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Export Trading Company Affairs (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: November 5, 2003 (Volume 68, Number 214)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of application.
SUMMARY: The Office of Export Trading Company Affairs (``OETCA''),
International Trade Administration, Department of Commerce, has
received an application for an Export Trade Certificate of Review. 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: Jeffrey C. Anspacher, Director, Office
of Export Trading Company Affairs, International Trade Administration,
by telephone at (202) 482-5131 (this is not a toll-free number) or e-mail at firstname.lastname@example.org.
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 of 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: Office of Export Trading Company
Affairs, International Trade Administration, Department of Commerce,
Room 1104H, Washington, DC 20230, or transmitted by e-mail to email@example.com. 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 03-00007.'' A
summary of the application follows.
Summary of the Application
Applicant: The Great Lakes Fruit Exporters Association, LLC,
(GLFEA), 4949 North Branch Road, Benton Harbor, MI 49022, Contact:
Denise Yockey, Telephone: (517) 336-4626.
Application No.: 03-00007.
Date Deemed Submitted: October 21, 2003.
GLFEA is a Limited Liability Company formed under the laws of the
state of Michigan. Members (in addition to applicant): Greg Orchards
and Produce, Inc. Benton Harbor, MI; Riveridge Produce Marketing, Inc.,
Sparta, MI; North Bay Produce, Inc., Traverse City, MI; Applewood
Orchards, Inc., Deerfield, MI; Heeren Brothers Inc., d/b/a/ Heeren
Brothers Produce, Grand Rapids, MI; Greenridge Fruit, Inc., Grand
Rapids, MI; Jack Brown Produce, Inc., Sparta, MI; BelleHarvest Sales,
Inc., Belding, MI; A.J.'s Produce Inc., Casnovia, MI; Appltree
Marketing LLC, Ada, MI.
GLFEA seeks a Certificate to cover the following specific Export
Trade, Export Markets, and Export Trade Activities and Methods of
All export-related services, including, but not limited to,
international market research, marketing, advertising, sales promotion,
brokering, handling, transportation, common marking and identification,
communication and processing of foreign orders to and for Members,
financing, export licensing and other trade documentation, warehousing,
shipping, legal assistance, foreign exchange and taking title to goods.
3. Technology Rights
Technology Rights, including, but not limited to, patents,
trademarks, copyrights and trade secrets that relate to Products and
4. Export Trade Facilitation Services (as They Relate to the Export of
Products, Services and Technology Rights)
Export Trade Facilitation Services, including, but not limited to,
professional services and assistance relating to: Government relations;
State and Federal export programs; foreign trade and business protocol;
consulting; market research and analysis; collection of information on
trade opportunities; marketing; negotiations; joint ventures; shipping
and export management; export licensing; advertising; documentation and
services related to compliance with customs requirements; insurance and
financing; trade show exhibitions; organizational development;
management and labor strategies; transfer of technology; transportation
services; and the formation of shippers' associations.
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
1. With respect to the sale of Products and Services, licensing of
Technology Rights and provisions of Export Trade Facilitation Services,
GLFEA on its own or on behalf of any of its members may:
a. Establish sale prices, minimum sale prices, target sale prices
and/or minimum target sale prices and other terms of sale in export
b. Conduct marketing and distribution of fresh apples in export
c. Conduct promotion of fresh apples;
d. Agree on quantities of fresh apples to be sold provided that
each member shall be required to dedicate only that quantity or
quantities as each Member shall independently determine.
e. Allocate geographic areas or countries in the export markets
and/or customers in export markets among members.
f. Refuse to quote prices for fresh apples, or to market or sell
fresh apples, to or for any customers in the export markets, or any
countries or geographic areas in the export markets.
g. Enter into exclusive and nonexclusive agreements appointing one
or more export intermediaries for the sales of fresh apples with price,
quantity, territorial and/or customer restrictions as provided above.
2. GLFEA and it Members may exchange and discuss the following
a. Information about sale and marketing efforts for the export
markets, activities and opportunities for sales of fresh apples in the
export markets, selling strategies for the export markets, sales for
the export markets, contract and spot pricing in the export markets,
projected demands in the export markets for fresh apples, customary
terms of sale in the export markets, prices and availability of fresh
apples from competitors for sale in the export markets, and
specifications for fresh apples by customers in the export markets.
b. Information about the price, quality, quantity, source, and
delivery dates of fresh apples available from the Members to export.
c. Information about terms and conditions of contracts for sale in
the export markets to be considered and/or bid on by The Great Lakes
Fruit Exporters Association and its Members.
d. Information about joint bidding or selling arrangements for the
export markets and allocations of sales resulting from such
arrangements among the Members.
e. Information about expenses specific to exporting to and within
the export markets, including without limitation, transportation,
trans-or intermodel shipments, insurance, inland freights to port, port
storage, commissions, export sales, documentation, financing, customs,
duties, and taxes.
f. Information about U.S. and foreign legislation and regulations,
including Federal marketing order programs, affecting sales for the
g. Information about The Great Lakes Fruit Exporters Association or
its Members' export operations, including without limitation, sales and
distribution networks established by The Great Lakes Fruit Exporters
Association or its Members in the export markets, and prior export
sales by Members (including export price information).
h. Information about export customer credit terms and credit
3. The Great Lakes Fruit Exporters Association and its Members may
meet to engage in the activities described in paragraphs 1 and 2 above.
1. ``Supplier'' means a person who produces, provides, or sells a
Product and/or Service.
Dated: October 29, 2003.
Jeffrey C. Anspacher,
Director, Office of Export Trading Company Affairs.
[FR Doc. 03-27722 Filed 11-4-03; 8:45 am]
BILLING CODE 3510-DR-P