[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Notices]
[Pages 15023-15024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05866]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 17-00001]


Export Trade Certificate of Review

ACTION: Notice of application for an Export Trade Certificate of Review 
for ADM Rice, Inc. and ADM Export Co., Application No. 17-00001.

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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 Export Trade Certificate of Review 
(``Certificate''). This notice summarizes the proposed application and 
requests comments relevant to whether the 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 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 
21028, 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

[[Page 15024]]

this application as ``Export Trade Certificate of Review, application 
number 17-00001.''
    A summary of the current application follows.

Summary of the Application

    Applicant: ADM Rice, Inc. and ADM Export Co., 600 White Plains Road 
#605, Tarrytown, New York, 10591.
    Contact: Andrew Shoyer, Partner--Sidley Austin LLP; Telephone: 
(202) 736-8326.
    Application No.: 17-00001.
    Date Deemed Submitted: March 10, 2017.
    Summary: ADM Rice, Inc. and ADM Export Co. seek 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: ADM Rice, Inc. and ADM Export Co. propose to export under 
the Certificate, directly and through other suppliers, rice and rice 
products, including but not limited to: Harvest rice; rough rice; brown 
rice; milled, under milled, and unpolished rice; coated rice; oiled 
rice; enriched rice; rice bran; polished rice; head rice; broken rice; 
second head rice; brewers rice; screenings; and rice flour; but not 
wild rice. This includes U.S. Calrose, U.S. Akitakomachi, Calhikari, 
U.S. Koshihikari, U.S. Mochi, and U.S. M-401. Listed below are the 
North American Industry Classification System codes at the six-digit 
level for the rice products that ADM Rice, Inc. and ADM Export Co. 
intend to export:

 1006.10
 1006.20
 1006.30
 1006.40

    Services: All services related to the export of Products.
    Technology Rights: All intellectual property rights associated with 
Products or Services, including, but not limited to: Patents, 
trademarks, services marks, trade names, copyrights, neighboring 
(related) rights, trade secrets, know-how, and confidential databases 
and computer programs.
    Export Trade Facilitation Services: Services to facilitate the 
export of Products, including but not limited to: Consulting and trade 
strategy; converting harvest rice to marketable finished rice products 
via the drying, storage, milling and packaging process for export; 
arranging and coordinating delivery of products to port of export; 
arranging for inland and/or marine transportation; allocating products 
to vessel; arranging for storage space at port; arranging for 
warehousing, stevedoring, wharfage, handling, inspection, fumigation 
and freight forwarding; insurance and financing; documentation and 
services related to compliance with customs requirements; sales and 
marketing; export brokerage; foreign marketing and analysis; foreign 
market development; overseas advertising and promotion; product-related 
research and design based upon foreign buyer and consumer preferences; 
inspection and quality control; shipping and export management; export 
licensing; provisions of overseas sales and distribution facilities and 
overseas sales staff; legal, accounting, and tax assistance; 
development and application of management information systems; trade 
show exhibitions; professional services in the area of government 
relations and assistance with federal and state export assistance 
programs; invoicing foreign buyers; collecting payment for products; 
and arranging for payment of applicable commissions and fees.

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 Operations

    To engage in Export Trade in the Export Markets, ADM Rice, Inc. and 
ADM Export Co. may:
    1. Exchange information with Suppliers or Export Intermediaries 
individually regarding the availability of Products for export, prices 
of Products for sale in the Export Markets, and coordinating the export 
of Products to Export Markets;
    2. Process other Suppliers' harvest rice to marketable finished 
Products for Export Markets via drying, storage, milling, and packaging 
processes;
    3. Solicit orders for the export of Products from potential foreign 
distributors and purchasers in Export Markets;
    4. Prepare and submit offers of Products to potential foreign 
distributors, purchasers, and other entities for sale in Export 
Markets;
    5. Establish the price and quantity of Products for sale in Export 
Markets and set other terms for any export sale;
    6. Negotiate and enter into agreements for sale of Products in 
Export Markets;
    7. Enter into agreements to purchase Products from one or more 
Suppliers to fulfill specific export sales obligations;
    8. Apply for and utilize government export assistance and incentive 
programs; and
    9. Meet with Suppliers or other entities periodically to discuss 
general matters specific to the activities approved in this Certificate 
(not related to price and supply arrangements between ADM Rice, Inc. 
and ADM Export Co. and the individual Suppliers) such as relevant facts 
concerning the Export Markets (e.g., demand conditions, transportation 
costs and prices in the export markets), or the possibility of joint 
marketing, bidding or selling arrangements in the Export Markets.

Definition

    ``Supplier'' means a person who mills, produces, provides, markets, 
or sells Products, Services and/or Technology Rights.
    ``Export Intermediary'' means a person who acts as a distributor, 
representative, sales or marketing agent, joint marketer, or broker, or 
who performs similar functions.

    Dated: March 21, 2017.
Amanda Reynolds,
Office of Trade and Economic Analysis, International Trade 
Administration, U.S. Department of Commerce.
[FR Doc. 2017-05866 Filed 3-23-17; 8:45 am]
 BILLING CODE 3510-DR-P