[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)]
[Notices]
[Pages 19280-19282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08240]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 02-1A003]
Export Trade Certificate of Review
ACTION: Notice of Application for Amendment of the Export Trade
Certificate of Review for the Corn Refiners Association; Application
No. 02-1A003.
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SUMMARY: The Office of Trade and Economic Analysis (``OTEA'') of the
International Trade Administration, Department of Commerce, has
received an application for an Amendment of an Export Trade Certificate
of Review (``Certificate''). This notice summarizes the proposed
application and requests comments relevant to whether the amended
Certificate should be issued.
FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of
Trade and Economic Analysis, International Trade Administration, (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. 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
[[Page 19281]]
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 an amended 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 as
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: Export Trading Company Affairs,
International Trade Administration, U.S. Department of Commerce, Room
22027-F, 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 02-1A003.''
A summary of the current application follows.
Summary of the Application
Applicant: Corn Refiners Association (CRA); 1701 Pennsylvania Ave.
NW., Suite 950; Washington, DC 20006.
Contact: David E. Bond, White & Case LLP, (202) 729-2307.
Application No.: 02-1A003.
Date Deemed Submitted: March 26, 2015.
Summary: The Corn Refiners Association (``CRA'') seeks an amended
Certificate of Review to remove a Certificate Member, Roquette America,
Inc., which was originally a member of CRA but is no longer a member of
CRA as of January 1, 2015. With the amended Certificate, CRA seeks to
continue to engage in the Export Trade Activities and Methods of
Operation described below in the following Export Trade and Export
Markets:
Export Trade
Products: High fructose com syrup (``HFCS'') in the following two
forms: 42 percent fructose and 55 percent fructose and enriched HFCS
(greater than 55 percent fructose).
Export Markets
HFCS for which tariff-rate quota (TRQ) rights are allocated will be
exported only to Mexico.
Export Trade Activities and Methods of Operations
Purpose
The CRA will manage the system as set forth below for allocating
rights to ship under tariff-rate quotas (TRQs) permitting duty-free
entry of U.S. HFCS into Mexico. The CRA shall permit any producer of
HFCS in the United States to become a member of the association for
purposes of receiving TRQ rights under this system and shall seek an
amendment of this Certificate to make such a producer a Member under
this Certificate.
TRQ Administrator
The CRA will contract with an independent third-party Administrator
who will bear responsibility for administering the TRQ System, subject
to general oversight and supervision by the Board of Directors of the
CRA. The Administrator may not be otherwise related to the CRA or any
Member or in any way engaged in the production, distribution or sale of
HFCS.
TRQ System
The Administrator shall allocate TRQ rights based on the share each
Member's U.S. HFCS production capacity represents of total U.S. HFCS
production capacity. The Administrator may advise each Member
individually of the quantity of TRQ rights allocated to that Member. In
accordance with those allocations, the Administrator shall, upon the
request of a Member, issue to the Member evidence of TRQ rights to ship
a specified quantity of U.S. HFCS duty-free to Mexico up to the
outstanding total of the Member's allocation. Evidence of TRQ rights
issued by the Administrator shall be freely transferable. Transfers of
TRQ rights are subject to the normal application of the antitrust laws.
Confidential Information
Each Member may provide to the Administrator information regarding
its capacity to produce HFCS in the United States for the purpose of
calculating the Member's allocation of TRQ rights. Any non-public,
company-specific business information or data submitted by an applicant
for membership, by a Member, or by any other person in connection with
the TRQ System shall be marked ``confidential'' and submitted to the
Administrator, who shall maintain its confidentiality. The
Administrator shall not disclose such confidential information to any
Member other than the submitter, or to any officers, agents, or
employees of any Member other than the submitter, and shall not
disclose such confidential information to any other person except to
another neutral third party as necessary to make the determination for
which the information was submitted, to allocate TRQ quantities, or in
connection with reports to the U.S. Department of Commerce as required
by the Certificate or the arbitration of a dispute.
Cooperation With the U.S. and Mexican Governments
The CRA will provide to the U.S. Government and the Government of
Mexico whatever information and consultations may be useful in order to
facilitate cooperation between the governments concerning the
implementation and operation of the TRQ System. Furthermore, directly
or through the U.S. Government, the CRA will endeavor to accommodate
any information requests from the Government of Mexico (while
protecting confidential information entrusted to the Administrator),
and will consult with the Government of Mexico as appropriate. All such
information and consultations shall be subject to the provision on
Confidential Information (above) and the Terms and Conditions described
in the Certificate.
The members of CRA that will be Members under the Certificate
within the meaning of 15 CFR 325.2(1) after the amendment:
1. Archer Daniels Midland Company
2. Cargill, Incorporated
3. Ingredion, Incorporated (Ingredion acquired Penford Corporation,
which was a Member. Ingredion was formerly known as Corn Products
International, Inc., which was a Member and which acquired National
Starch and Chemical Company, which was a Member.)
4. Tate & Lyle Ingredients Americas, Inc.
Definition
Neutral third-party, as used in this Certificate of Review, means a
party not related to CRA or any Member and who is not engaged in the
production, distribution or sale of HFCS.
[[Page 19282]]
Dated: April 6, 2015.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade
Administration.
[FR Doc. 2015-08240 Filed 4-9-15; 8:45 am]
BILLING CODE 3510-DR-P