[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)] [Notices] [Pages 71092-71094] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-33989] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration Export Trade Certificate of Review ACTION: Notice of Issuance of an Export Trade Certificate of Review, Application No. 98-00001. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce has issued an Export Trade Certificate of Review to Fresh Fruit Exporters Association. This notice summarizes the conduct for which certification has been granted. FOR FURTHER INFORMATION CONTACT: Morton Schnabel, Director, Office of Export Trading Company Affairs, International Trade Administration, 202-482-5131. This is not a toll-free number. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 400l-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 (1998). 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 a Certificate in the Federal Register. Under Section 305 (a) of the Act 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. Description of Certified Conduct Export Trade 1. Products Fresh fruit. 2. Services Inspection, quality control, marketing and promotional services. 3. Technology Rights Proprietary rights to all technology associated with Products or Services, including, but not limited to: patents, trademarks, service marks, trade names, copyrights, trade secrets, and know-how. [[Page 71093]] 4. Export Trade Facilitation Services (as They Relate to the Export of Products, Services and Technology Rights) All export trade-related facilitation services, including, but not limited to: consulting and trade strategy; sales and marketing; export brokerage; foreign marketing research; foreign market development; overseas advertising and promotion; product research and design based on foreign buyer and consumer preferences; inspection and quality control; transportation; insurance; billing of foreign buyers; collection (letters of credit and other financial instruments); provision of overseas sales and distribution facilities and overseas sales staff; legal, accounting and tax assistance; management information systems development and application; assistance related to participation in government export assistance programs, such as the Export Enhancement and Market Promotion programs. 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 In connection with the promotion and sale of Members' Products, Services and/or Technology Rights into the Export Markets, FFEA and/or one or more of its Members may: 1. Design and execute foreign marketing strategies for its Export Markets; 2. Prepare joint bids, establish export prices for Members' Products and Services, and establish terms of sale in Export Markets in connection with potential or actual bona fide opportunities; 3. Design, develop and market generic corporate labels for use in Export Markets; 4. Engage in joint promotional activities directly targeted at developing Export Markets, such as: arranging trade shows and marketing trips; providing advertising services; providing brochures and industry newsletters; providing product, service, and industry information; conducting international market and product research; and procuring international marketing, advertising, and promotional services; 5. Share the cost of joint promotional activities among the Members; 6. Conduct product and packaging research and development exclusively for export in order to meet foreign regulatory requirements, foreign buyer specifications, and foreign consumer preferences; 7. Negotiate and enter into agreements with governments and other foreign persons regarding non-tariff trade barriers in Export Markets; 8. Establish and operate fumigation facilities and provide specialized packing operations and other quality control procedures to be followed by Members in the export of Products into Export Markets; 9. Assist each other in maintaining the quality standards necessary to be successful in Export Markets; 10. Advise and cooperate with agencies of the U.S. Government in establishing procedures regulating the export of Members' Products, Services and/or Technology Rights into Export Markets; 11. Negotiate and enter into purchase agreements with buyers in Export Markets regarding export prices, quantities, type and quality of Products, time periods, and the terms and conditions of sale; 12. Broker or take title to Products intended for Export Markets; 13. Purchase Products from non-Member producers to fulfill specific sales obligations, provided that FFEA and/or 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; 14. Solicit non-Member producers to become Members; 15. Procure, negotiate, contract, and administer transportation services for Products in the course of export, including overseas freight transportation, inland freight transportation from the packing house to the U.S. port of embarkment, leasing of transportation equipment and facilities, storing and warehousing, stevedoring, wharfage and handling, insurance, and freight forwarder services; 16. Arrange for trade documentation and services, customs clearance, financial instruments, and foreign exchange; 17. Arrange financing through private financial entities; 18. Bill and collect monies from foreign buyers, and arrange for or provide accounting, tax, legal and consulting services in relation to Export Trade Activities and Methods of Operation; 19. Enter into exclusive agreements with non-Members to provide Export Trade Facilitation Services; 20. Apply for and utilize applicable export assistance and incentive