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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: March 26, 2007 (Volume 72, Number 57)]


[Page 14081-14083]

From the Federal Register Online via GPO Access []






International Trade Administration


Export Trade Certificate of Review


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

Application No. 06-00003.



SUMMARY: On March 16, 2007, the U.S. Department of Commerce issued an

Export Trade Certificate of Review to the American Sugar Alliance

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

has been granted.


FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export


[[Page 14082]]


Trading Company Affairs, International Trade Administration, by

telephone at (202) 482-5131 (this is not a toll-free number), or by 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. The regulations implementing

Title III are found at 15 CFR part 325 (2005).

Export Trading Company Affairs (``ETCA'') is issuing this notice

pursuant to 15 CFR 325.6(b), which requires the U.S. Department of

Commerce to publish a summary of the certification 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


Sugar and syrups of U.S. origin, as defined in Chapter Four (Rules

of Origin) of the North American Free Trade Agreement, (``U.S.-origin

sugar'') in any of the following categories:


H.S. Code Description

1701.11.01.................... Sugar, with a dry sucrose content that

has polarization of 99.4 but not

exceeding 99.5 degrees.

1701.11.02.................... Sugar, with a dry sucrose content that

has polarization of 96 but not

exceeding 99.4 degrees.

1701.11.03.................... Sugar, with a dry sucrose content that

has polarization of 96 degrees.

1701.12.01.................... Sugar, with a dry sucrose content that

has polarization of 99.4 but not

exceeding 99.5 degrees.

1701.12.02.................... Sugar, with a dry sucrose content that

has polarization of 96 but not

exceeding 99.4 degrees.

1701.12.03.................... Sugar, with a dry sucrose content that

has polarization of 96 degrees.

1701.91.01.................... Containing added flavoring or coloring


1701.99.01.................... Sugar, with a dry sucrose content that

has polarization of 99.5 but not

exceeding 99.7 degrees.

1701.99.02.................... Sugar, with a dry sucrose content that

has polarization of 99.7 but not

exceeding 99.9 degrees.

1701.99.99.................... Others.

1701.90.01.................... Refined liquid sugar and inverted sugar.

1806.10.01.................... With a sugar content weighting not less

than 90%.

2106.90.05.................... Flavored syrups or with added coloring

matters (except syrups which have a

sugar content less than 90%).


Export Markets




Export Trade Activities and Methods of Operation



The ASA will allocate Certificates of Prior Approval (``CPAs'')

through which Mexico will permit duty-free entry of U.S.-origin sugar

into Mexico under the tariff-rate quota (``TRQ'') for U.S.-origin sugar

through December 31, 2007, as set forth below.

The ASA will allocate CPAs to any sugar beet processor or cane

sugar refiner in the United States that is listed as a Producer below.


CPA Administration


The ASA will allocate all CPAs at one time. In the event that any

CPAs are returned to ASA for any reason, ASA will reallocate those CPAs

among interested Producers. The allocation, and any reallocations, will

be completed before December 16, 2007.


Certificate System


Under the procedures for the TRQ published on October 16, 2006 in

the Mexican Diario Oficial, an importer in Mexico must file by December

15, 2007 with the Mexican Government a CPA issued by ASA to obtain a

license to allow U.S.-origin sugar to enter into Mexico free of duty

under the TRQ. The ASA will allocate CPAs among all Producers who

express an interest in obtaining the CPAs based on each Producer's

share of total U.S. sugar refining capacity in 2006, as reported to

ASA. The ASA shall issue CPAs to such Producers.

CPAs issued by ASA shall be freely transferable by Producers.

Transfers of CPAs after they are issued by ASA will be subject to the

normal application of the antitrust laws.


Information Collection and Exchange


ASA may ask Producers individually for their production capacity

figures for 2006 for the purposes of allocating the CPAs. Producers may

supply that information to ASA, and ASA may allocate CPAs to Producers

based on this information.

If production capacity information is collected by ASA, it will be

collected and collated, and the allocations of CPAs will be made, by an

employee or employees of ASA who are not employed by any member of the

ASA Executive Committee or any Producer. As of the effective date of

the Certificate, such employee or employees shall be the only persons

who will have access to the collected production capacity information.

Any exchange of Producers' production capacity information or CPA

allocation with other Producers, by Producers, ASA, any ASA member, or

any other person is activity that is not protected under this



Cooperation With the U.S. and Mexican Governments


The ASA will consult with the U.S. Government and the Government of

Mexico when necessary and provide to them whatever information may be

useful in order to facilitate cooperation between the governments

concerning the implementation and operation of the CPA System.

