Export Trade Certificate of Review, 69139-69142 [E5-6253]
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Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Notices
whether an incidental use of property
acquired or improved with EDA
investment assistance is appropriate. If
a recipient of EDA investment
assistance wishes for EDA to release its
real property or tangible personal
property interests before the expiration
of the property’s estimated useful life,
the recipient must submit a written
request to EDA. This collection of
information allows EDA to determine
whether to release its real property or
tangible personal property interests.
2. Method of Collection: Paper Report.
3. Data.
Agency Form Number: None.
Type of Review: Regular submission.
Affected Public: State and local
governments; Indian tribes; institutions
of higher education; non-profit
organizations.
Estimated Number of Annual
Responses: 45 (25 requests for an
incidental use of property and 20
requests for a release of EDA’s property
interests).
Estimated Time per Response: 6 hours
for an incidental use request; 12 hours
for a release of EDA’s property interests.
Estimated Total Annual Burden
Hours: 390 (150 hours for incidental use
requests; 240 hours for releases of EDA’s
property interests).
Estimated Total Annual Cost: 0.
H. Designation of a Region as a Special
Impact Area (OMB Control No. 0610–
0104)
1. Purpose: Upon the written
application of an eligible applicant,
EDA may designate the region which
the project will serve as a ‘‘Special
Impact Area’’ if the applicant
demonstrates that its proposed project
will directly fulfill a pressing need and
assist in preventing excessive
unemployment (Section 214 of PWEDA
and Part 310 of the interim final rule).
EDA uses the information collected to
determine whether to make a ‘‘Special
Impact Area’’ designation.
2. Method of Collection: Paper Report.
3. Data:
Agency Form Number: None.
Type of Review: Regular submission.
Affected Public: State and local
governments; Indian tribes; institutions
of higher education; non-profit
organizations.
Estimated Number of Annual
Responses: 12.
Estimated Time per Response: 10
hours.
Estimated Total Annual Burden
Hours: 120.
Estimated Total Annual Cost: 0.
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I. Trade Adjustment Assistance
Proposals (OMB Control No. 0610–0105)
1. Purpose: A certified firm works
with the applicable Trade Adjustment
Assistance Center (‘‘TAAC’’) to develop
an adjustment proposal. The TAAC then
submits the completed adjustment
proposal to EDA for approval. If the
adjustment proposal is approved, a
certified firm may then request EDAfunded trade adjustment assistance
through the TAAC.
2. Method of Collection: Paper Report.
3. Data:
Agency Form Number: None.
Type of Review: Regular submission.
Affected Public: Manufacturing or
producing firms.
Estimated Number of Annual
Responses: 180.
Estimated Time per Response: 120
hours.
Estimated Total Annual Burden
Hours: 21,600.
Estimated Total Annual Cost: 0.
J. Request for Public Hearing (Section
315.9) (OMB Control No. 0610–0106)
1. Purpose: In order to have a public
hearing, a person with a substantial
interest in an accepted petition for trade
adjustment assistance certification must
submit a written request that follows the
provisions set forth in Section 315.9.
This information collection provides
EDA with sufficient information to
determine whether a public hearing is
warranted.
2. Method of Collection: Paper Report.
3. Data:
Agency Form Number: None.
Type of Review: Regular submission.
Affected Public: Any person,
organization or group found by EDA to
have a substantial interest in the
certification or non-certification by EDA
of a petition for Trade Adjustment
Assistance.
Estimated Number of Annual
Responses: 1.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 1 hour.
Estimated Total Annual Cost: 0.
III. Request for Comments
Public comments are invited with
respect to each of the collections of
information listed above on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility and
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69139
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and
included in the request for the Office of
Management and Budget’s approval of
these information collections and they
also will become a matter of public
record.
Dated: November 7, 2005.
Madeleine Clayton,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 05–22513 Filed 11–10–05; 8:45 am]
BILLING CODE 3510–24–P
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION:
Notice of application.
SUMMARY: Export Trading Company
Affairs (‘‘ETCA’’), International Trade
Administration, Department of
Commerce, has received an application
for an Export Trade Certificate of
Review (‘‘Certificate’’). 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 Anspacher, Director, Export
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number) or E-mail at oetca@ita.doc.gov.
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.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 70, No. 218 / Monday, November 14, 2005 / Notices
Request for Public Comments
Export Markets
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: Export Trading
Company Affairs, International Trade
Administration, U.S. Department of
Commerce, Room 7021–B H,
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 05–00001.’’ A summary of the
application follows.
