[Federal Register: November 26, 2003 (Volume 68, Number 228)]
[Notices]
[Page 66400-66401]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no03-32]
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DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 03-00005.
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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
granted.
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 oetca@ita.doc.gov.
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
commissions.
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.
Definition
``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
Product.
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
public.
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]
BILLING CODE 3510-DR-P