Export Trade Certificate of Review, 14081-14083 [E7-5498]
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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices
circumstances indicate that the selected
margin is not appropriate as AFA, the
Department will disregard the margin
and determine an appropriate margin.
See Fresh Cut Flowers from Mexico:
Final Results of Antidumping
Administrative Review, 61 FR 6812
(February 22, 1996) (where the
Department disregarded the highest
margin in that case as adverse best
information available (the predecessor
to facts available) because the margin
was based on another company’s
uncharacteristic business expense
resulting in an unusually high margin).
Similarly, the Department does not
apply a margin that has been
discredited. See D&L Supply Co. v.
United States, 113 F.3d 1220, 1221 (Fed.
Cir. 1997) (ruling that the Department
will not use a margin that has been
judicially invalidated). To assess the
relevancy of the rate used, the
Department has no record evidence to
call into question Premier’s margins.
Further, in our recently completed final
results for the 2003–2004 review of
TRB’s, we also applied the 60.95
percent rate to the PRC–wide entity as
AFA. See Tapered Roller Bearings and
Parts Thereof, Finished and Unfinished
from the PRC: Amended Final Results of
Administrative Review, 71 FR 9521
(February 24, 2006). Therefore, we
determine that the rate from the 1993–
1994 review continues to be relevant for
use in this administrative review.
As the 1993–1994 margin is both
reliable and relevant, we determine that
it has probative value. Accordingly, we
determine that the highest rate from any
segment of this administrative
proceeding, 60.95 percent, meets the
corroboration criteria established in
section 776(c) that secondary
information have probative value. As a
result, the Department determines that
the 1993–1994 margin is corroborated
for the purposes of this administrative
review and may reasonably be applied
to the PRC–wide entity as AFA.
Because these are preliminary results
of review, the Department will consider
all margins on the record at the time of
the final results of review for the
purpose of determining the most
appropriate final margin for the PRC–
wide entity. See Preliminary
Determination of Sales at Less Than
Fair Value: Solid Fertilizer Grade
Ammonium Nitrate From the Russian
Federation, 65 FR 1139 (January 7,
2000).
Preliminary Results of Review
We preliminarily determine that the
following weighted–average dumping
margins exist for the period June 1,
2005, through May 31, 2006:
VerDate Aug<31>2005
16:19 Mar 23, 2007
Jkt 211001
TRBS FROM THE PRC
Producer/Exporter
Weighted–Average
Margin (Percent)
PRC–Wide Entity* ........
60.95
* Including CPZ and Yantai.
Disclosure
The Department will disclose
calculations performed for these
preliminary results to the parties within
five days of the date of publication of
this notice in accordance with 19 CFR
351.224(b). Any interested party may
request a hearing within 30 days of
publication of these preliminary results.
See 19 CFR 351.310(c). Any hearing, if
requested, will be held 37 days after the
date of publication of this notice. See 19
CFR 351.310(d). Interested parties may
submit case briefs and/or written
comments no later than 30 days after the
date of publication of these preliminary
results of review. See 19 CFR
351.309(c)(ii). Rebuttal briefs and
rebuttals to written comments, limited
to issues raised in such briefs or
comments, may be filed no later than 35
days after the date of publication. See 19
CFR 351.309(d). The Department
requests that parties submitting written
comments also provide the Department
with an additional copy of those
comments on diskette. The Department
will issue the final results of this
administrative review, which will
include the results of its analysis of
issues raised in any such comments,
within 120 days of publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries. The Department
intends to issue appropriate assessment
instructions directly to CBP 15 days
after the date of publication of the final
results of this administrative review. In
this review, if these preliminary results
are adopted in our final results of
review, we will direct CBP to assess the
resulting rate against the entered
customs value for the subject
merchandise on each importer’s/
customer’s entries during the POR.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for shipments of
subject merchandise from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by
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14081
sections 751(a)(1)( C ) and (a)(2)( C ) of
the Act: (1) for CPZ and Yantai, the cash
deposit rate will be that established in
the final results of this review; (2) for
previously investigated or reviewed PRC
and non–PRC exporters not listed above
that have separate rates, the cash
deposit rate will continue to be the
exporter–specific rate published for the
most recent period; (3) for all PRC
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC–wide rate of 60.95 percent;
and (4) for all non–PRC exporters of
subject merchandise which have not
received their own rate, the cash deposit
rate will be the rate applicable to the
PRC exporters that supplied that non–
PRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
The Department is issuing and
publishing these preliminary results of
administrative review in accordance
with sections 751(a) and 777(i)(1) of the
Act, and 19 CFR 351.221(b) and
351.214(h).
