Export Trade Certificate of Review, 33394-33396 [E8-13200]
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33394
Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
1022 (9th Cir. 1986) and Wisconsin
Heritages, Inc. v. Harris, 490 F. Supp.
1334, 1338 (E.D. Wis. 1980). Because of
these court rulings, it is very important
that those interested in this proposed
action participate by the close of the 45day comment period so that substantive
comments and objections are made
available to the Forest Service at a time
when it can meaningfully consider them
and respond to them in the final
environmental impact statement.
To assist the Forest Service in
identifying and considering issues and
concerns on the proposed action,
comments on the draft environmental
impact statement should be as specific
as possible. It is also helpful if
comments refer to specific pages or
chapters of the draft statement.
Comments may also address the
adequacy of the draft environmental
impact statement or the merits of the
alternatives formulated and discussed in
the statement. Reviewers may wish to
refer to the Council on Environmental
Quality Regulations for implementing
the procedural provisions of the
National Environmental Policy Act at 40
CFR 1503.3 in addressing these points.
Comments received, including the
names and addresses of those who
comment, will be considered part of the
public record on this proposal and will
be available for public inspection.
Authority: 40 CFR 1501.7 and 1508.22;
Forest Service Handbook 1909.15, Section
21.
Dated: June 4, 2008.
Clarke McClung,
Tongue District Ranger.
[FR Doc. E8–13060 Filed 6–11–08; 8:45 am]
campground facilities. Funds from the
use of these developed campground
facilities will be used for the continued
operation and maintenance of Pine Bar
and Mill Canyon Campgrounds.
DATES: Pine Bar and Mill Canyon
Campgrounds will become available for
use May 25, 2009.
ADDRESSES: Forest Supervisor, CaribouTarghee National Forest, 1405 Hollipark
Dr., Idaho Falls, Idaho 83401.
FOR FURTHER INFORMATION CONTACT:
Maury Young, Recreation Technician,
208–847–8953, or Bart Andreasen,
Recreation Fee Coordinator, 208–624–
1165.
The
Federal Recreation Lands Enhancement
Act (Title VII, Pub. L. 108–447) directed
the Secretary of Agriculture to publish
a six month advance notice in the
Federal Register whenever new
recreation fee areas are established. The
Caribou-Targhee National Forest
currently has 41 other developed
campgrounds. These campgrounds are
well used and are very popular during
the summer and fall seasons. A business
analysis of these two campgrounds has
shown that people desire having this
sort of developed recreation experience
in the Caribou-Targhee National Forest.
A market analysis indicates that the
$8.00 per night fee is both reasonable
and acceptable for this sort of recreation
experience.
SUPPLEMENTARY INFORMATION:
Date: June 6, 2008.
Larry Timchak,
Caribou-Targhee National Forest Supervisor.
[FR Doc. E8–13188 Filed 6–11–08; 8:45 am]
BILLING CODE 3410–11–P
BILLING CODE 3410–11–M
DEPARTMENT OF COMMERCE
DEPARTMENT OF AGRICULTURE
International Trade Administration
Forest Service
[Application No. 08–00008]
Notice of New Fee Sites; Federal Lands
Recreation Enhancement Act (Title VIII,
Pub. L. 108–447)
Caribou-Targhee National
Forest, USDA Forest Service.
ACTION: Notice of new fee sites.
AGENCY:
The Soda Springs Ranger
District of the Caribou-Targhee National
Forest will begin charging a $8.00 fee for
overnight camping at the Pine Bar and
Mill Canyon Campgrounds on the Soda
Springs Ranger District. There will also
be a $2.00 fee for an extra vehicle.
Overnight camping at other
campgrounds on the Caribou-Targhee
National Forest has shown that the
public appreciates and enjoys the
availability of developed recreation
mstockstill on PROD1PC66 with NOTICES
SUMMARY:
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Export Trade Certificate of Review
Notice of Application for an
Export Trade Certificate of Review from
American Sugar Export Company LLC.
ACTION:
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
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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–X 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 08–00008.’’ A summary of the
application follows.
Summary of the Application
Applicant: American Sugar Export
Company LLC (‘‘ASEC’’), 1875
Pennsylvania Avenue, NW.,
Washington, DC 20004.
