Federal Register, Volume 77 Issue 189 (Friday, September 28, 2012)

[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Notices]
[Pages 59591-59592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23950]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 12-00002]


Export Trade Certificate of Review

ACTION: Notice of issuance of an Export Trade Certificate of Review to 
SunWest Foods, Inc (Application 12-00002).

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SUMMARY: On August 20, 2012, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to SunWest Foods, Inc (``SunWest).'' 
This notice summarizes the conduct for which certification has been 
granted.

FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of 
Competition and Economic Analysis, International Trade Administration, 
by telephone at (202) 482-5131 (this is not a toll-free number) or 
email at [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 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 (2010). The U.S. 
Department of Commerce, International Trade Administration, Office of 
Competition and Economic Analysis (``OCEA'') is issuing this notice 
pursuant to 15 CFR 325.6(b), which requires the Secretary of Commerce 
to publish a summary of the issuance in the Federal Register. Under 
Section 305(a) of the Export Trading Company Act (15 U.S.C. 4012(b)(1)) 
and 15 CFR 325.11(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.

Member (Within the Meaning of 15 CFR 325.2(1))

    SunWest Milling Company, Inc.

Description of Certified Conduct

    SunWest is certified to engage in the Export Trade Activities and 
Methods of Operation described below in the following Export Trade and 
Export Markets.

Export Trade

    Products: SunWest proposes to export under the Certificate, 
directly and through other suppliers, rice and rice products, 
including, but not limited to: Harvest rice; rough rice; brown rice; 
milled, under milled, and unpolished rice, coated rice; oiled rice; 
enriched rice; rice bran; polished rice, head rice; broken rice; second 
head rice; brewers rice; screenings; and rice flour; but not including 
wild rice.
    Services: All services related to the export of Products.
    Technology Rights: All intellectual property rights associated with 
Products or Services, including, but not limited to: Patents, 
trademarks, services marks, trade names, copyrights and neighboring 
(related) rights, trade secrets, knowhow, and confidential databases 
and computer programs.
    Export Trade Facilitation Services (as They Relate to the Export of 
Products): Services to facilitate the export of Products, including but 
not limited to: consulting and trade strategy; converting harvest rice 
to marketable finished rice products via the drying, storage, milling, 
and packaging processes; arranging and coordinating delivery of 
Products to port of export; arranging for inland and/or ocean 
transportation; allocating Products to vessel; arranging for storage 
space at port; arranging for warehousing, stevedoring, wharfage, 
handling,

[[Page 59592]]

inspection, fumigation, and freight forwarding; insurance and 
financing; documentation and services related to compliance with 
customs requirements; sales and marketing; export brokerage; foreign 
marketing and analysis; foreign market development; overseas 
advertising and promotion; Products-related research and design based 
upon foreign buyer and consumer preferences; inspection and quality 
control; shipping and export management; export licensing; provisions 
of overseas sales and distribution facilities and overseas sales staff; 
legal, accounting, and tax assistance; development and application of 
management information systems; trade show exhibitions; professional 
services in the area of government relations and assistance with 
federal and state export assistance programs (e.g., export enhancement 
and market promotion programs); invoicing (billing) foreign buyers; 
collecting (letters of credit and other financial instruments) payment 
for Products; and arranging for payment of applicable commissions and 
fees.

Export Markets

    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 Operations

    To engage in Export Trade in the Export Markets, SunWest (and its 
affiliated company and Member SunWest Milling Company, Inc.) may:
    1. Exchange information with Suppliers or Export Intermediaries 
individually regarding availability of Products for export, prices of 
Products for sale in the Export Markets, and coordinating the export of 
Products to Export Markets;
    2. Confer with Suppliers individually regarding offers to purchase 
and offers to sell by SunWest for specific export sales opportunities;
    3. Process other Suppliers' harvest rice to marketable finished 
Products for Export Markets via drying, storage, milling, and packaging 
processes;
    4. Solicit other Suppliers to offer/sell Products to SunWest or its 
Member for subsequent sales into Export Markets;
    5. Solicit orders for the export of Products from potential foreign 
distributors and purchasers in Export Markets;
    6. Prepare and submit offers of Products to potential foreign 
distributors, purchasers, and other entities for sale in Export 
Markets;
    7. Establish the price and quantity of Products for sale in Export 
Markets and set other terms for any export sale;
    8. Negotiate and enter into agreements for sale of Products in 
Export Markets;
    9. Enter into agreements to purchase Products from one or more 
Suppliers to fulfill specific export sales obligations. In such 
agreements, SunWest and its Member may agree to purchase Products for 
sale in the Export Markets exclusively from one or more Suppliers, and 
the Supplier (or Suppliers) may agree to deal exclusively with SunWest 
or its Member for the sale of their Products in the Export Markets.
    10. Assign sales of Products to, and/or divide or share export 
orders among, Suppliers or other persons based on orders, export 
markets, territories, customers, or any other basis SunWest or its 
Member deem appropriate;
    11. Broker and take title to the Products;
    12. Enter into agreements with one or more Export Intermediaries 
for the sale of Products in the Export Markets, in which agreements (a) 
SunWest or its Member may agree to deal exclusively with that Export 
Trade Intermediary in a particular Export Market, and/or (b) that 
Export Intermediary may agree to represent SunWest or its Member 
exclusively in a particular export market for the export of Products;
    13. Enter into agreements with customers in the Export Markets in 
which the customer may agree to purchase Products exclusively from 
SunWest or its Member;
    14. Apply for and utilize government export assistance and 
incentive programs;
    15. Refuse to (a) purchase Products, (b) sell Products, (c) provide 
Services, or (d) provide information regarding export sales of Products 
to any Supplier(s) or other entities for any reason SunWest or its 
Member deem appropriate;
    16. Refuse to (a) sell Products, (b) quote prices of Products, (c) 
provide Export Trade Facilitation Services, (d) provide information 
regarding Products, or (e) market or sell Products to any customers or 
distributors in the Export Markets, or in any countries or geographic 
areas in the Export Markets; and
    17. Meet with Suppliers or other entities periodically to discuss 
general matters specific to the activities approved in this Certificate 
(not related to price and supply arrangements between SunWest or its 
Member and the individual Suppliers) such as relevant facts concerning 
the Export Markets (e.g., demand conditions, transportation costs and 
prices in the export markets), or the possibility of joint marketing, 
bidding or selling arrangements in the Export Markets.

Terms and Conditions of Certificate

    1. Neither SunWest nor its Member shall intentionally disclose, 
directly or indirectly, to any Supplier any information regarding any 
other Supplier's costs, production, inventories, domestic prices, 
domestic sales, capacity to produce products for domestic sale, 
domestic orders, terms of domestic marketing or sale, or U.S. business 
plans, strategies, or methods, unless such information is already 
generally available to the trade or public.
    2. SunWest and its Member 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.

Definitions

    ``Supplier'' means a person who mills, produces, provides, markets, 
or sells Products, Services, and/or Technology Rights.
    ``Export Intermediary'' means a person who acts as a distributor, 
representative, sales or marketing agent, joint marketer, or broker, or 
who performs similar functions.

    Dated: September 24, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2012-23950 Filed 9-27-12; 8:45 am]
BILLING CODE 3510-DR-P