Export Trade Certificate of Review, 77385-77386 [E6-22053]

Download as PDF Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices Dated: December 18, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–22077 Filed 12–22–06; 8:45 am] BILLING CODE 3510–DS–S 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. 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 06–00003.’’ A summary of the application follows. Summary of the Application Applicant: American Sugar Alliance (‘‘ASA’’). 2111 Wilson Boulevard, Suite 600. Arlington, VA 22201. Contact: Robert C. Cassidy, Jr. Counsel for ASA. Telephone: (202) 663–6740. Application No.: 06–00003. Date Deemed Submitted: December 14, 2006, H.S. Code sroberts on PROD1PC70 with NOTICES 1701.11.02 .......................................................... 1701.11.03 .......................................................... 1701.12.01 .......................................................... .......................................................... .......................................................... .......................................................... .......................................................... 1701.99.02 .......................................................... 1701.99.99 .......................................................... 1701.90.01 .......................................................... 1806.10.01 .......................................................... VerDate Aug<31>2005 16:15 Dec 22, 2006 Members (in addition to applicant) ASA Executive Committee: American Sugarbeet Growers Association, American Sugar Cane League, Florida Sugar Cane League, Inc., Gay & Robinson, Inc., Hawaiian Commercial & Sugar Co., Rio Grande Valley Sugar Growers Inc., Sugar Cane Growers Cooperative of Florida, U.S. Beet Sugar Association, and Sugar Beet Processors and Cane Sugar Refiners (‘‘Producers’’): Amalgamated Sugar Company LLC (owned by Snake River Sugar Company), American Sugar Refining Inc. (owned by Florida Crystals Corporation and the Sugar Cane Growers Cooperative of Florida), American Crystal Sugar Company and Sidney Sugars (a subsidiary of American Crystal Sugar Company), Florida Crystals Corporation, Hawaiian Commercial & Sugar Company, Imperial Sugar Company, Michigan Sugar Company, Minn-Dak Farmers Cooperative, Southern Minnesota Beet Sugar Cooperative and Spreckels Sugar Company (a subsidiary of Southern Minnesota Beet Sugar Cooperative), U.S. Sugar Corporation, Western Sugar Cooperative and Wyoming Sugar Company LLC. Under the proposed Export Trade Certificate of Review, ASA would allocate Certificates of Prior Approval (‘‘CPAs’’) to Producers, permitting dutyfree entry of U.S. sugar into Mexico under the tariff-rate quota (‘‘TRQ’’) for U.S.-origin sugar. ASA seeks an Export Trade Certificate of Review to cover the following specific Export Trade, Export Markets, and Export Trade Activities and Methods of Operation. Export Trade Products U.S.-origin sugar and syrups meeting the following definitions: Description 1701.11.01 .......................................................... 1701.12.02 1701.12.03 1701.91.01 1701.99.01 77385 Jkt 211001 Sugar, with a dry sucrose content that has polarization grees. Sugar, with a dry sucrose content that has polarization of Sugar, with a dry sucrose content that has polarization of Sugar, with a dry sucrose content that has polarization grees. Sugar, with a dry sucrose content that has polarization of Sugar, with a dry sucrose content that has polarization of Containing added flavoring or coloring matter. Sugar, with a dry sucrose content that has polarization grees. Sugar, with a dry sucrose content that has polarization grees. Others. Refined liquid sugar and inverted sugar. With a sugar content weighting not less than 90%. PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\26DEN1.SGM of 99.4 but not exceeding 99.5 de96 but not exceeding 99.4 degrees. 96 degrees. of 99.4 but not exceeding 99.5 de96 but not exceeding 99.4 degrees. 96 degrees. of 99.5 but not exceeding 99.7 deof 99.7 but not exceeding 99.9 de- 26DEN1 77386 Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices H.S. Code Description 2106.90.05 .......................................................... Flavored syrups or with added coloring matters (except syrups which have a sugar content less than 90%). Export Markets U.S.-origin sugar for which Certificates of Prior Approval (‘‘CPAs’’) are allocated will be exported only to Mexico. Export Trade Activities and Methods of Operation The ASA will allocate CPAs to any Producer that requests CPAs. CPA Administration The ASA will allocate all CPAs at one time. In the event that any CPAs are returned to ASA for any reason, ASA will reallocate those CPAs among interested Producers. sroberts on PROD1PC70 with NOTICES Certificate System Under the procedures for the TRQ published on October 16, 2006, in the Mexican Diario Oficial, an importer in Mexico must file with the Mexican Government a CPA issued by ASA to obtain a license to allow U.S.-origin sugar to enter into Mexico free of duty under the TRQ. The ASA shall allocate CPAs among all Producers who express an interest in obtaining the CPAs, based on each Producer’s share of total U.S. sugar refining capacity in 2006, as reported to ASA. The ASA shall issue CPAs to such Producers. CPAs issued by ASA shall be freely transferable by Producers. Transfers of CPAs after they are issued by ASA will be subject to the normal application of antitrust laws. Confidential Information Each Member may provide to the ASA information regarding its capacity to produce refined sugar in the United States for the purpose of calculating the allocation of CPAs. Allocation of CPAs will not involve any agreement or exchange of sensitive information among Members. Annual U.S. refining capacity information is currently available to the ASA, and no further information should be necessary. If additional information should be required, and this information is nonpublic, company-specific business information, ASA shall consider the information to be ‘‘confidential’’, and ASA shall maintain its confidentiality. ASA shall not disclose this confidential information to any party other than the submitter, or to any officers, agents, or employees of any party other than the VerDate Aug<31>2005 16:15 Dec 22, 2006 Jkt 211001 submitter, and shall not disclose 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 CPAs, or in connection with reports to the Department of Commerce as required by the Export Trade Certificate of Review or the arbitration of a dispute. Cooperation With the U.S. and Mexican Governments The ASA will consult with the U.S. Government and the Government of Mexico when necessary and provide to them whatever information may be useful in order to facilitate cooperation between the governments concerning the implementation and operation of the CPA System. Furthermore, directly or through the U.S. Government, the ASA will endeavor to accommodate any information requests from the Government of Mexico (while protecting confidential information entrusted to the ASA), and will consult with the Government of Mexico as appropriate. Dated: December 19, 2006. Jeffrey Anspacher, Director, Export Trading Company Affairs. [FR Doc. E6–22053 Filed 12–22–06; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration The President’s Export Council: Meeting of the President’s Export Council Date: January 18, 2007. Time: 10 a.m. (EST). Location: U.S. Department of Commerce, Room 4832, 1401 Constitution Avenue, NW., Washington, DC 20230. Because of building security, all non-government attendees must preregister. Please RSVP to the PEC Executive Secretariat no later than January 12, 2007, to J. Marc Chittum, President’s Export Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone (202) 482–1124, or e-mail Marc.Chittum@mail.doc.gov. This program will be physically accessible to people with disabilities. Seating is limited and will be on a first come, first served basis. Requests for sign language interpretation, other auxiliary aids, or pre-registration, should be submitted no later than January 12, 2007, to J. Marc Chittum, President’s Export Council, Room 4043, 1401 Constitution Avenue, NW., Washington, DC 20230, telephone (202) 482–1124, or e-mail Marc.Chittum@mail.doc.gov. The President’s Export Council Executive Secretariat, Room 4043, Washington, DC 20230 (phone: 202–482–1124), or visit the PEC Web site, http://www.trade.gov/ pec. FOR FURTHER INFORMATION CONTACT: Dated: December 19, 2006. J. Marc Chittum, Staff Director and Executive Secretary, President’s Export Council. [FR Doc. 06–9848 Filed 12–20–06; 10:35 am] BILLING CODE 3510–DR–P International Trade Administration, U.S. Department of Commerce. ACTION: Notice of an open meeting. DEPARTMENT OF COMMERCE SUMMARY: The President’s Export Council (PEC) will hold a full Council meeting to discuss topics related to export expansion. The meeting will include discussion of trade priorities and initiatives, PEC subcommittee activity, and proposed letters of recommendation to the President. The PEC was established on December 20, 1973, and reconstituted May 4, 1979, to advise the President on matters relating to U.S. trade. It was most recently renewed by Executive Order 13316. [I.D. 122006A] AGENCY: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 71, Number 247 (Tuesday, December 26, 2006)]
[Notices]
[Pages 77385-77386]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22053]