Dated: March 1, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–5500 Filed 3–23–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
Notice of Issuance of an Export
Trade Certificate of Review, Application
No. 06–00003.
ACTION:
SUMMARY: On March 16, 2007, the U.S.
Department of Commerce issued an
Export Trade Certificate of Review to
the American Sugar Alliance (‘‘ASA’’).
This notice summarizes the conduct for
which certification has been granted.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Anspacher, Director, Export
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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices
Trading Company Affairs, International
Trade Administration, by telephone at
(202) 482–5131 (this is not a toll-free
number), or by 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. The
regulations implementing Title III are
found at 15 CFR part 325 (2005).
Export Trading Company Affairs
(‘‘ETCA’’) is issuing this notice pursuant
to 15 CFR 325.6(b), which requires the
U.S. Department of Commerce to
publish a summary of the certification
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
H.S. Code
1701.11.01
1701.11.02
1701.11.03
1701.12.01
1701.12.02
1701.12.03
1701.91.01
1701.99.01
1701.99.02
1701.99.99
1701.90.01
1806.10.01
2106.90.05
Export Trade
Sugar and syrups of U.S. origin, as
defined in Chapter Four (Rules of
Origin) of the North American Free
Trade Agreement, (‘‘U.S.-origin sugar’’)
in any of the following categories:
Sugar, with a dry sucrose content that has polarization of 99.4 but not exceeding 99.5 degrees.
Sugar, with a dry sucrose content that has polarization of 96 but not exceeding 99.4 degrees.
Sugar, with a dry sucrose content that has polarization of 96 degrees.
Sugar, with a dry sucrose content that has polarization of 99.4 but not exceeding 99.5 degrees.
Sugar, with a dry sucrose content that has polarization of 96 but not exceeding 99.4 degrees.
Sugar, with a dry sucrose content that has polarization of 96 degrees.
Containing added flavoring or coloring matter.
Sugar, with a dry sucrose content that has polarization of 99.5 but not exceeding 99.7 degrees.
Sugar, with a dry sucrose content that has polarization of 99.7 but not exceeding 99.9 degrees.
Others.
Refined liquid sugar and inverted sugar.
With a sugar content weighting not less than 90%.
Flavored syrups or with added coloring matters (except syrups which have a sugar content less than 90%).
Export Markets
Mexico.
Export Trade Activities and Methods of
Operation
Purpose
The ASA will allocate Certificates of
Prior Approval (‘‘CPAs’’) through which
Mexico will permit duty-free entry of
U.S.-origin sugar into Mexico under the
tariff-rate quota (‘‘TRQ’’) for U.S.-origin
sugar through December 31, 2007, as set
forth below.
The ASA will allocate CPAs to any
sugar beet processor or cane sugar
refiner in the United States that is listed
as a Producer below.
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. The allocation,
and any reallocations, will be completed
before December 16, 2007.
cprice-sewell on PROD1PC66 with NOTICES
Description of Certified Conduct
Description
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Certificate System
Under the procedures for the TRQ
published on October 16, 2006 in the
Mexican Diario Oficial, an importer in
Mexico must file by December 15, 2007
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 will allocate CPAs among all
Producers who express an interest in
obtaining the CPAs based on each
VerDate Aug<31>2005
determination on the ground that the
determination is erroneous.
