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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: January 22, 2003 (Volume 68, Number 14)]


[Page 3011-3012]

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: Jeffrey C. Anspacher, Director, Office

of Export Trading Company Affairs, International Trade Administration,

(202) 482-5l3l (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 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 02-00005.'' A

summary of the application follows.

Summary of the Application

Applicant: Virginia Apple Growers Association, (``VAGA''), P.O. Box

1163, Richmond, Virginia 23218.

Contact: Richard Gilmore, President/CEO.

Telephone: (703) 684-1366.

Application No.: 02-00005.

Date Deemed Submitted: January 6, 2003.

Members (in addition to applicant): Bowman Fruit Sales, L.L.C.,

Timberville, VA; Crown Orchard Company, LLP, Batesville, VA; Flippin-

Seaman, Inc., Tyro, VA; and Glaize, L.C., Fred L., Winchester, VA.

The proposed Export Trade Certificate of Review would extend

antitrust protection to VAGA, and /or one or more of its Members to

conduct the following export trade activities:

[[Page 3012]]

I. Export Trade

A. Products

1.Fresh Apples: any variety of apples intended for human

consumption including but not limited to: Red Delicious, Golden

Delicious, Rome, Stayman, York, Winesap, Granny Smith, Jonathan, Red,

Gala, Empire, McIntosh, Fuji, Ginger Gold, Braebur, and Cortland.

2. Processed Apples: Includes a variety of apple products used for

human consumption; mainly, apple juice, apple cider, applesauce, and

apple butter.

B. Export Trade Facilitation Services (As They Relate to the Export 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.

II. Export Trade Activities and Methods of Operation

With respect to export trade activities, VAGA and/or one or more of

its members may on behalf of and with the advice and assistance of its


1. Participate in negotiations and enter into agreements with

foreign buyers (including governments and private persons) regarding:

a. the quantities, time periods, prices, and terms and conditions

in connection with actual or potential bona fide export opportunities

b. non-tariff trade barriers in the Export Markets;

2. Establish export prices and allocate export sales among its

Members, in connection with actual or potential bona fide export


3. Enter into agreements with non-Members, whether or not

exclusive, to provide Export Trade Services and Trade Facilitation


4. Negotiate and enter into agreements with providers of

transportation services for the export of the Products;

5. Advise and cooperate with the United States and foreign

governments in:

a. establishing procedures regulating the export of the Products

b. fulfilling the phytosanitary and/or funding requirements imposed

by foreign governments for export of the Products;

6. Establish and operate fumigation facilities and administer

phytosanitary protocols to qualify the Products for Export Markets;

7. Communicate and process export orders;

8. Conduct direct sales;

9. Broker or take title to Products acquired from non-Member

producers whenever necessary to fulfill specific sales obligations;

10. Operate foreign sales and distribution offices and companies to

facilitate the sales and distribution of the Products in the Export


11. Refuse to deal with or provide quotations to other Export

Intermediaries for sales of the Members' Products into the Export


12. Retain the option for VAGA to be the exporter of record with

regard to sales conducted by and through VAGA;

13. Develop internal operational procedures and disseminate

information to Members to assist the membership in meeting the criteria

necessary for exporting;

14. Receive and (each Member may) supply information as to each

Member's actual or intended total export shipments of certified

products in any previous or future growing season or seasons. VAGA,

through employees or agents of VAGA who are not also employees of a

Member, may receive and each Member may supply to such employees or

agents of VAGA, information as to such Member's actual or intended

total export shipments in any previous growing season or seasons,

provided that such information is not disclosed by VAGA to any other


15. Exchange information with and among the Members as necessary to

carry out the Export Trade Facilitation Services, Export Trade

Activities and Methods of Operation;

16. Provide Export Market entry and development assistance to its

Members, including:

a. designing and executing foreign marketing strategies for VAGA's

Export Markets

b. designing, developing, and marketing generic corporate labels

c. other related administrative and promotional services;

17. Solicit non-Members to become Members;

18. Recover administrative expenses and costs through fees and

assessments allocated to each Member on a pro-rata share basis or any

other non-discriminatory method (any Member objecting to the method of

allocating expenses and costs will be charged based on actual expenses


19. Apply for and utilize export assistance and incentive programs,

as well as arrange financing through bank holding companies,

governmental programs, and other arrangements; and

20. Bill and collect from foreign buyers and provide accounting,

tax, legal, and consulting assistance and services.

III. 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).


``Export Intermediary'' means a person who acts as distributor,

sales representative, sales or marketing agent, or broker, or who

performs similar functions, including providing or arranging for the

provision of Export Trade Facilitation Services.

Dated: January 16, 2003.

Vanessa Bachman,

Acting Director, Office of Export Trading, Company Affairs.

[FR Doc. 03-1357 Filed 1-21-03; 8:45 am]


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

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