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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.

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 06-00003.'' A 
summary of the application follows.

Summary of the Application

    Applicant: American Sugar Alliance (``ASA''). 2111 Wilson 
Boulevard, Suite 600. Arlington, VA 22201.
    Contact: Robert C. Cassidy, Jr. Counsel for ASA.
    Telephone: (202) 663-6740.
    Application No.: 06-00003.
    Date Deemed Submitted: December 14, 2006,

Members (in addition to applicant)

    ASA Executive Committee: American Sugarbeet Growers Association, 
American Sugar Cane League, Florida Sugar Cane League, Inc., Gay & 
Robinson, Inc., Hawaiian Commercial & Sugar Co., Rio Grande Valley 
Sugar Growers Inc., Sugar Cane Growers Cooperative of Florida, U.S. 
Beet Sugar Association, and
    Sugar Beet Processors and Cane Sugar Refiners (``Producers''): 
Amalgamated Sugar Company LLC (owned by Snake River Sugar Company), 
American Sugar Refining Inc. (owned by Florida Crystals Corporation and 
the Sugar Cane Growers Cooperative of Florida), American Crystal Sugar 
Company and Sidney Sugars (a subsidiary of American Crystal Sugar 
Company), Florida Crystals Corporation, Hawaiian Commercial & Sugar 
Company, Imperial Sugar Company, Michigan Sugar Company, Minn-Dak 
Farmers Cooperative, Southern Minnesota Beet Sugar Cooperative and 
Spreckels Sugar Company (a subsidiary of Southern Minnesota Beet Sugar 
Cooperative), U.S. Sugar Corporation, Western Sugar Cooperative and 
Wyoming Sugar Company LLC.
    Under the proposed Export Trade Certificate of Review, ASA would 
allocate Certificates of Prior Approval (``CPAs'') to Producers, 
permitting duty-free entry of U.S. sugar into Mexico under the tariff-
rate quota (``TRQ'') for U.S.-origin sugar.
    ASA seeks an Export Trade Certificate of Review to cover the 
following specific Export Trade, Export Markets, and Export Trade 
Activities and Methods of Operation.