15:30 Mar 23, 2007
Jkt 211001
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
the antitrust laws.
Information Collection and Exchange
ASA may ask Producers individually
for their production capacity figures for
2006 for the purposes of allocating the
CPAs. Producers may supply that
information to ASA, and ASA may
allocate CPAs to Producers based on
this information.
If production capacity information is
collected by ASA, it will be collected
and collated, and the allocations of
CPAs will be made, by an employee or
employees of ASA who are not
employed by any member of the ASA
Executive Committee or any Producer.
As of the effective date of the Certificate,
such employee or employees shall be
the only persons who will have access
to the collected production capacity
information.
Any exchange of Producers’
production capacity information or CPA
allocation with other Producers, by
Producers, ASA, any ASA member, or
any other person is activity that is not
protected under this Certificate.
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Sfmt 4703
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.
All such information and consultations
shall be subject to the provision on
Confidential Information (above) and
the Terms and Conditions (below).
Members (Within the Meaning of
Section 325.(1) of the Regulations)
Members (in addition to ASA):
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
Producers (Amalgamated Sugar
Company LLC, American Sugar Refining
Inc., American Crystal Sugar Company
and Sidney Sugars (a subsidiary of
American Crystal Sugar Co.), Florida
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Federal Register / Vol. 72, No. 57 / Monday, March 26, 2007 / Notices
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).
cprice-sewell on PROD1PC66 with NOTICES
Protection Provided by Certificate of
Review
This Certificate protects the ASA, its
Executive Committee, the Producers and
the directors, officers, employees and
representatives acting on behalf of the
ASA, the ASA Executive Committee and
the Producers from private treble
damage actions and government
criminal and civil suits under U.S.
federal and state antitrust laws for the
export conduct specified in the
Certificate of Review and carried out
during its effective period in
compliance with its terms and
conditions.
Terms and Conditions of Certificate
1. In engaging in Export Trade
Activities and Methods of Operation,
neither ASA, the ASA Executive
Committee, any Producer nor any
neutral third-party shall intentionally
disclose, directly or indirectly, to any
Member (including parent companies,
subsidiaries, or other entities related to
any Member) any information regarding
any other Member’s costs, production,
inventories, domestic prices, domestic
sales, domestic customers, domestic
production capacity, 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. If ASA determines that the
collection or disclosure of any nonpublic, company-specific information is
necessary for the allocation of CPAs to
Producers, ASA must seek an
amendment of this Certificate to add
such export conduct to this Certificate.
3. ASA, the ASA Executive
Committee and the Producers 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
VerDate Aug<31>2005
15:30 Mar 23, 2007
Jkt 211001
14083
Operation of a person protected by this
Certificate continue to comply with the
standards of section 303(a) of the Act.
DEPARTMENT OF COMMERCE
Effective Period of Certificate
Textile and Apparel Products from
Vietnam: Import Monitoring Program;
Public Hearing
This Certificate continues in effect
from the effective date indicated below
until it is relinquished, modified, or
revoked, as provided in the Act and the
Regulations.
Other Conduct
Disclaimer
The issuance of this Certificate of
Review to ASA by the Secretary of
Commerce with the concurrence of the
Attorney General under the provisions
of the Act does not constitute, explicitly
or implicitly, an endorsement or
opinion by the Secretary of Commerce
or by the Attorney General concerning
either (a) the viability or quality of the
business plans of ASA, the ASA
Executive Committee or the Producers
or (b) the legality of such business plans
of ASA, the ASA Executive Committee
or the Producers under the laws of the
United States (other than as provided in
the Act) or under the laws of any foreign
country.
The application of this Certificate to
conduct in export trade where the
United States Government is the buyer
or where the United States Government
bears more than half the cost of the
transaction is subject to the limitations
set forth in Section V.(D.) of the
‘‘Guidelines for the Issuance of Export
Trade Certificates of Review (Second
Edition),’’ 50 FR 1786 (January 11,
1985).