Chicken leg quarters for which awards
will be made will be exported to El
Salvador, Guatemala, Honduras and
Nicaragua.
Summary of the Application
Applicant: Central America Poultry
Export Quota, Inc. (CA–PEQ), 901 New
York Avenue, NW., 3rd Floor,
Washington, DC 20001–4413.
Contact: Kyd D. Brenner, Partner,
DTB Associates, LLP. Telephone: (202)
661–7098.
Application No.: 05–00001.
Date Deemed Submitted: October 31,
2005.
Members (in addition to applicant):
USA Poultry & Egg Export Council
(‘‘USAPEEC’’), Stone Mountain,
´
Georgia; Asociacion Nacional de
Avicultores de Guatemala (‘‘ANAVI’’),
´
Guatemala, Guatemala; Asociacion
Nacional de Avicultores de El Salvador
(‘‘AVES’’), La Libertad, El Salvador; and
´
Asociacion Nacional de Avicultores y
Productores de Alimentos de Nicaragua
(‘‘ANAPA’’), Managua, Nicaragua.
CA–PEQ seeks a Certificate to cover
the following specific Export Trade,
Export Markets, and Export Trade
Activities and Methods of Operations.
Export Trade
Chicken leg quarters (or parts of
chicken leg quarters, including legs or
thighs), fresh, chilled or frozen,
seasoned or unseasoned, marinated or
not marinated, classifiable under HTS
0207.13.99, 0207.14.99 and 1602.32.00.
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Export Trade Activities and Methods of
Operation
CA–PEQ seeks certification for the
following conduct:
1. The conduct of an open tender
process for the award of shares of the
tariff rate quota for chicken leg quarters
in El Salvador, Guatemala, Honduras
and Nicaragua;
2. The award of certificates for
eligibility to enter chicken leg quarters
into El Salvador, Guatemala, Honduras
and Nicaragua subject to zero duties;
3. The collection and management of
funds bid in the open tender process;
and
4. The distribution of the proceeds of
the open tender process to support the
operation and administration of CA–
PEQ and to fund promotional,
educational, scientific and technical
projects for the benefit of the poultry
industries of the United States of
America, El Salvador, Guatemala,
Honduras and Nicaragua.
1. Purpose. CA–PEQ will manage on
an open tender basis the tariff-rate
quotas (TRQs) for poultry products
granted by El Salvador, Guatemala,
Honduras and Nicaragua to the United
States under the terms of the United
States-Central American Free Trade
Agreement (‘‘CAFTA’’) or any amended
or successor agreement providing for
Central American poultry TRQs for the
United States of America. CA–PEQ also
will provide for distributions of the
proceeds received from the tender
process based on exports of poultry
(‘‘the TRQ System’’) for the benefit of
the poultry industries in El Salvador,
Guatemala, Honduras, Nicaragua and
the United States.
2. Implementation.
A. Administrator. CA–PEQ shall
contract with a neutral third party
Administrator who is not engaged in the
production, sale, distribution or export
of poultry or poultry products and who
shall bear responsibility for
administering the TRQ System, subject
to general supervision and oversight by
the Board of Directors of CA–PEQ.
B. Membership. CA–PEQ’s initial
members under this certificate are the
USA Poultry and Egg Export Council
(‘‘USAPEEC’’) on behalf of the U.S.
´
poultry industry; by Asociacion
Nacional de Avicultores de Guatemala
(‘‘ANAVI’’) on behalf of the Guatemalan
´
poultry industry; by Asociacion
Nacional de Avicultores de El Salvador
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(‘‘AVES’’) on behalf of the Salvadoran
´
poultry industry; and by Asociacion
Nacional de Avicultores y Productores
de Alimentos de Nicaragua (‘‘ANAPA’’)
on behalf of the Nicaraguan poultry
industry.
C. Open Tender Process. CA–PEQ
shall offer TRQ Certificates for duty-free
shipments of chicken leg quarters to El
Salvador, Guatemala, Honduras and
Nicaragua solely and exclusively
through an open tender process with
certificates awarded to the highest
bidders (‘‘TRQ Certificates’’). CA–PEQ
shall hold tenders in accordance with
tranches established in the relevant
regulations of El Salvador, Guatemala,
Honduras or Nicaragua, or in the
absence of such, at least three times
each year. The award of TRQ
Certificates under the open tender
process shall be determined solely by
the Administrator in accordance with
Section I without any participation by
the Board of Directors.
D. Persons or Entities Eligible to Bid.
Any person or entity incorporated or
domiciled in the United States of
America shall be eligible to bid in the
open tender process.
