High fructose com syrup (``HFCS'') in the following two 
forms: 42 percent fructose and 55 percent fructose and enriched HFCS 
(greater than 55 percent fructose).

Export Markets

    HFCS for which tariff-rate quota (TRQ) rights are allocated will be 
exported only to Mexico.

Export Trade Activities and Methods of Operations

Purpose

    The CRA will manage the system as set forth below for allocating 
rights to ship under tariff-rate quotas (TRQs) permitting duty-free 
entry of U.S. HFCS into Mexico. The CRA shall permit any producer of 
HFCS in the United States to become a member of the association for 
purposes of receiving TRQ rights under this system and shall seek an 
amendment of this Certificate to make such a producer a Member under 
this Certificate.

TRQ Administrator

    The CRA will contract with an independent third-party Administrator 
who will bear responsibility for administering the TRQ System, subject 
to general oversight and supervision by the Board of Directors of the 
CRA. The Administrator may not be otherwise related to the CRA or any 
Member or in any way engaged in the production, distribution or sale of 
HFCS.

TRQ System

    The Administrator shall allocate TRQ rights based on the share each 
Member's U.S. HFCS production capacity represents of total U.S. HFCS 
production capacity. The Administrator may advise each Member 
individually of the quantity of TRQ rights allocated to that Member. In 
accordance with those allocations, the Administrator shall, upon the 
request of a Member, issue to the Member evidence of TRQ rights to ship 
a specified quantity of U.S. HFCS duty-free to Mexico up to the 
outstanding total of the Member's allocation. Evidence of TRQ rights 
issued by the Administrator shall be freely transferable. Transfers of 
TRQ rights are subject to the normal application of the antitrust laws.

Confidential Information

    Each Member may provide to the Administrator information regarding 
its capacity to produce HFCS in the United States for the purpose of 
calculating the Member's allocation of TRQ rights. Any non-public, 
company-specific business information or data submitted by an applicant 
for membership, by a Member, or by any other person in connection with 
the TRQ System shall be marked ``confidential'' and submitted to the 
Administrator, who shall maintain its confidentiality. The 
Administrator shall not disclose such confidential information to any 
Member other than the submitter, or to any officers, agents, or 
employees of any Member other than the submitter, and shall not 
disclose such 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 TRQ quantities, or in 
connection with reports to the U.S. Department of Commerce as required 
by the Certificate or the arbitration of a dispute.

Cooperation With the U.S. and Mexican Governments

    The CRA will provide to the U.S. Government and the Government of 
Mexico whatever information and consultations may be useful in order to 
facilitate cooperation between the governments concerning the 
implementation and operation of the TRQ System. Furthermore, directly 
or through the U.S. Government, the CRA will endeavor to accommodate 
any information requests from the Government of Mexico (while 
protecting confidential information entrusted to the Administrator), 
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 described 
in the Certificate.
    The members of CRA that will be Members under the Certificate 
within the meaning of 15 CFR 325.2(1) after the amendment:
    1. Archer Daniels Midland Company
    2. Cargill, Incorporated
    3. Ingredion, Incorporated (Ingredion acquired Penford Corporation, 
which was a Member. Ingredion was formerly known as Corn Products 
International, Inc., which was a Member and which acquired National 
Starch and Chemical Company, which was a Member.)
    4. Tate & Lyle Ingredients Americas, Inc.

Definition

    Neutral third-party, as used in this Certificate of Review, means a 
party not related to CRA or any Member and who is not engaged in the 
production, distribution or sale of HFCS.


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    Dated: April 6, 2015.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration.
[FR Doc. 2015-08240 Filed 4-9-15; 8:45 am]
 BILLING CODE 3510-DR-P