Export Trade

Products

    U.S.-origin sugar and syrups meeting the following definitions:

 
------------------------------------------------------------------------
          H.S. Code                           Description
------------------------------------------------------------------------
1701.11.01...................  Sugar, with a dry sucrose content that
                                has polarization of 99.4 but not
                                exceeding 99.5 degrees.
1701.11.02...................  Sugar, with a dry sucrose content that
                                has polarization of 96 but not exceeding
                                99.4 degrees.
1701.11.03...................  Sugar, with a dry sucrose content that
                                has polarization of 96 degrees.
1701.12.01...................  Sugar, with a dry sucrose content that
                                has polarization of 99.4 but not
                                exceeding 99.5 degrees.
1701.12.02...................  Sugar, with a dry sucrose content that
                                has polarization of 96 but not exceeding
                                99.4 degrees.
1701.12.03...................  Sugar, with a dry sucrose content that
                                has polarization of 96 degrees.
1701.91.01...................  Containing added flavoring or coloring
                                matter.
1701.99.01...................  Sugar, with a dry sucrose content that
                                has polarization of 99.5 but not
                                exceeding 99.7 degrees.
1701.99.02...................  Sugar, with a dry sucrose content that
                                has polarization of 99.7 but not
                                exceeding 99.9 degrees.
1701.99.99...................  Others.
1701.90.01...................  Refined liquid sugar and inverted sugar.
1806.10.01...................  With a sugar content weighting not less
                                than 90%.

[[Page 77386]]

 
2106.90.05...................  Flavored syrups or with added coloring
                                matters (except syrups which have a
                                sugar content less than 90%).
------------------------------------------------------------------------

Export Markets

    U.S.-origin sugar for which Certificates of Prior Approval 
(``CPAs'') are allocated will be exported only to Mexico.

Export Trade Activities and Methods of Operation

    The ASA will allocate CPAs to any Producer that requests CPAs.

CPA Administration

    The ASA will allocate all CPAs at one time. In the event that any 
CPAs are returned to ASA for any reason, ASA will reallocate those CPAs 
among interested Producers.

Certificate System

    Under the procedures for the TRQ published on October 16, 2006, in 
the Mexican Diario Oficial, an importer in Mexico must file with the 
Mexican Government a CPA issued by ASA to obtain a license to allow 
U.S.-origin sugar to enter into Mexico free of duty under the TRQ. The 
ASA shall allocate CPAs among all Producers who express an interest in 
obtaining the CPAs, based on each Producer's share of total U.S. sugar 
refining capacity in 2006, as reported to ASA. The ASA shall issue CPAs 
to such Producers.
    CPAs issued by ASA shall be freely transferable by Producers. 
Transfers of CPAs after they are issued by ASA will be subject to the 
normal application of antitrust laws.

Confidential Information

    Each Member may provide to the ASA information regarding its 
capacity to produce refined sugar in the United States for the purpose 
of calculating the allocation of CPAs.
    Allocation of CPAs will not involve any agreement or exchange of 
sensitive information among Members. Annual U.S. refining capacity 
information is currently available to the ASA, and no further 
information should be necessary. If additional information should be 
required, and this information is non-public, company-specific business 
information, ASA shall consider the information to be ``confidential'', 
and ASA shall maintain its confidentiality. ASA shall not disclose this 
confidential information to any party other than the submitter, or to 
any officers, agents, or employees of any party other than the 
submitter, and shall not disclose 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 
CPAs, or in connection with reports to the Department of Commerce as 
required by the Export Trade Certificate of Review or the arbitration 
of a dispute.

Cooperation With the U.S. and Mexican Governments

    The ASA will consult with the U.S. Government and the Government of 
Mexico when necessary and provide to them whatever information may be 
useful in order to facilitate cooperation between the governments 
concerning the implementation and operation of the CPA System. 
Furthermore, directly or through the U.S. Government, the ASA will 
endeavor to accommodate any information requests from the Government of 
Mexico (while protecting confidential information entrusted to the 
ASA), and will consult with the Government of Mexico as appropriate.

    Dated: December 19, 2006.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E6-22053 Filed 12-22-06; 8:45 am]
BILLING CODE 3510-DR-P