E. Notice. The Administrator shall
publish notice (‘‘Notice’’) of each open
tender process to be held to award TRQ
Certificates in the Journal of Commerce
and, at the discretion of the
Administrator, in other publications of
general circulation within the U.S.
poultry industry. The Notice will invite
independent bids and will specify (i)
the total amount (in metric tons) that
will be allocated pursuant to the
applicable tender; (ii) the shipment
period for which the TRQ Certificates
will be valid; and (iii) the date and time
by which all bids must be received by
the Administrator in order to be
considered (the ‘‘Bid Date’’); and (iv) a
minimum bid amount per ton, as
established by the Board of Directors, to
ensure the costs of administering the
auction are recovered. The Notice
normally will be published not later
than 30 business days prior to the first
day of the shipment period and will
specify a Bid Date that is at least 10
business days after the date of
publication of the Notice. The Notice
will specify the format for bid
submissions. Bids must be received by
the Administrator not later than 5 p.m.
EST on the Bid Date.
F. Contents of Bid. The bid shall be
in a format established by the
Administrator and shall state (i) the
name, address, telephone and facsimile
numbers, and e-mail address of the
bidder; (ii) the quantity of poultry bid,
in an amount that is a multiple of 25
metric tons; (iii) the bid price in U.S.
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dollars per metric ton; and (iv) the total
value of the bid. The bid form shall
contain a provision, that must be signed
by the bidder, agreeing that (i) any
dispute that may arise relating to the
bidding process or to the award to TRQ
Certificates shall be settled by
arbitration administered by the
American Arbitration Association in
accordance with its Commercial
Arbitration Rules; and (ii) judgment on
any award rendered by the arbitrator
may be entered in any court having
jurisdiction thereof.
G. Performance Security. The bidder
shall submit with each bid a
performance bond, irrevocable letter of
credit drawn on a U.S. bank, cashier’s
check, wire transfer or equivalent
security, in a form approved and for the
benefit of an account designated by the
Administrator, in the amount of $50,000
or the total value of the bid, whichever
is less. The bidder shall forfeit such
performance security if the bidder fails
to pay for any TRQ Certificates awarded
within five (5) business days. The
bidder may chose to apply the
performance security to the price of any
successful bid, or to retain the
performance security for a subsequent
open tender process. Promptly after the
close of the open tender process, the
Administrator shall return any unused
or non-forfeited security to the bidder.
H. Confidentiality of Bids. The
Administrator shall treat all bids and
their contents as confidential. The
Administrator shall disclose
information about bids only to another
neutral third party and only as
necessary to ensure the effective
operation of the TRQ System. However,
after the issuance of all TRQ Certificates
from an open tender process, the
Administrator shall notify all bidders
and shall disclose publicly (i) the total
tonnage for which TRQ Certificates were
awarded, and (ii) the lowest price per
metric ton of all successful bids.
I. Award of TRQ Certificates. The
Administrator shall award TRQ
Certificates for the available tonnage to
the bidders who have submitted the
highest price conforming bids. If two or
more bidders have submitted bids with
identical prices, the Administrator shall
divide the remaining available tonnage
in proportion to the quantities of their
bids, and offer each TRQ Certificates in
the resulting tonnages. If any bidder
declines all or part of the tonnage
offered, the Administrator shall offer
that tonnage first to the other tying
bidders, and then to the next highest
bidder.
J. Payment for TRQ Certificates.
Promptly after being notified of a TRQ
award and within the time specified in
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the Notice, the bidder shall pay the full
amount of the bid, either by wire
transfer or by certified check, to an
account designated by the
Administrator. If the bidder fails to
make payment within five (5) days, the
Administrator shall revoke the award
and award the tonnage to the next
highest bidder(s).
K. Delivery of TRQ Certificates. The
Administrator shall establish an account
for each successful bidder in the amount
of tonnage available for TRQ
Certificates. Upon request, the
Administrator will issue TRQ
Certificates in the tonnage designated by
the bidder, consistent with the balance
in that account. The TRQ Certificate
shall state the delivery period for which
it is valid.
L. Transferability. TRQ Certificates
shall be freely transferable except that
(i) any TRQ Certificate holder who
intends to sell, transfer or assign any
rights under that Certificate shall
publish such intention on a Web site
maintained by the Administrator at least
three (3) business days prior to any sale,
transfer or assignment; and (ii) any TRQ
holder that sells, transfers or assigns its
rights under a TRQ Certificate shall
provide the Administrator with notice
and a copy of the sale, transfer or
assignment within three (3) business
days.
