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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: April 18, 2000 (Volume 65, Number 75)]


[Page 20802-20803]

From the Federal Register Online via GPO Access []



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: Morton Schnabel, Director, Office of

Export Trading Company Affairs, International Trade Administration,

(202) 482-5131 (this is not a toll-free number) or E-mail at

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. A 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 Act 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 a Certificate should be issued. If the comments

include any privileged

[[Page 20803]]

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

copies, plus two 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 transmit by E-mail at 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 00-00003.'' A summary of the application follows.

Summary of the Application

Applicant: North America Fruit Trading Alliance, L.L.C.

(``NAFTA''), PO Box 574, Frankfort, Michigan 49635.

Contact: Donald W. Nugent, President, Telephone: (231) 352-7181.

Application No.: 00-00003.

Date Deemed Submitted: April 10, 2000.

Members (in addition to applicant): Graceland Fruit, Inc.,

Frankfort, MI; Burnette Foods, Inc., Elk Rapids, MI; Milne Fruit

Products, Inc., Prosser, WA (Controlling Entity: Ocean Spray

Cranberries, Inc., Lakeville, MA); and Northern Michigan Fruit Co.,

Omena, MI.

NAFTA seeks a Certificate to cover the following specific Export

Trade, Export Markets, and Export Trade Activities and Methods of


Export Trade

1. Products

Processed red cherries (prunus cerasus); cherry products including

but not limited to cherry pie filling, water pack cherries, cherry

juice concentrate, dried cherries, frozen pack cherries, individually

quick frozen cherries, cherry sausage, cherry jams, jellies an sauces.

Processed sweet cherries including but not limited to individually

quick frozen and stored in freezer (IQF); cherries canned in water,

light syrup, heavy syrup, extra heavy syrup or as a pie fill; and juice

from sweet cherries.

2. Technology Rights

Patents, trademarks, service marks, copyrights, trade secrets,

know-how, and semiconductor mask works, involving cherry processing.

3. Export Trade Facilitation Services (as they Relate to the Export of

Products and Technology Rights)

Trade promotion, marketing, sales, and transportation services

(including packing, transportation, wharfing and handling, trade

documentation, freight forwarding, storage, and customs clearance).

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).

The proposed Export Trade Certificate of Review would extend

antitrust protection to NAFTA to conduct the following export trade


1. Negotiate and enter into agreements with buyers in the Export


2. Negotiate and enter into agreements with foreign governments and

other persons in the Export Markets regarding the quantities, time

periods, prices, terms, and conditions upon which the Members will

export Products and/or Technology Rights through NAFTA.

3. Allocate export sales and/or Export Markets among the Members on

the basis of each Member's commitment of Products and/or Technology

Rights for export;

4. Establish prices and terms of sale for the Export Markets;

5. Use the NAFTA or other common brand or label;

6. Negotiate and enter into agreement, on behalf of and with the

advice of the Members, for the provision of Export Trade Facilitation

Services (including trade shows, advertising, and contract marketing


7. Share among the Members the cost of Export Trade Facilitation


8. Grant exclusive distribution rights in Export Markets for

Products and/or Technology Rights to non-Members; ``Exclusive'' means

that the non-Member distributor may agree not to represent any person

or firms other than NAFTA in the export of Products and/or Technology

Rights in any Export Markets; and/or NAFTA may agree not to export

Products and/or Technology Rights in any Export Market through any

distributor other than that non-Member distributor;

9. Advise and cooperate with the United States Government or any

agency of the United States Government in establishing procedures

regulating the export of Products and/or Technology Rights; and

10. Conduct product research and design for Products (and develop,

obtain, and license associated Technology Rights) only when conducted

exclusively for export, including meeting foreign regulatory

requirements and foreign buyers specifications, and identifying and

designing for foreign buyer preferences; provided, however, that the

Export Trade Activities and Methods of Operation do not cover activity

that relates to the use of Technology Rights for the U.S. domestic



``Supplier'' means a person, including each member, who produces,

provides, or sells Products, Technology Rights, or Export Trade

Facilitation Services.

Dated: April 12, 2000.

Morton Schnabel,

Director, Office of Export Trading Company Affairs.

[FR Doc. 00-9493 Filed 4-17-00; 8:45 am]


Last Updated: 8/25/15 5:46 PM

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