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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: July 14, 2000 (Volume 65, Number 136)]


[Page 43737-43738]

From the Federal Register Online via GPO Access []



International Trade Aadministration

[Application No. 00-00003]

Export Trade Certificate of Review

AGENCY: International Trade Administration, Department of Commerce.

ACTION: Notice of Issuance of an Export Trade Certificate of Review.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to North American Fruit Trading Alliance, L.L.C.

(``NAFTA''). This notice summarizes the conduct for which certification

has been granted.

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.

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. The regulations implementing

Title III are found at 15 CFR Part 325 (1999).

The Office of Export Trading Company Affairs (``OETCA'') is issuing

this notice pursuant to 15 CFR 325.6(b), which requires the Department

of Commerce to publish a summary of a Certificate in the Federal

Register. Under Section 305 (a) of the Act and 15 CFR 325.11(a), any

person aggrieved by the Secretary's determination may, within 30 days

of the date of this notice, bring an action in any appropriate district

court of the United States to set aside the determination on the ground

that the determination is erroneous.

Description of Certified Conduct

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 and 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).

Members (Within the Meaning of Section 325.2(1) of the Regulations)

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.

Export Trade Activities and Methods of Operation

NAFTA and its Members may engage in the following activities with

respect to Export Markets:

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. Enter into exclusive distribution agreements in Export Markets

for Products and/or Technology Rights with 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.

``Member'' means a person who has membership in NAFTA and who has

been certified as a ``Member'' within the meaning of Section 325.2(l)

of the Regulations.

Terms and Conditions of Certificate

1. In engaging in Export Trade Activities and Methods of Operation,

neither NAFTA nor any Member shall intentionally disclose, directly or

indirectly, to any other Member or Supplier any information that is

about its or any other Member's or Supplier's costs, production,

capacity, inventories, domestic prices, domestic sales, terms of

domestic marketing or sale, or U.S. business plans, strategies, or


[[Page 43738]]

unless (1) such information is already generally available to the trade

or public, or (2) the information disclosed is a necessary term or

condition (e.g., price, time required to fill an order, etc.) Of an

actual or potential bona fide sale and the disclosure is limited to the

prospective purchasing Member.

2. Meetings at which NAFTA allocates export sales among Members and

establishes export prices shall not be open to the public.

3. Participation by a Member in any Export Trade Activity or Method

of Operation under this Certificate shall be entirely voluntary as to

that Member, subject to the honoring of contractual commitments for

sales of Products, Services or Technology Rights in specific export

transactions. A Member may withdraw from coverage under this

Certificate at any time by giving written notice to NAFTA, a copy of

which NAFTA shall promptly transmit to the Secretary of Commerce and

the Attorney General.

4. NAFTA and the Members will comply with requests made by the

Secretary of Commerce on behalf of the Secretary or the Attorney

General for information or documents relevant to conduct under the

Certificate. The Secretary of Commerce will request such information or

documents when either the Attorney General or the Secretary believes

that the information or documents are required to determine that the

Export Trade, Export Trade Activities and Methods of Operation of a

person protected by this Certificate of Review continue to comply with

the standards of section 303(a) of the Act.

5. Each Member shall determine independently the quantities of

Products it will offer to export or sell through NAFTA. NAFTA may not

require any Member to accept any order for sale or to export any

minimum quantity of Products.

Protection Provided by the Certificate

This Certificate protects NAFTA, its Members and their directors,

officers, and employees acting on their behalf, from private treble

damage actions and governmental criminal and civil suits under U.S.

federal and state antitrust laws for the export conduct specified in

the Certificate and carried out during its effective period in

compliance with its terms and conditions.

A copy of this certificate will be kept in the International Trade

Administration's Freedom of Information Records Inspection Facility

Room 4102, U.S. Department of Commerce, 14th Street and Constitution

Avenue, N.W., Washington, DC 20230.

Dated: July 11, 2000.

Morton Schnabel,

Director, Office of Export Trading Company Affairs.

[FR Doc. 00-17909 Filed 7-13-00; 8:45 am]


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

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