M. Deposit of Proceeds: The
Administrator shall cause all proceeds
of the open tender process to be
deposited in an interest-bearing account
in a financial institution approved by
the CA–PEQ Board of Directors.
N. Disposition of Proceeds. The
proceeds of the open tender process
shall be applied and distributed as
follows:
i. The Administrator shall pay from
tender proceeds, as they become
available, all operating expenses of CA–
PEQ, including legal, accounting and
administrative costs of establishing and
operating the TRQ System, as
authorized by the Board of Directors.
ii. Of the proceeds remaining at the
end of each year of operations after all
costs described in (i) above have been
paid:
1. Fifty percent (50%) shall be
distributed to fund export market
development, educational, scientific
and technical projects to benefit the
United States poultry industry. CA–PEQ
shall accept proposals for the funding of
projects approved by the Board of
Directors of USAPEEC. The
Administrator shall disburse funds to
those projects approved for funding by
the CA–PEQ Board of Directors.
2. Fifty percent (50%) shall be
distributed to fund market development,
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69141
educational, scientific and technical
projects to benefit the poultry industries
of El Salvador, Guatemala, Honduras
and Nicaragua. CA–PEQ shall accept
proposals for funding of projects
approved by the Boards of Directors of
ANAVI, AVES and ANAPA, as the case
may be. The Administrator shall
disburse funds to those projects
approved for funding by the CA–PEQ
Board of Directors.
O. Arbitration of Disputes. Any
dispute, controversy or claim arising out
of or relating to the TRQ System or the
breach thereof, including inter alia, a
Member’s qualification for distribution,
interpretation of documents, or of the
distribution itself, shall be settled by
arbitration administered by the
American Arbitration Association in
accordance with its Commercial
Arbitration Rules, and judgment on the
award rendered by the arbitrator may be
entered in any court having jurisdiction
thereof.
P. Confidential Information. The
Administrator shall maintain as
confidential all export documentation or
other business sensitive information
submitted in connection with
application for CA–PEQ membership,
bidding in the open tender process or
requests for distribution of proceeds,
where such documents or information
has been marked ‘‘Confidential’’ by the
person making the submission. The
Administrator shall disclose such
information only to another neutral
third party or authorized government
official of signatories to the CAFTA, and
only where necessary to ensure the
effective operation of the TRQ System or
where required by law (including
appropriate disclosure in connection
with the arbitration of a dispute).
Q. Annual Reports. CA–PEQ shall
publish an annual report including a
statement of its operating expenses and
data on the distribution of proceeds, as
reflected in the audited financial
statement of the CA–PEQ TRQ System.
3. Cooperation with the U.S.
Government and with the Governments
of El Salvador, Guatemala, Honduras
and Nicaragua. CA–PEQ will provide
whatever information or consultations
may be useful in order to ensure
effective consultations between the
government of the United States of
America and the governments of El
Salvador, Guatemala, Honduras and
Nicaragua concerning the
implementation and operation of the
TRQ System. In particular, while
maintaining the confidentiality of
information submitted by bidders and
Members, CA–PEQ will provide its
annual report, regular reports following
each tender held, reports on
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distributions of tender proceeds, and
any other information that might be
requested by the U.S. Government.
Directly or through the U.S.
Government, CA–PEQ will endeavor to
accommodate any information request
from the governments of El Salvador,
Guatemala, Honduras and Nicaragua,
while protecting confidential
information; and will consult with
officials of those governments as
appropriate.
Miscellaneous Implementing
Provisions. CA–PEQ and/or its Members
may (i) meet, discuss and provide for an
administrative structure to implement
the foregoing tariff-rate quota
management system, assess its
operations and discuss modifications as
necessary to improve its workability; (ii)
meet, exchange and discuss information
regarding the structure and method for
implementing the foregoing tariff-rate
quota management system; (iii) meet,
exchange and discuss the types of
information needed regarding the
bidding process and distribution of the
bid proceeds, that are necessary for
implementation of the system; (iv) meet,
exchange and discuss information
regarding U.S. and foreign government
agreements, legislation and regulations
affecting the tariff rate quota
management system; and (v) otherwise
meet, discuss and exchange information
as necessary to implement the activities
described above and take the necessary
action to implement the foregoing tariffrate quota management system.
Dated: November 7, 2005.
Jeffrey C. Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E5–6253 Filed 11–10–05; 8:45 am]
BILLING CODE 3510–DR–P
initiatives the Board may pursue. The
meeting will be open to the public.