programs available within governmental sectors; 21. Negotiate and enter into agreements with governments and foreign persons to develop countertrade arrangements, provided that this Certificate does not protect any conduct related to the sale of goods in the United States that are imported as part of any countertrade transactions; 22. Refuse to deal with or provide quotations to other Export Intermediaries for sales of Members' Products into Export Markets; 23. Require common marking and identification of Members' Products sold in Export Markets; 24. Exchange information as necessary to carry out Export Trade Activities and Methods of Operation, including: (a) Information about sales, marketing efforts, and sales strategies in Export Markets, including pricing; projected demand in Export Markets for Products; customary terms of sale; and foreign buyer and consumer product specifications; (b) Information about the price, quality, quantity, source and delivery dates of Products available from the Members for export; (c) Information about terms and conditions of contracts for sales in Export Markets to be considered and/or bid on by FFEA and/or Members; (d) Information about expenses specific to exporting to and within Export Markets, including transportation, transshipments, intermodal shipments, insurance, inland freight to port, port storage, commissions, export sales, documentation, financing and customs duties or taxes; (e) Information about U.S. and foreign legislation and regulations, including Federal marketing order programs that may affect sales to Export Markets; (f) Information about FFEA's or Members' export operations, including sales and distribution networks established by FFEA or Members in Export Markets, and prior export sales by Members, including export price information; and (g) Information about claims or bad debts by FFEA's or Members' customers in Export Markets. Definitions 1. Export Intermediary means a person who acts as distributor, sales representative, sales or marketing agent, [[Page 71094]] 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 FFEA and who has been certified as a ``Member'' within the meaning of Section 325.2(1) of the Regulations, set out in Attachment A and incorporated by reference. Terms and Conditions of Certificate 1. Except as provided in paragraphs 24(b) and 24(d) of the Export Trade Activities and Methods of Operation, neither FFEA nor any Member shall intentionally disclose, directly or indirectly, to any other Member any information about its or any other Member's costs, production, capacity, inventories, domestic prices, domestic sales, terms of domestic marketing or sale, or U.S. business plans, strategies, or methods, unless (1) such information is already generally available to the trade or public; or (2) the information disclosed is a necessary term or condition (e.g., price, time required to fill an order, etc.) of an actual or potential bona fide sale and the disclosure is limited to the prospective purchasing Member. 2. Each Member shall determine independently of other Members the quantity of Products the Member will make available for export or sell through FFEA. FFEA may not solicit from any Member specific quantities for export or require any Member to export any minimum quantity of products. 3. Any agreements, discussions, or exchanges of information under this Certificate relating to quantities of Products available for Export Markets, product specifications or standards, export prices, product quality or other terms and conditions of export sales (other than export financing) shall be in connection only with actual or potential bona fide export transactions or opportunities and shall include only those Members participating or having a genuine interest in participating in such transactions or opportunities; provided that FFEA and/or the Members may discuss standardization of Products and Services for purposes of making bona fide recommendations to foreign governmental or private standard-setting organizations. 4. Meetings at which FFEA allocates export sales among Members and establishes export prices shall not be open to the public. 5. Participation by a Member in any Export Trade Activity or Method of Operation under this Certificate shall be entirely voluntary as to that Member, subject to the honoring of contractual commitments for sales of Products, Services or Technology Rights in specific export transactions. A Member may withdraw from coverage under this Certificate at any time by giving written notice to FFEA, a copy of which FFEA shall promptly transmit to the Secretary of Commerce and the Attorney General. 6. FFEA and the Members 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 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, N.W., Washington, D.C. 20230. Dated: December 17, 1998. Morton Schnabel, Director, Office of Export Trading Company Affairs. Attachment A Members (within the meaning of Section 325.2(1) of the Regulations): Autenrieth & Gray, Agoura Hills, CA Fresh Western International, Inc., Salinas, CA Fruit Unlimited Inc., Visalia, CA Giscal Limited, U.S.A., Los Angeles, CA Great Oriental Corporation, Anaheim, CA Pandol Bros., Inc., Delano, CA Paramount Export Company, Oakland, CA Primary Export International, Inc., South San Francisco, CA Renown LLC, Redlands, CA United Fruits (Calif.) Corp. and United Overseas Trading Corp., Santa Monica, CA Vanguard Trading Services, Inc., Issaquah, WA Westlake-Miller, Inc., Los Angeles, CA. [FR Doc. 98-33989 Filed 12-22-98; 8:45 am] BILLING CODE 3510-DR-P