Furthermore, directly or through the U.S. Government, the ASA will

endeavor to accommodate any information requests from the Government of

Mexico (while protecting confidential information entrusted to the

ASA), and will consult with the Government of Mexico as appropriate.

All such information and consultations shall be subject to the

provision on Confidential Information (above) and the Terms and

Conditions (below).


Members (Within the Meaning of Section 325.(1) of the Regulations)


Members (in addition to ASA):

ASA Executive Committee (American Sugarbeet Growers Association,

American Sugar Cane League, Florida Sugar Cane League, Inc., Gay &

Robinson, Inc., Hawaiian Commercial & Sugar Co., Rio Grande Valley

Sugar Growers Inc., Sugar Cane Growers Cooperative of Florida, U.S.

Beet Sugar Association), and

Producers (Amalgamated Sugar Company LLC, American Sugar Refining

Inc., American Crystal Sugar Company and Sidney Sugars (a subsidiary of

American Crystal Sugar Co.), Florida


[[Page 14083]]


Crystals Corporation, Hawaiian Commercial & Sugar Company, Imperial

Sugar Company, Michigan Sugar Company, Minn-Dak Farmers Cooperative,

Southern Minnesota Beet Sugar Cooperative and Spreckels Sugar Company

(a subsidiary of Southern Minnesota Beet Sugar Cooperative), U.S. Sugar

Corporation, Western Sugar Cooperative and Wyoming Sugar Company LLC).


Protection Provided by Certificate of Review


This Certificate protects the ASA, its Executive Committee, the

Producers and the directors, officers, employees and representatives

acting on behalf of the ASA, the ASA Executive Committee and the

Producers from private treble damage actions and government criminal

and civil suits under U.S. federal and state antitrust laws for the

export conduct specified in the Certificate of Review and carried out

during its effective period in compliance with its terms and



Terms and Conditions of Certificate


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

neither ASA, the ASA Executive Committee, any Producer nor any neutral

third-party shall intentionally disclose, directly or indirectly, to

any Member (including parent companies, subsidiaries, or other entities

related to any Member) any information regarding any other Member's

costs, production, inventories, domestic prices, domestic sales,

domestic customers, domestic production capacity, domestic orders,

terms of domestic marketing or sale, or U.S. business plans,

strategies, or methods, unless such information is already generally

available to the trade or public.

2. If ASA determines that the collection or disclosure of any non-

public, company-specific information is necessary for the allocation of

CPAs to Producers, ASA must seek an amendment of this Certificate to

add such export conduct to this Certificate.

3. ASA, the ASA Executive Committee and the Producers 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 of Commerce 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 continue to comply with the standards of section 303(a) of

the Act.


Effective Period of Certificate


This Certificate continues in effect from the effective date

indicated below until it is relinquished, modified, or revoked, as

provided in the Act and the Regulations.


Other Conduct


Nothing in this Certificate prohibits the ASA, the ASA Executive

Committee and the Producers from engaging in conduct not specified in

this Certificate, but such conduct is subject to the normal application

of the antitrust laws.




The issuance of this Certificate of Review to ASA by the Secretary

of Commerce with the concurrence of the Attorney General under the

provisions of the Act does not constitute, explicitly or implicitly, an

endorsement or opinion by the Secretary of Commerce or by the Attorney

General concerning either (a) the viability or quality of the business

plans of ASA, the ASA Executive Committee or the Producers or (b) the

legality of such business plans of ASA, the ASA Executive Committee or

the Producers under the laws of the United States (other than as

provided in the Act) or under the laws of any foreign country.

The application of this Certificate to conduct in export trade

where the United States Government is the buyer or where the United

States Government bears more than half the cost of the transaction is

subject to the limitations set forth in Section V.(D.) of the

``Guidelines for the Issuance of Export Trade Certificates of Review

(Second Edition),'' 50 FR 1786 (January 11, 1985).

In accordance with the authority granted under the Act and the

Regulations, this Certificate of Review is hereby issued to the

American Sugar Alliance.

The effective date of the Certificate is March 16, 2007. A copy of

the Certificate will be kept in the International Trade

Administration's Freedom of Information Records Inspection Facility,

Room 4100, U.S. Department of Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230.


Dated: March 20, 2007.

Jeffrey C. Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E7-5498 Filed 3-23-07; 8:45 am]




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

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