Time will be permitted for public
comment, which is limited to three
minutes per speaker. To sign up for
public comment, please contact J. Marc
Chittum, U.S. Travel and Tourism
Advisory Board, Room 4043,
Washington, DC 20230 (Phone: 202–
482–1124), Marc.Chittum@mail.doc.gov,
no later than close of business, Friday,
November 25, 2005.
The Board is mandated by Public Law
108–7, Section 210, was initially
chartered in 2003, and was re-chartered
on September 21, 2005, for a two-year
period to end September 20, 2007.
DATE: December 1, 2005.
Time: To be determined.
ADDRESSES: Exact location to be
determined, New Orleans, LA. This
program will be physically accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be submitted no
later than November 25, 2005, to J. Marc
Chittum, U.S. Travel and Tourism
Advisory Board, Room 4043, 1401
Constitution Avenue, NW., Washington,
DC 20230, telephone 202–482–1124,
Marc.Chittum@mail.doc.gov. Seating is
limited and will be on a first come, first
served basis.
FOR FURTHER INFORMATION CONTACT: J.
Marc Chittum, U.S. Travel and Tourism
Advisory Board, Room 4043, 1401
Constitution Avenue, NW., Washington,
DC 20230, telephone 202–482–1124,
Marc.Chittum@mail.doc.gov.
Dated: November 9, 2005.
J. Marc Chittum,
Designated Federal Officer, U.S. Travel and
Tourism Board.
[FR Doc. 05–22617 Filed 11–9–05; 1:25 pm]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
DEPARTMENT OF COMMERCE
United States Travel and Tourism
Advisory Board Meeting
International Trade Administration,
North American Free-Trade Agreement
(NAFTA), Article 1904 Binational Panel
Reviews
International Trade
Administration, Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
SUMMARY: The United States Travel and
Tourism Advisory Board (‘‘Board’’) will
hold a meeting to discuss topics related
to the travel and tourism industry. The
meeting will include discussion of the
enhanced mandate of the Board, the
international advertising and promotion
campaign which seeks to encourage
individuals to travel to the United States
for the express purpose of engaging in
tourism, and future issues and
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17:16 Nov 10, 2005
Jkt 208001
NAFTA Secretariat, United
States Section, International Trade
Administration, Department of
Commerce.
ACTION: Notice of decision of panel.
AGENCY:
SUMMARY: On November 3, 2005, the
binational panel issued its decision in
the review of the final determination
made by the International Trade
Administration, respecting Gray
Portland Cement and Clinker from
Mexico Final Antidumping Duty
Administrative Review, Secretariat File
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No. USA–MEX–98–1904–02. The
binational panel affirmed in part and
remanded in part to the International
Trade Administration. Copies of the
panel decision are available from the
U.S. Section of the NAFTA Secretariat.
FOR FURTHER INFORMATION CONTACT:
Caratina L. Alston, United States
Secretary, NAFTA Secretariat, Suite
2061, 14th and Constitution Avenue,
Washington, DC 20230, (202) 482–5438.
SUPPLEMENTARY INFORMATION: Chapter
19 of the North American Free-Trade
Agreement (‘‘Agreement’’) establishes a
mechanism to replace domestic judicial
review of the final determinations in
antidumping and countervailing duty
cases involving imports from a NAFTA
country with review by independent
binational panels. When a Request for
Panel Review is filed, a panel is
established to act in place of national
courts to review expeditiously the final
determination to determine whether it
conforms with the antidumping or
countervailing duty law of the country
that made the determination.
Under Article 1904 of the Agreement,
which came into force on January 1,
1994, the Government of the United
States, the Government of Canada and
the Government of Mexico established
Rules of Procedure for Article 1904
Binational Panel Reviews (‘‘Rules’’).
These Rules were published in the
Federal Register on February 23, 1994
(59 FR 8686). The panel review in this
matter has been conducted in
accordance with these Rules.
Panel Decision: The Panel remands
this case to the Department as follows:
1. Reconsider whether, the evidence
in the record supports the conclusion
that, Type V cement sold as Type V and
Type II cement was not sold in the
ordinary course of trade, and provide an
explanation recognizing the
implications of the economic
interrelationship of issues developed in
the Seventh Review Remand
Determination, the presence or absence
of facts on the record regarding
promotional quality, and the resulting
interaction of all of the factors examined
in the reconsideration;
2. If, upon reconsideration, a
determination is made which alters the
selection of sales for comparison
purposes from that made in the original
and first remand determination,
consider the comparison issues raised
by the CDC in conformance with the
positions taken by the majority opinions
in the Seventh Review Panel; and
3. Reconsider the calculation of the
DIFMER allowance on the basis that any
positive DIFMER allowance could be
considered adverse to CEMEX, that the
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]]>Agencies
[Federal Register Volume 70, Number 218 (Monday, November 14, 2005)]
[Notices]
[Pages 69139-69142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6253]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of application.