Contact: Robert C. Cassidy, Counsel to
the Applicant, Telephone: (202) 863–
7282.
Application No.: 08–00008.
Date Deemed Submitted: May 29,
2008.
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Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
Members (in addition to applicant):
Listed below.
ASEC and its Members seek a
Certificate to cover the following
specific Export Trade, Export Markets,
and Export Trade Activities and
Methods of Operations.
Export Trade
Products
U.S.-origin sugar and syrups meeting
the following definitions: Harmonized
Tariff Schedule of the United States
(HTSUS) 1701, cane or beet sugar and
chemically pure sucrose, in solid form;
HTSUS 1806.10.43 through HTSUS
1806.10.75, cane or beet sugar and
chemically pure sucrose, in solid form:
Containing 90 percent or more by dry
weight of sugar; HTSUS 2106.90.42
through HTSUS 2106.90.46, food
preparations not elsewhere specified or
included: Syrups derived from cane or
beet sugar, containing added coloring
but not added flavoring matter.
mstockstill on PROD1PC66 with NOTICES
Export Markets
The Export Markets include all parts
of the world except the United States
(the fifty states of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam,
the Commonwealth of the Northern
Mariana Islands, and the Trust Territory
of the Pacific Islands).
Export Trade Activities and Methods of
Operation
To engage in Export Trade in the
Export Markets, ASEC and its Members
intend to undertake the following
activities:
1. With respect to the Export Markets,
ASEC and/or one or more of its
Members may:
a. Engage in joint bidding or selling
arrangements and allocate sales
resulting from such arrangements
among the Members; and
b. By agreement, including agreement
with Export Intermediaries:
(i) Establish the prices at which
Products will be sold;
(ii) Establish standard terms of sale of
Products;
(iii) Establish standard quality grades
for Products;
(iv) Establish target prices for sales of
Products by its Members, with each
Member remaining free to deviate from
such target prices in its sole discretion;
(v) Subject to the limitations set forth
below, establish the quantity of
Products for sales in specific Export
Markets;
(vi) Allocate among the Members the
Export Markets or customers in the
Export Markets;
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(vii) Refuse to quote prices for, or to
market or sell Products; and
(viii) Engage in joint promotional
activities aimed at developing existing
or new Export Markets, such as
advertising and trade shows;
2. With respect to Export Markets,
ASEC may communicate the same
information to each Member and, in the
event of an over commitment of
Products from Members, may
communicate with Members about
reductions in commitments.
3. ASEC and/or one or more of its
Members may enter into agreements to
act in certain Export Markets as the
Members’ exclusive or non-exclusive
Export Intermediary(ies) for the quantity
of Products dedicated by Members for
sale by ASEC or any Member(s) in such
Export Markets. In any such agreement
(i) ASEC or the Member(s) acting as an
exclusive Export Intermediary may
agree not to represent any other
Supplier of Products with respect to
such Export Markets and (ii) Members
may agree that they will export the
quantity of Products dedicated for sales
in such Export Markets only through
ASEC or the Member(s) acting as the
exclusive Export Intermediary, and that
they will not export independently any
of the Products dedicated to ASEC,
either directly or through any other
Export Intermediary.
4. ASEC and/or one or more of its
Members may enter into exclusive and
non-exclusive agreements appointing
third parties as Export Intermediaries
for the sale of Products in the Export
Markets. Such agreements may contain
the price, quantity, quality, terms of
sales, territorial, and customer
restrictions for the Export Markets
contained in and subject to the
restrictions of paragraph 1, above.
5. The Members may refuse to deal
with Export Intermediaries other than
ASEC and its Members.
6. ASEC and/or one or more of its
Members may solicit individual nonMember Suppliers to sell Products and/
or offer Export Trade Facilitation
Services through the certified activities
of ASEC and/or its Members; provided,
however, that ASEC and/or one or more
of its Members will make such
solicitations or offers to non-Member
Suppliers on a transaction-bytransaction basis only and then only
when the Members have not
independently committed to a total
quantity of Products sufficient to cover
such transaction and ASEC and/or the
Member(s) does not pay non-Member
domestic Suppliers more than the price
to be received by ASEC and/or its
Member(s) pursuant to the transaction,
and provided further that ASEC and/or
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33395
such Member(s) may exchange only
such information with such nonMember Suppliers as is reasonably
required by such transaction.
