[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)]
[Notices]
[Pages 55519-55520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24220]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 18-00002]


Export Trade Certificate of Review

ACTION: Notice of application for an Export Trade Certificate of Review 
for Alaska Groundfish Commission (``AGC''), Application Number 18-
00002.

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SUMMARY: The Office of Trade and Economic Analysis (``OTEA'') of the 
International Trade Administration, Department of Commerce, received an 
application for an Export Trade Certificate of Review 
(``Certificate''). This notice summarizes the 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. Sections 4001-21) (``the Act'') authorizes the 
Secretary of Commerce to issue Export Trade Certificates of Review. A 
Certificate 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. The regulations implementing Title III are found 
at 15 CFR part 325 (2018). OTEA is issuing this notice pursuant to 15 
CFR 325.6(a), which requires the Secretary of Commerce to publish a 
summary of the application in the Federal Register, identifying the 
applicant and each member, and summarizing 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 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: Office of Trade and Economic 
Analysis, 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 this application as ``Export Trade Certificate 
of Review, application number 18-00002.''

Summary of the Application

    Applicant: Alaska Groundfish Commission, address c/o Mundt 
MacGregor L.L.P. (below).
    Contact: Duncan R. McIntosh, Attorney at Law, Mundt MacGregor 
L.L.P., 271 Wyatt Way NE, Suite 106, Bainbridge Island, WA, 98110; 
(206) 319-1105.
    Application No.: 18-00002.
    Date Deemed Submitted: October 22, 2018.
    Summary: AGC and its seven proposed Members (as defined in 15 CFR 
352.2(l)) seek a Certificate to engage in the export conduct described 
below.

Applicant/Certificate Holder

 AGC

Proposed Members

 Ocean Peace, Inc., Seattle, WA
 M/V Savage, Inc., Seattle, WA
 AK Victory, Inc., Seattle, WA
 The Fishing Company of Alaska, Inc., Seattle, WA
 Alaska Warrior, Inc., Seattle, WA
 O'Hara Corporation, Rockland, ME
 O'Hara DISC, Inc., Rockland, ME

Export Products

     AGC and its Members propose to export the following six 
products, which are frozen-at-sea (i.e., export product is frozen on 
the catcher-processor trawl vessel while at-sea), and in headed and 
gutted (i.e., head and viscera are removed) and round (i.e., whole) 
forms: Atka mackerel, Pacific Ocean perch, yellowfin sole, Pacific cod, 
flathead sole, and rock sole (collectively, the ``Export Products'').

Export Conduct

     AGC and its Members propose to export to 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).
     AGC 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 AGC for 
sale in export markets. AGC may not require any Member to export any 
minimum quantity of Export Product.
    2. AGC and/or its Members may enter into agreements to act in 
certain countries or markets as the Members' exclusive or non-exclusive 
export intermediary for the quantity of Export Product dedicated by 
each Member for sale by AGC or any Member in that country or market. In 
any such agreement (i) AGC or the Member 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, and (ii) Members may 
agree that they will export the quantity of Export Product dedicated 
for sale in such export markets only through AGC or the Member acting 
as exclusive export intermediary, and that they will not export Export 
Product otherwise, either directly or through any other export 
intermediary.
    3. AGC and/or one or more of its Members may engage in joint 
bidding or selling arrangements for export markets

[[Page 55520]]

and allocate sales resulting from such arrangements among the Members.
    4. The Members may refuse to deal with export intermediaries other 
than AGC and its Members.
    5. AGC may, for itself and on behalf of its Members, by agreement 
with its 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. AGC 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, AGC 
and its Members may agree on the quantities of Export Product and the 
prices at which AGC 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. AGC 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. AGC and its Members may solicit individual non-Member suppliers 
of Export Product to sell such Export Product to AGC or Members for 
sale in export markets.
    10. AGC and its Members may prescribe conditions for withdrawal of 
Members from and admission of Members to AGC.
    11. AGC 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.
    12. AGC may conduct meetings of its Members to engage in the 
activities described in paragraphs 1 through 11, above.
    13. AGC may compile for, collect from, and disseminate to its 
Members, and the Members may discuss among themselves, either in 
meetings conducted by AGC or independently via telephone and other 
available and appropriate modes of communication, the following types 
of information with respect to the export of
    Export Product to export markets only:
    (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 AGC 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) AGC's and/or its Members' export operations, including without 
limitation, sales and distribution networks established by AGC or its 
Members in export markets, and prior export sales by Members (including 
export price information).

    Dated: October 31, 2018.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration, U.S. Department of Commerce.
[FR Doc. 2018-24220 Filed 11-5-18; 8:45 am]
 BILLING CODE 3510-DR-P