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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 21, 2002 (Volume 67, Number 225)]


[Page 70211-70212]

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, U.S. 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) 482-5131 (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. 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: Office of Export Trading Company

Affairs, International Trade Administration, U.S. Department of

Commerce, Room 1104H, 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

02-00004.'' A summary of the application follows.

Summary of the Application

Applicant: California Pistachio Export Association (``CPEA''), 5497

E. Olive Avenue, Fresno, California 93727.

Contact: Carter Brown, Esquire.

Telephone: (202) 543-4455.

Application No.: 02-00004.

Date Deemed Submitted: November 7, 2002.

Members (in addition to applicant): A&P Growers Cooperative, Inc.,

Tulare, CA; CalPure Pistachios, Inc., Lost Hills, CA; Gold Coast

Pistachios, Inc., Fresno, CA; Keenan Farms, Inc., Avenal, CA; Monarch

Nut Company, Delano, CA; Nichols Pistachio, Hanford, CA; Primex Farms,

LLC, Wasco, CA; Santa Barbara Pistachio Company, Inc., Santa Barbara,

CA; Setton Pistachio of Terra Bella, Inc., Terra Bella, CA; and South

Valley Farms, LLC, Wasco, CA.

CPEA seeks a Certificate to cover the following specific Export

Trade, Export Markets, and Export Trade Activities and Methods of


Export Trade

1. Products

California in-shell and shelled pistachios, raw and roasted.

Including all forms.

2. Export Trade Facilitation Services (as they Relate to the Export of


All export trade-related facilitation services, including but not

limited to: Development of trade strategy; sales, marketing, and

distribution; foreign market development; promotion; and all aspects of

foreign sales transactions, including export brokerage, freight

forwarding, transportation, insurance, billing, collection, trade

documentation, and foreign exchange; customs, duties, and taxes; and

inspection and quality control.

Export Markets

The Export Markets include all parts of the world except the United

States (the fifty states of the United States of

[[Page 70212]]

America, 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

CPEA and its Members seek to have the following conduct certified:

1. CPEA, on its own behalf or on behalf of all or less than all of

its Members, through CPEA or through Export Intermediaries (to the

extent provided in section 1.g) may:

a. Export Sales Prices. Establish sales price, minimum sales price,

target sales price and/or minimum target sales price, and other terms

of sale;

b. Marketing and Distribution. Conduct marketing and distribution

of Products;

c. Promotion. Conduct joint promotion of Products;

d. Quantities. Agree on quantities of Products to be sold, provided

each Member shall be required to dedicate only such quantity or

quantities as each such Member shall independently determine;

e. Market and Customer Allocation. Allocate geographic areas or

countries in the Export Markets and/or customers in the Export Markets

among Members;

f. Refusals to Deal. Refuse to quote prices for Products, or to

market or sell Products, to or for any customers in the Export Markets,

or any countries or geographical areas in the Export Markets;

g. Exclusive and Non-exclusive Export Intermediaries. Enter into

exclusive and non-exclusive agreements appointing one or more Export

Intermediaries (as defined under ``Definitions'' paragraph 1) for the

sale of Products with price, quantity, territorial and/or customer

restrictions as provided in sections 1.a. through 1.f., inclusive,


h. Non-Member Activities. Purchase Products from non-Members to

fulfill specific sales obligations, provided that CPEA and/or its

Members shall make such purchases only on a transaction-by-transaction

basis and when the Members are unable to supply, in a timely manner,

the requisite Products at a price competitive under the circumstances.

In no event shall a non-Member be included in any deliberations

concerning any Export Trade Activities; and

i. Transportation Activities. Negotiate favorable transportation

rates (volume discounts) and consolidate shipments.

2. CPEA and its Members may exchange and discuss the following


a. Information about sales and marketing efforts for the Export

Markets, activities and opportunities for sales of Products in the

Export Markets, selling strategies for the Export Markets, sales for

the Export Markets, contract and spot pricing in the Export Markets,

projected demands in the Export Markets for Products, customary terms

of sale in the Export Markets, prices and availability of Products from

competitors for sale in the Export Markets, and specifications for

Products by customers in the Export Markets;

b. Information about the price, quality, quantity, source, and

delivery dates of Products available from the Members to export;

c. Information about terms and conditions of contracts for sale in

the Export Markets to be considered and/or bid on by CPEA and its


d. Information about joint bidding or selling arrangements for the

Export Markets and allocations of sales resulting from such

arrangements among the Members;

e. Information about expenses specific to exporting to and within

the Export Markets, including without limitation, transportation,

trans- or intermodal shipments, insurance, inland freight to port, port

storage, commissions, export sales, documentation, financing, customs,

duties and taxes;

f. Information about U.S. and foreign legislation and regulations,

including Federal marketing order programs, affecting sales for the

Export Markets;

g. Information about CPEA's or its Members' export operations,

including without limitation, sales and distribution networks

established by CPEA or its Members in the Export Markets, and prior

export sales by Members (including export price information); and

h. Information about export customer credit terms and credit


3. CPEA and its Members may meet to engage in the activities

described in paragraphs 1 and 2 above.


1. ``Export Intermediary'' means a person, including a Member, who

acts as a 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.

2. ``Member'' means a person who has membership in the CPEA Export

Trade Certificate and who has been certified as a ``Member'' within the

meaning of Sec. 325.2(1) of the Regulations (15 CFR 325.2(1) (2002).

Dated: November 15, 2002.

Jeffrey C. Anspacher,

Director, Office of Export Trading, Company Affairs.

[FR Doc. 02-29583 Filed 11-20-02; 8:45 am]


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

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