7. With respect to the sale of Products
to the Export Markets only, ASEC may
compile for, collect from, and
disseminate to its Members, and the
Members may discuss among
themselves, in meetings conducted by
ASEC or independently via telephone
and other modes of communication as
they decide appropriate, information
about the following subjects:
a. Sales and marketing efforts, and
activities and opportunities for sale of
Products in Export Markets, including
but not limited to selling strategies and
pricing, projected demand for Products,
standard or customary terms of sales in
the Export Markets, prices and
availability of Products from
competitors, and specifications for
Products by customers in the Export
Markets;
b. Export prices, Products quality and
quantity, Products source, and delivery
dates for Products in the Export
Markets;
c. Terms and conditions of contracts
for sale in the Export Markets of
Products by ASEC and its Members;
d. Joint bidding or selling
arrangements in the Export Markets, and
the allocation of sales resulting from
such arrangements among the Members;
e. Expenses specific to exporting to
and within the Export Markets,
including without limitation,
transportation, trans- or intermodal
shipments, insurance, inland freight to
port, port storage, commissions, export
sales, documentation, financing,
customs duties, and taxes;
f. U.S. and foreign legislation,
regulations, and policies affecting
export sales; and
g. ASEC’s and/or its Members’ export
operations, including without
limitation, sales and distribution
networks established by ASEC or its
Members in the Export Markets, and
prior export sales by Members
(including export price information).
8. ASEC and its Members may
prescribe conditions for withdrawal of
Members from and admission of
Members to ASEC; provided, however,
that each Member shall have the right to
withdraw at any time without further
liability to pay dues or assessments
except to pay to the corporation any
remaining amounts due under a written
subscription signed by the Member
agreeing to make such contribution.
9. With respect to Products for sale in
the Export Markets, ASEC may, for itself
or on behalf of its Members, establish
and implement a quality assurance
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33396
Federal Register / Vol. 73, No. 114 / Thursday, June 12, 2008 / Notices
program for Products, including without
limitation establishing, staffing, and
operating a laboratory to conduct
quality testing, promulgating quality
standards or grades, inspecting Products
samples, and publishing guidelines for
and reports of the results of laboratory
testing.
10. Applicant may conduct meetings
of its Members, including meetings via
telephone and other modes of
communication as they decide
appropriate, to engage in the activities
described in paragraphs one through
nine, above.
Definitions
‘‘Supplier’’ means a person who
produces, provides, or sells Products or
Export Trade Facilitation Services.
‘‘Export Intermediary’’ means a
person who acts as a distributor,
representative, sales or marketing agent,
or broker, or who performs similar
functions, including providing or
arranging for the provision of Export
Trade Facilitation Services.
‘‘Export Trade Facilitation Services’’
are activities that assist the progress of
exporting, such as professional services
in the areas of government relations and
assistance with state and federal
programs; foreign trade and business
protocol; consulting; market research
and analysis; collection of information
on trade opportunities; marketing;
negotiations; joint ventures; shipping;
export management; export licensing;
advertising; documentation and services
related to compliance with customs
requirements; insurance and financing;
trade show exhibitions; organizational
development; management and labor
strategies; transfer of technology;
transportation services; and facilitating
the formation of shippers’ associations.
Members (Within the Meaning of
325.2(1) of the Regulations)
mstockstill on PROD1PC66 with NOTICES
Suppliers of Products
The Amalgamated Sugar Company,
LLC, 3184 Elder Street, Boise, ID 83705,
Tel: (208)383–6500, Fax: (208)383–6688.
American Crystal Sugar Company,
101 North Third Street, Moorhead, MN
56560, Tel: 218–236–4400, Fax: 218–
236–4422.
American Sugar Holdings, Inc. and
American Sugar Refining, Inc. (a
subsidiary of American Sugar Holdings,
Inc.), 1 Federal Street, Yonkers, NY
10705, Tel: 914–963–2400, Fax: 914–
476–4072.
Imperial Sugar Company, One
Imperial Square, 8016 Highway 90–A,
Sugar Land, TX 77478, Tel: 281–491–
9181.
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21:47 Jun 11, 2008
Jkt 214001
Michigan Sugar Company, 2600 South
Euclid Avenue, Bay City, MI 48706, Tel:
989–686–0161, Fax: 989–686–3269.