-----------------------------------------------------------------------
SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade
Administration, Department of Commerce, has received an application for
an Export Trade Certificate of Review (``Certificate''). 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 Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number) or E-mail
at oetca@ita.doc.gov.
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.
[[Page 69140]]
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: Export Trading Company Affairs,
International Trade Administration, U.S. Department of Commerce, Room
7021-B H, 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 05-00001.'' A
summary of the application follows.
Summary of the Application
Applicant: Central America Poultry Export Quota, Inc. (CA-PEQ), 901
New York Avenue, NW., 3rd Floor, Washington, DC 20001-4413.
Contact: Kyd D. Brenner, Partner, DTB Associates, LLP. Telephone:
(202) 661-7098.
Application No.: 05-00001.
Date Deemed Submitted: October 31, 2005.
Members (in addition to applicant): USA Poultry & Egg Export
Council (``USAPEEC''), Stone Mountain, Georgia; Asociacion Nacional de
Avicultores de Guatemala (``ANAVI''), Guatemala, Guatemala; Asociacion
Nacional de Avicultores de El Salvador (``AVES''), La Libertad, El
Salvador; and Asociacion Nacional de Avicultores y Productores de
Alimentos de Nicaragua (``ANAPA''), Managua, Nicaragua.
CA-PEQ seeks a Certificate to cover the following specific Export
Trade, Export Markets, and Export Trade Activities and Methods of
Operations.
Export Trade
Chicken leg quarters (or parts of chicken leg quarters, including
legs or thighs), fresh, chilled or frozen, seasoned or unseasoned,
marinated or not marinated, classifiable under HTS 0207.13.99,
0207.14.99 and 1602.32.00.
Export Markets
Chicken leg quarters for which awards will be made will be exported
to El Salvador, Guatemala, Honduras and Nicaragua.
Export Trade Activities and Methods of Operation
CA-PEQ seeks certification for the following conduct:
1. The conduct of an open tender process for the award of shares of
the tariff rate quota for chicken leg quarters in El Salvador,
Guatemala, Honduras and Nicaragua;
2. The award of certificates for eligibility to enter chicken leg
quarters into El Salvador, Guatemala, Honduras and Nicaragua subject to
zero duties;
3. The collection and management of funds bid in the open tender
process; and
4. The distribution of the proceeds of the open tender process to
support the operation and administration of CA-PEQ and to fund
promotional, educational, scientific and technical projects for the
benefit of the poultry industries of the United States of America, El
Salvador, Guatemala, Honduras and Nicaragua.
1. Purpose. CA-PEQ will manage on an open tender basis the tariff-
rate quotas (TRQs) for poultry products granted by El Salvador,
Guatemala, Honduras and Nicaragua to the United States under the terms
of the United States-Central American Free Trade Agreement (``CAFTA'')
or any amended or successor agreement providing for Central American
poultry TRQs for the United States of America. CA-PEQ also will provide
for distributions of the proceeds received from the tender process
based on exports of poultry (``the TRQ System'') for the benefit of the
poultry industries in El Salvador, Guatemala, Honduras, Nicaragua and
the United States.
2. Implementation.
A. Administrator. CA-PEQ shall contract with a neutral third party
Administrator who is not engaged in the production, sale, distribution
or export of poultry or poultry products and who shall bear
responsibility for administering the TRQ System, subject to general
supervision and oversight by the Board of Directors of CA-PEQ.
B. Membership. CA-PEQ's initial members under this certificate are
the USA Poultry and Egg Export Council (``USAPEEC'') on behalf of the
U.S. poultry industry; by Asociacion Nacional de Avicultores de
Guatemala (``ANAVI'') on behalf of the Guatemalan poultry industry; by
Asociacion Nacional de Avicultores de El Salvador (``AVES'') on behalf
of the Salvadoran poultry industry; and by Asociacion Nacional de
Avicultores y Productores de Alimentos de Nicaragua (``ANAPA'') on
behalf of the Nicaraguan poultry industry.
