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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: November 26, 2003 (Volume 68, Number 228)]


[Page 66400-66401]

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. 03-00005.

SUMMARY: The Department of Commerce has issued an Export Trade

Certificate of Review to American Commodity Company, LLC (``ACC'').

This notice summarizes the conduct for which certification has been


FOR FURTHER INFORMATION CONTACT: Jeffrey C. Anspacher, Director, Office

of Export 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 l982 (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 (2003).

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 the Certification in the Federal

Register. Under section 305 (a) of the Act and 15 CFR 325.ll(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

U.S. rice and rice products including: rough rice, brown rice,

milled, undermilled or unpolished rice, coated rice, oiled rice,

enriched rice, rice bran, rice polish, head rice, broken rice,

secondhead rice, brewers rice, screenings, rice flour, and rice hulls.

2. Technology Rights

Technology Rights, including, but not limited to: patents,

trademarks, service marks, copyrights, trade secrets and know-how that

relate to the Products.

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

Products and Technology Rights)

Export Trade Facilitation Services, including, but not limited to:

arranging and coordinating delivery of Product to port of export,

arranging for inland and/or ocean transportation, allocating Product to

vessel; arranging for storage space at port; arranging for warehousing,

stevedoring, wharfage, handling, inspection, fumigation, quality

control, financing, freight forwarding, insurance and documentation;

reviewing letters of credit; invoicing foreign buyer; collecting

payment; and arranging for payment of applicable brokerage fees and


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 Trade Activities and Methods of Operation

With respect to the sale of Products, licensing of Technology

Rights, and provisions of the Export Trade Facilitation Services, under

its proposed Export Trade Certificate of Review, the American Commodity

Company, LLC may:

(a) Receive information on an individual basis from individual

Suppliers regarding Product available for export and delivery schedules

for the purpose of determining the availability of Products for

purchase and export;

(b) Solicit offers from Suppliers to sell Product to ACC for a

specific export opportunity;

(c) Obtain agreements from Suppliers to offer/sell Product through

the certified activities of ACC;

(d) Establish prices, quantities and terms for sales of Product in

export markets;

[[Page 66401]]

(e) Solicit orders from potential foreign distributors and

purchasers of Product for delivery to export markets;

(f) Submit offers to potential distributors and purchasers for sale

of Product for delivery to export markets;

(g) Negotiate and enter into agreements for sale of Product in

export markets;

(h) Enter into agreements to purchase Product from one or more

Suppliers by which Suppliers may agree to sell exclusively to ACC for

delivery in a particular export market or markets. ACC may agree to

purchase exclusively from particular Supplier(s) for resale of Product

in a particular export market or markets;

(i) Enter into agreements with one or more Export Trade

Intermediaries or purchasers for their purchase of Product by which ACC

may agree to deal exclusively with a given customer in the export

market and/or that customer may agree to deal exclusively with ACC.

Additionally, that customer may agree not to purchase from ACC's

competitors unless authorized by the ACC to do so;

(j) Allocate sales of Product and/or distribute export orders among

Suppliers on any basis ACC deems appropriate;

(k) Act as broker and/or operate as sub-contractor to suppliers and

possibly take title to Product;

(l) Utilize applicable export assistance and incentive programs

which are available to ACC within the government and trade sectors;

(m) Provide and/or arrange for the provision of Export Trade

Facilitation Services;

(n) Use its discretion, in good faith, to sell Product, quote

prices for Product, provide information regarding Product, or to market

or sell Product to any distributors or purchasers of its choosing in

export markets or in any countries or geographic areas in export

markets; and

(o) Meet with Suppliers, Export Trade Intermediaries, or trade

associations periodically to discuss matters specific to exporting

Product (not related to price and supply arrangements between applicant

and the individual suppliers) such as relevant facts concerning export

markets (e.g. demand conditions, transportation costs and prices), or

the possibility of joint marketing, selling or bidding arrangements in

the export markets.


``Export Trade Intermediary'' means a person who acts as

distributor, sales representative, sales or marketing agent, or broker,

or who performs similar functions including or arranging for the

provision of Export Trade Facilitation Services.

``Supplier'' means a person who produces, provides or sells a


Terms and Conditions of Certificate

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

ACC shall not intentionally disclose, directly or indirectly, to any

Supplier any information regarding its or any other Supplier's costs,

production, capacity, inventories, domestic prices, domestic sales,

domestic customers, or U.S. business plans, strategies, or methods,

unless such information is already generally available to the trade or


2. ACC 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 of Review continue to comply with the

standards of section 303(a) of the Act.

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, NW., Washington, DC 20230.

Dated: November 19, 2003.

Jeffrey C. Anspacher,

Director, Office of Export Trading, Company Affairs.

[FR Doc. 03-29563 Filed 11-25-03; 8:45 am]


Last Updated: 8/25/15 4:51 PM

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