Minn-Dak Farmers Cooperative, 7525
Red River Road, Wahpeton, ND 58075,
Tel: 701–642–8411, Fax: 701–671–1369.
Sidney Sugars Incorporated, 101
North Third Street, Moorhead, MN
56560, Tel: 218–236–4400, Fax: 218–
236–4422.
Southern Minnesota Beet Sugar
Cooperative, P.O. Box 500, Renville, MN
56284, Tel: 320–329–8305, Fax: 320–
329–3252.
Spreckels Sugar Company, Inc., P.O.
Box 500, Renville, MN 56284, Tel: 320–
329–8305, Fax: 320–329–3252.
United States Sugar Corporation, 111
Ponce de Leon Avenue, Clewiston, FL
33440, Tel: 863–983–8121, Fax: 863–
983–9827.
Western Sugar Cooperative, 7555 East
Hampden Avenue, Suite 600, Denver,
CO 80231, Tel: 303–813–3500, Fax:
303–832–4084.
Export Intermediaries For Products
Domino Foods, Inc., 1 Federal Street,
Yonkers, NY 10705–1079, Tel: 914–
709–8053.
United Sugars Corporation, 7401
Metro Blvd., Suite 350, Edina, MN
55439, Tel: 952–896–0131, Fax: 952–
896–0400.
ASEC has proposed that the following
Terms and Conditions govern its
proposed Export Trade Activities and
Methods of Operation:
Terms and Conditions of Certificate
1. In engaging in Export Trade
Activities and Methods of Operations,
except as provided in paragraph 7,
above, neither ASEC nor its Members
shall intentionally disclose, directly or
indirectly, to each other or any other
Supplier of Product any information
about its or any Supplier’s costs,
production, capacity, inventories,
domestic prices, domestic sales,
domestic orders, terms of domestic
marketing or sale, or U.S. business
plans, strategies or methods, unless: (1)
Such information is already generally
available to the trade or public; or (2)
such disclosure is a material part of the
negotiations for an actual or potential
bona fide sale or purchase of Product
and the disclosure is limited to that
prospective purchaser or seller.
2. Participation by a Member in any
Export Trade Activity or Method of
Operation under the Certificate shall be
entirely voluntary to that Member,
subject to the provisions of paragraph 8,
above, and subject to the honoring of
contractual commitments for sales of
Product in specific export transactions.
A Member may withdraw from coverage
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Fmt 4703
Sfmt 4703
under the Certificate at any time by
giving written notice to ASEC, a copy of
which ASEC shall promptly transmit to
the Secretary of Commerce and the
Attorney General.
3. ASEC and its Members will comply
with requests made by the Secretary of
Commerce on behalf of the Secretary or
the Attorney General for information or
documents relevant to conduct under
the certificate. The Secretary of
Commerce will request such
information or documents when either
the Attorney General or the Secretary of
Commerce believes that the information
or documents are required to determine
that the Export Trade, Export Trade
Activities, or Methods of Operation of a
person protected by this certificate of
review continues to comply with the
standards of Section 303(a) of the Act.
Dated: June 6, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8–13200 Filed 6–11–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–817]
Certain Hot-Rolled Carbon Steel Flat
Products From Thailand: Final Results
of Antidumping Duty Administrative
Review and Partial Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) has conducted an
administrative review of the
antidumping duty order on certain hotrolled carbon steel flat products from
Thailand produced and/or exported by
G Steel Public Company Limited (G
Steel). The period of review (POR) is
November 1, 2005 through October 31,
2006. Based on our analysis of
comments received, we have made
certain adjustments and clerical error
corrections for these final results which
change the margin. This administrative
review also covers Nakornthai Strip Mill
Public Co., Ltd. (NSM), an exporter that
did not have any U.S. sales or
shipments during the POR, and for
which the Department is rescinding this
review. The final results are listed
below in the ‘‘Final Results of Review’’
section.
EFFECTIVE DATE: June 12, 2008.
FOR FURTHER INFORMATION CONTACT:
Dena Crossland or Stephen Bailey,
AGENCY:
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]]>Agencies
[Federal Register Volume 73, Number 114 (Thursday, June 12, 2008)]
[Notices]
[Pages 33394-33396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13200]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 08-00008]
Export Trade Certificate of Review
ACTION: Notice of Application for an Export Trade Certificate of Review
from American Sugar Export Company LLC.