C. Open Tender Process. CA-PEQ shall offer TRQ Certificates for
duty-free shipments of chicken leg quarters to El Salvador, Guatemala,
Honduras and Nicaragua solely and exclusively through an open tender
process with certificates awarded to the highest bidders (``TRQ
Certificates''). CA-PEQ shall hold tenders in accordance with tranches
established in the relevant regulations of El Salvador, Guatemala,
Honduras or Nicaragua, or in the absence of such, at least three times
each year. The award of TRQ Certificates under the open tender process
shall be determined solely by the Administrator in accordance with
Section I without any participation by the Board of Directors.
D. Persons or Entities Eligible to Bid. Any person or entity
incorporated or domiciled in the United States of America shall be
eligible to bid in the open tender process.
E. Notice. The Administrator shall publish notice (``Notice'') of
each open tender process to be held to award TRQ Certificates in the
Journal of Commerce and, at the discretion of the Administrator, in
other publications of general circulation within the U.S. poultry
industry. The Notice will invite independent bids and will specify (i)
the total amount (in metric tons) that will be allocated pursuant to
the applicable tender; (ii) the shipment period for which the TRQ
Certificates will be valid; and (iii) the date and time by which all
bids must be received by the Administrator in order to be considered
(the ``Bid Date''); and (iv) a minimum bid amount per ton, as
established by the Board of Directors, to ensure the costs of
administering the auction are recovered. The Notice normally will be
published not later than 30 business days prior to the first day of the
shipment period and will specify a Bid Date that is at least 10
business days after the date of publication of the Notice. The Notice
will specify the format for bid submissions. Bids must be received by
the Administrator not later than 5 p.m. EST on the Bid Date.
F. Contents of Bid. The bid shall be in a format established by the
Administrator and shall state (i) the name, address, telephone and
facsimile numbers, and e-mail address of the bidder; (ii) the quantity
of poultry bid, in an amount that is a multiple of 25 metric tons;
(iii) the bid price in U.S.
[[Page 69141]]
dollars per metric ton; and (iv) the total value of the bid. The bid
form shall contain a provision, that must be signed by the bidder,
agreeing that (i) any dispute that may arise relating to the bidding
process or to the award to TRQ Certificates shall be settled by
arbitration administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules; and (ii) judgment on
any award rendered by the arbitrator may be entered in any court having
jurisdiction thereof.
G. Performance Security. The bidder shall submit with each bid a
performance bond, irrevocable letter of credit drawn on a U.S. bank,
cashier's check, wire transfer or equivalent security, in a form
approved and for the benefit of an account designated by the
Administrator, in the amount of $50,000 or the total value of the bid,
whichever is less. The bidder shall forfeit such performance security
if the bidder fails to pay for any TRQ Certificates awarded within five
(5) business days. The bidder may chose to apply the performance
security to the price of any successful bid, or to retain the
performance security for a subsequent open tender process. Promptly
after the close of the open tender process, the Administrator shall
return any unused or non-forfeited security to the bidder.
H. Confidentiality of Bids. The Administrator shall treat all bids
and their contents as confidential. The Administrator shall disclose
information about bids only to another neutral third party and only as
necessary to ensure the effective operation of the TRQ System. However,
after the issuance of all TRQ Certificates from an open tender process,
the Administrator shall notify all bidders and shall disclose publicly
(i) the total tonnage for which TRQ Certificates were awarded, and (ii)
the lowest price per metric ton of all successful bids.
I. Award of TRQ Certificates. The Administrator shall award TRQ
Certificates for the available tonnage to the bidders who have
submitted the highest price conforming bids. If two or more bidders
have submitted bids with identical prices, the Administrator shall
divide the remaining available tonnage in proportion to the quantities
of their bids, and offer each TRQ Certificates in the resulting
tonnages. If any bidder declines all or part of the tonnage offered,
the Administrator shall offer that tonnage first to the other tying
bidders, and then to the next highest bidder.
J. Payment for TRQ Certificates. Promptly after being notified of a
TRQ award and within the time specified in the Notice, the bidder shall
pay the full amount of the bid, either by wire transfer or by certified
check, to an account designated by the Administrator. If the bidder
fails to make payment within five (5) days, the Administrator shall
revoke the award and award the tonnage to the next highest bidder(s).
K. Delivery of TRQ Certificates. The Administrator shall establish
an account for each successful bidder in the amount of tonnage
available for TRQ Certificates. Upon request, the Administrator will
issue TRQ Certificates in the tonnage designated by the bidder,
consistent with the balance in that account. The TRQ Certificate shall
state the delivery period for which it is valid.
