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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: December 26, 2006 (Volume 71, Number 247)]


[Page 77385-77386]

From the Federal Register Online via GPO Access []






International Trade Administration


Export Trade Certificate of Review


ACTION: Notice of application.



SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade

Administration, Department of Commerce, has received an application for

an Export Trade Certificate of Review (``Certificate''). 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 Anspacher, Director, Export

Trading Company Affairs, International Trade Administration, by

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



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 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: Export Trading Company Affairs,

International Trade Administration, U.S. Department of Commerce, Room

7021-B H, 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 06-00003.'' A

summary of the application follows.


Summary of the Application


Applicant: American Sugar Alliance (``ASA''). 2111 Wilson

Boulevard, Suite 600. Arlington, VA 22201.

Contact: Robert C. Cassidy, Jr. Counsel for ASA.

Telephone: (202) 663-6740.

Application No.: 06-00003.

Date Deemed Submitted: December 14, 2006,


Members (in addition to applicant)


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

Sugar Beet Processors and Cane Sugar Refiners (``Producers''):

Amalgamated Sugar Company LLC (owned by Snake River Sugar Company),

American Sugar Refining Inc. (owned by Florida Crystals Corporation and

the Sugar Cane Growers Cooperative of Florida), American Crystal Sugar

Company and Sidney Sugars (a subsidiary of American Crystal Sugar

Company), Florida 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.

Under the proposed Export Trade Certificate of Review, ASA would

allocate Certificates of Prior Approval (``CPAs'') to Producers,

permitting duty-free entry of U.S. sugar into Mexico under the tariff-

rate quota (``TRQ'') for U.S.-origin sugar.

ASA seeks an Export Trade Certificate of Review to cover the

following specific Export Trade, Export Markets, and Export Trade

Activities and Methods of Operation.


Export Trade




U.S.-origin sugar and syrups meeting the following definitions:



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%.


[[Page 77386]]



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

matters (except syrups which have a

sugar content less than 90%).


Export Markets


U.S.-origin sugar for which Certificates of Prior Approval

(``CPAs'') are allocated will be exported only to Mexico.


Export Trade Activities and Methods of Operation


The ASA will allocate CPAs to any Producer that requests CPAs.


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.


Certificate System


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

the Mexican Diario Oficial, an importer in Mexico must file 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 shall 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 antitrust laws.


Confidential Information


Each Member may provide to the ASA information regarding its

capacity to produce refined sugar in the United States for the purpose

of calculating the allocation of CPAs.

Allocation of CPAs will not involve any agreement or exchange of

sensitive information among Members. Annual U.S. refining capacity

information is currently available to the ASA, and no further

information should be necessary. If additional information should be

required, and this information is non-public, company-specific business

information, ASA shall consider the information to be ``confidential'',

and ASA shall maintain its confidentiality. ASA shall not disclose this

confidential information to any party other than the submitter, or to

any officers, agents, or employees of any party other than the

submitter, and shall not disclose confidential information to any other

person except to another neutral third party as necessary to make the

determination for which the information was submitted, to allocate

CPAs, or in connection with reports to the Department of Commerce as

required by the Export Trade Certificate of Review or the arbitration

of a dispute.


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.


Dated: December 19, 2006.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E6-22053 Filed 12-22-06; 8:45 am]




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

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