-----------------------------------------------------------------------
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-X H, Washington, DC 20230. Information submitted by any person is
exempt from disclosure under the Freedom of Information Act (5 U.S.C.
Sec. 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 08-00008.''
A summary of the application follows.
Summary of the Application
Applicant: American Sugar Export Company LLC (``ASEC''), 1875
Pennsylvania Avenue, NW., Washington, DC 20004.
Contact: Robert C. Cassidy, Counsel to the Applicant, Telephone:
(202) 863-7282.
Application No.: 08-00008.
Date Deemed Submitted: May 29, 2008.
[[Page 33395]]
Members (in addition to applicant): Listed below.
ASEC and its Members seek a Certificate to cover the following
specific Export Trade, Export Markets, and Export Trade Activities and
Methods of Operations.
Export Trade
Products
U.S.-origin sugar and syrups meeting the following definitions:
Harmonized Tariff Schedule of the United States (HTSUS) 1701, cane or
beet sugar and chemically pure sucrose, in solid form; HTSUS 1806.10.43
through HTSUS 1806.10.75, cane or beet sugar and chemically pure
sucrose, in solid form: Containing 90 percent or more by dry weight of
sugar; HTSUS 2106.90.42 through HTSUS 2106.90.46, food preparations not
elsewhere specified or included: Syrups derived from cane or beet
sugar, containing added coloring but not added flavoring matter.
Export Markets
The Export Markets include all parts of the world except the United
States (the fifty states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the
Trust Territory of the Pacific Islands).
Export Trade Activities and Methods of Operation
To engage in Export Trade in the Export Markets, ASEC and its
Members intend to undertake the following activities:
1. With respect to the Export Markets, ASEC and/or one or more of
its Members may:
a. Engage in joint bidding or selling arrangements and allocate
sales resulting from such arrangements among the Members; and
b. By agreement, including agreement with Export Intermediaries:
(i) Establish the prices at which Products will be sold;
(ii) Establish standard terms of sale of Products;
(iii) Establish standard quality grades for Products;
(iv) Establish target prices for sales of Products by its Members,
with each Member remaining free to deviate from such target prices in
its sole discretion;
(v) Subject to the limitations set forth below, establish the
quantity of Products for sales in specific Export Markets;
(vi) Allocate among the Members the Export Markets or customers in
the Export Markets;
(vii) Refuse to quote prices for, or to market or sell Products;
and
(viii) Engage in joint promotional activities aimed at developing
existing or new Export Markets, such as advertising and trade shows;
2. With respect to Export Markets, ASEC may communicate the same
information to each Member and, in the event of an over commitment of
Products from Members, may communicate with Members about reductions in
commitments.
3. ASEC and/or one or more of its Members may enter into agreements
to act in certain Export Markets as the Members' exclusive or non-
exclusive Export Intermediary(ies) for the quantity of Products
dedicated by Members for sale by ASEC or any Member(s) in such Export
Markets. In any such agreement (i) ASEC or the Member(s) acting as an
exclusive Export Intermediary may agree not to represent any other
Supplier of Products with respect to such Export Markets and (ii)
Members may agree that they will export the quantity of Products
dedicated for sales in such Export Markets only through ASEC or the
Member(s) acting as the exclusive Export Intermediary, and that they
will not export independently any of the Products dedicated to ASEC,
either directly or through any other Export Intermediary.
4. ASEC and/or one or more of its Members may enter into exclusive
and non-exclusive agreements appointing third parties as Export
Intermediaries for the sale of Products in the Export Markets. Such
agreements may contain the price, quantity, quality, terms of sales,
territorial, and customer restrictions for the Export Markets contained
in and subject to the restrictions of paragraph 1, above.
5. The Members may refuse to deal with Export Intermediaries other
than ASEC and its Members.