In accordance with the authority
granted under the Act and the
Regulations, this Certificate of Review is
hereby issued to the American Sugar
Alliance.
The effective date of the Certificate is
March 16, 2007. A copy of the
Certificate will be kept in the
International Trade Administration’s
Freedom of Information Records
Inspection Facility, Room 4100, U.S.
Department of Commerce, 14th Street
and Constitution Avenue, NW.,
Washington, DC 20230.
Dated: March 20, 2007.
Jeffrey C. Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E7–5498 Filed 3–23–07; 8:45 am]
BILLING CODE 3510–DR–P
Frm 00012
Fmt 4703
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
Public Hearing – Import
Monitoring of Textile and Apparel
Products from Vietnam.
ACTION:
Nothing in this Certificate prohibits
the ASA, the ASA Executive Committee
and the Producers from engaging in
conduct not specified in this Certificate,
but such conduct is subject to the
normal application of the antitrust laws.
PO 00000
International Trade Administration
Sfmt 4703
SUMMARY: As stated in its January 23,
2007 Federal Register notice requesting
public comment (72 FR 2860), the
Department of Commerce (the
Department) will hold a public hearing
on its import monitoring program
covering textile and apparel products
from Vietnam. The hearing will be held
on April 24, 2007 in Washington, D.C.
Further details regarding the location,
time and requirements for speaking at
the hearing are provided below.
DATES: The hearing will be held on
April 24, 2007 starting at 9 AM in the
auditorium at the Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC.
Participation:
The hearing is open to the public.
There are no prerequisites or conditions
on participating at the hearing. All are
welcome to speak at the hearing subject
to the guidelines outlined in this notice.
If you plan to attend the hearing, please
notify the Department by no later than
April 9, 2007, and if you wish to speak
at the hearing, please indicate that as
well. This can be done in writing or
electronically at vietnam–texapphearing@mail.doc.gov.
There are no constraints on subject
matter relating to the Department’s
Vietnam textile and apparel import
monitoring program; however, speakers
should be aware that these hearings will
be open to the public and may be
videotaped for later viewing on the
Vietnam textile and apparel import
monitoring website; there will be no
provisions for handling or protecting
business proprietary information. In
preparing their comments, parties may
wish to review the Department’s
December 4, 2006, and January 23, 2007,
Federal Register notices requesting
public comment on the monitoring
program and the comments received.
This information and the monitored
Vietnamese textile and apparel import
data is available on the Vietnam textile
and apparel import monitoring website
at the following address: https://
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[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Notices]
[Pages 14081-14083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5498]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review,
Application No. 06-00003.
-----------------------------------------------------------------------
SUMMARY: On March 16, 2007, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to the American Sugar Alliance
(``ASA''). This notice summarizes the conduct for which certification
has been granted.
FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export
[[Page 14082]]
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number), or by 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. The regulations implementing
Title III are found at 15 CFR part 325 (2005).
Export Trading Company Affairs (``ETCA'') is issuing this notice
pursuant to 15 CFR 325.6(b), which requires the U.S. Department of
Commerce to publish a summary of the certification 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
Sugar and syrups of U.S. origin, as defined in Chapter Four (Rules
of Origin) of the North American Free Trade Agreement, (``U.S.-origin
sugar'') in any of the following categories:
------------------------------------------------------------------------
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%.
2106.90.05.................... Flavored syrups or with added coloring
matters (except syrups which have a
sugar content less than 90%).
------------------------------------------------------------------------
Export Markets
Mexico.
Export Trade Activities and Methods of Operation
Purpose
The ASA will allocate Certificates of Prior Approval (``CPAs'')
through which Mexico will permit duty-free entry of U.S.-origin sugar
into Mexico under the tariff-rate quota (``TRQ'') for U.S.-origin sugar
through December 31, 2007, as set forth below.
The ASA will allocate CPAs to any sugar beet processor or cane
sugar refiner in the United States that is listed as a Producer below.
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. The allocation, and any reallocations, will
be completed before December 16, 2007.