L. Transferability. TRQ Certificates shall be freely transferable
except that (i) any TRQ Certificate holder who intends to sell,
transfer or assign any rights under that Certificate shall publish such
intention on a Web site maintained by the Administrator at least three
(3) business days prior to any sale, transfer or assignment; and (ii)
any TRQ holder that sells, transfers or assigns its rights under a TRQ
Certificate shall provide the Administrator with notice and a copy of
the sale, transfer or assignment within three (3) business days.
M. Deposit of Proceeds: The Administrator shall cause all proceeds
of the open tender process to be deposited in an interest-bearing
account in a financial institution approved by the CA-PEQ Board of
Directors.
N. Disposition of Proceeds. The proceeds of the open tender process
shall be applied and distributed as follows:
i. The Administrator shall pay from tender proceeds, as they become
available, all operating expenses of CA-PEQ, including legal,
accounting and administrative costs of establishing and operating the
TRQ System, as authorized by the Board of Directors.
ii. Of the proceeds remaining at the end of each year of operations
after all costs described in (i) above have been paid:
1. Fifty percent (50%) shall be distributed to fund export market
development, educational, scientific and technical projects to benefit
the United States poultry industry. CA-PEQ shall accept proposals for
the funding of projects approved by the Board of Directors of USAPEEC.
The Administrator shall disburse funds to those projects approved for
funding by the CA-PEQ Board of Directors.
2. Fifty percent (50%) shall be distributed to fund market
development, educational, scientific and technical projects to benefit
the poultry industries of El Salvador, Guatemala, Honduras and
Nicaragua. CA-PEQ shall accept proposals for funding of projects
approved by the Boards of Directors of ANAVI, AVES and ANAPA, as the
case may be. The Administrator shall disburse funds to those projects
approved for funding by the CA-PEQ Board of Directors.
O. Arbitration of Disputes. Any dispute, controversy or claim
arising out of or relating to the TRQ System or the breach thereof,
including inter alia, a Member's qualification for distribution,
interpretation of documents, or of the distribution itself, shall be
settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
P. Confidential Information. The Administrator shall maintain as
confidential all export documentation or other business sensitive
information submitted in connection with application for CA-PEQ
membership, bidding in the open tender process or requests for
distribution of proceeds, where such documents or information has been
marked ``Confidential'' by the person making the submission. The
Administrator shall disclose such information only to another neutral
third party or authorized government official of signatories to the
CAFTA, and only where necessary to ensure the effective operation of
the TRQ System or where required by law (including appropriate
disclosure in connection with the arbitration of a dispute).
Q. Annual Reports. CA-PEQ shall publish an annual report including
a statement of its operating expenses and data on the distribution of
proceeds, as reflected in the audited financial statement of the CA-PEQ
TRQ System.
3. Cooperation with the U.S. Government and with the Governments of
El Salvador, Guatemala, Honduras and Nicaragua. CA-PEQ will provide
whatever information or consultations may be useful in order to ensure
effective consultations between the government of the United States of
America and the governments of El Salvador, Guatemala, Honduras and
Nicaragua concerning the implementation and operation of the TRQ
System. In particular, while maintaining the confidentiality of
information submitted by bidders and Members, CA-PEQ will provide its
annual report, regular reports following each tender held, reports on
[[Page 69142]]
distributions of tender proceeds, and any other information that might
be requested by the U.S. Government. Directly or through the U.S.
Government, CA-PEQ will endeavor to accommodate any information request
from the governments of El Salvador, Guatemala, Honduras and Nicaragua,
while protecting confidential information; and will consult with
officials of those governments as appropriate.
Miscellaneous Implementing Provisions. CA-PEQ and/or its Members
may (i) meet, discuss and provide for an administrative structure to
implement the foregoing tariff-rate quota management system, assess its
operations and discuss modifications as necessary to improve its
workability; (ii) meet, exchange and discuss information regarding the
structure and method for implementing the foregoing tariff-rate quota
management system; (iii) meet, exchange and discuss the types of
information needed regarding the bidding process and distribution of
the bid proceeds, that are necessary for implementation of the system;
(iv) meet, exchange and discuss information regarding U.S. and foreign
government agreements, legislation and regulations affecting the tariff
rate quota management system; and (v) otherwise meet, discuss and
exchange information as necessary to implement the activities described
above and take the necessary action to implement the foregoing tariff-
rate quota management system.
Dated: November 7, 2005.
Jeffrey C. Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E5-6253 Filed 11-10-05; 8:45 am]
BILLING CODE 3510-DR-P