Certificate System
Under the procedures for the TRQ published on October 16, 2006 in
the Mexican Diario Oficial, an importer in Mexico must file by December
15, 2007 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 will 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 the antitrust laws.
Information Collection and Exchange
ASA may ask Producers individually for their production capacity
figures for 2006 for the purposes of allocating the CPAs. Producers may
supply that information to ASA, and ASA may allocate CPAs to Producers
based on this information.
If production capacity information is collected by ASA, it will be
collected and collated, and the allocations of CPAs will be made, by an
employee or employees of ASA who are not employed by any member of the
ASA Executive Committee or any Producer. As of the effective date of
the Certificate, such employee or employees shall be the only persons
who will have access to the collected production capacity information.
Any exchange of Producers' production capacity information or CPA
allocation with other Producers, by Producers, ASA, any ASA member, or
any other person is activity that is not protected under this
Certificate.
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.
All such information and consultations shall be subject to the
provision on Confidential Information (above) and the Terms and
Conditions (below).
Members (Within the Meaning of Section 325.(1) of the Regulations)
Members (in addition to ASA):
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
Producers (Amalgamated Sugar Company LLC, American Sugar Refining
Inc., American Crystal Sugar Company and Sidney Sugars (a subsidiary of
American Crystal Sugar Co.), Florida
[[Page 14083]]
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).
Protection Provided by Certificate of Review
This Certificate protects the ASA, its Executive Committee, the
Producers and the directors, officers, employees and representatives
acting on behalf of the ASA, the ASA Executive Committee and the
Producers from private treble damage actions and government criminal
and civil suits under U.S. federal and state antitrust laws for the
export conduct specified in the Certificate of Review and carried out
during its effective period in compliance with its terms and
conditions.
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of Operation,
neither ASA, the ASA Executive Committee, any Producer nor any neutral
third-party shall intentionally disclose, directly or indirectly, to
any Member (including parent companies, subsidiaries, or other entities
related to any Member) any information regarding any other Member's
costs, production, inventories, domestic prices, domestic sales,
domestic customers, domestic production capacity, 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. If ASA determines that the collection or disclosure of any non-
public, company-specific information is necessary for the allocation of
CPAs to Producers, ASA must seek an amendment of this Certificate to
add such export conduct to this Certificate.
3. ASA, the ASA Executive Committee and the Producers 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 continue to comply with the standards of section 303(a) of
the Act.
Effective Period of Certificate
This Certificate continues in effect from the effective date
indicated below until it is relinquished, modified, or revoked, as
provided in the Act and the Regulations.
Other Conduct
Nothing in this Certificate prohibits the ASA, the ASA Executive
Committee and the Producers from engaging in conduct not specified in
this Certificate, but such conduct is subject to the normal application
of the antitrust laws.
Disclaimer
The issuance of this Certificate of Review to ASA by the Secretary
of Commerce with the concurrence of the Attorney General under the
provisions of the Act does not constitute, explicitly or implicitly, an
endorsement or opinion by the Secretary of Commerce or by the Attorney
General concerning either (a) the viability or quality of the business
plans of ASA, the ASA Executive Committee or the Producers or (b) the
legality of such business plans of ASA, the ASA Executive Committee or
the Producers under the laws of the United States (other than as
provided in the Act) or under the laws of any foreign country.
The application of this Certificate to conduct in export trade
where the United States Government is the buyer or where the United
States Government bears more than half the cost of the transaction is
subject to the limitations set forth in Section V.(D.) of the
``Guidelines for the Issuance of Export Trade Certificates of Review
(Second Edition),'' 50 FR 1786 (January 11, 1985).
In accordance with the authority granted under the Act and the
Regulations, this Certificate of Review is hereby issued to the
American Sugar Alliance.
The effective date of the Certificate is March 16, 2007. A copy of
the Certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: March 20, 2007.
Jeffrey C. Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E7-5498 Filed 3-23-07; 8:45 am]
BILLING CODE 3510-DR-P