6. ASEC and/or one or more of its Members may solicit individual
non-Member Suppliers to sell Products and/or offer Export Trade
Facilitation Services through the certified activities of ASEC and/or
its Members; provided, however, that ASEC and/or one or more of its
Members will make such solicitations or offers to non-Member Suppliers
on a transaction-by-transaction basis only and then only when the
Members have not independently committed to a total quantity of
Products sufficient to cover such transaction and ASEC and/or the
Member(s) does not pay non-Member domestic Suppliers more than the
price to be received by ASEC and/or its Member(s) pursuant to the
transaction, and provided further that ASEC and/or such Member(s) may
exchange only such information with such non-Member Suppliers as is
reasonably required by such transaction.
7. With respect to the sale of Products to the Export Markets only,
ASEC may compile for, collect from, and disseminate to its Members, and
the Members may discuss among themselves, in meetings conducted by ASEC
or independently via telephone and other modes of communication as they
decide appropriate, information about the following subjects:
a. Sales and marketing efforts, and activities and opportunities
for sale of Products in Export Markets, including but not limited to
selling strategies and pricing, projected demand for Products, standard
or customary terms of sales in the Export Markets, prices and
availability of Products from competitors, and specifications for
Products by customers in the Export Markets;
b. Export prices, Products quality and quantity, Products source,
and delivery dates for Products in the Export Markets;
c. Terms and conditions of contracts for sale in the Export Markets
of Products by ASEC and its Members;
d. Joint bidding or selling arrangements in the Export Markets, and
the allocation of sales resulting from such arrangements among the
Members;
e. Expenses specific to exporting to and within the Export Markets,
including without limitation, transportation, trans- or intermodal
shipments, insurance, inland freight to port, port storage,
commissions, export sales, documentation, financing, customs duties,
and taxes;
f. U.S. and foreign legislation, regulations, and policies
affecting export sales; and
g. ASEC's and/or its Members' export operations, including without
limitation, sales and distribution networks established by ASEC or its
Members in the Export Markets, and prior export sales by Members
(including export price information).
8. ASEC and its Members may prescribe conditions for withdrawal of
Members from and admission of Members to ASEC; provided, however, that
each Member shall have the right to withdraw at any time without
further liability to pay dues or assessments except to pay to the
corporation any remaining amounts due under a written subscription
signed by the Member agreeing to make such contribution.
9. With respect to Products for sale in the Export Markets, ASEC
may, for itself or on behalf of its Members, establish and implement a
quality assurance
[[Page 33396]]
program for Products, including without limitation establishing,
staffing, and operating a laboratory to conduct quality testing,
promulgating quality standards or grades, inspecting Products samples,
and publishing guidelines for and reports of the results of laboratory
testing.
10. Applicant may conduct meetings of its Members, including
meetings via telephone and other modes of communication as they decide
appropriate, to engage in the activities described in paragraphs one
through nine, above.
Definitions
``Supplier'' means a person who produces, provides, or sells
Products or Export Trade Facilitation Services.
``Export Intermediary'' means a person who acts as a distributor,
representative, sales or marketing agent, or broker, or who performs
similar functions, including providing or arranging for the provision
of Export Trade Facilitation Services.
``Export Trade Facilitation Services'' are activities that assist
the progress of exporting, such as professional services in the areas
of government relations and assistance with state and federal programs;
foreign trade and business protocol; consulting; market research and
analysis; collection of information on trade opportunities; marketing;
negotiations; joint ventures; shipping; export management; export
licensing; advertising; documentation and services related to
compliance with customs requirements; insurance and financing; trade
show exhibitions; organizational development; management and labor
strategies; transfer of technology; transportation services; and
facilitating the formation of shippers' associations.
Members (Within the Meaning of 325.2(1) of the Regulations)
Suppliers of Products
The Amalgamated Sugar Company, LLC, 3184 Elder Street, Boise, ID
83705, Tel: (208)383-6500, Fax: (208)383-6688.
American Crystal Sugar Company, 101 North Third Street, Moorhead,
MN 56560, Tel: 218-236-4400, Fax: 218-236-4422.
American Sugar Holdings, Inc. and American Sugar Refining, Inc. (a
subsidiary of American Sugar Holdings, Inc.), 1 Federal Street,
Yonkers, NY 10705, Tel: 914-963-2400, Fax: 914-476-4072.
Imperial Sugar Company, One Imperial Square, 8016 Highway 90-A,
Sugar Land, TX 77478, Tel: 281-491-9181.
Michigan Sugar Company, 2600 South Euclid Avenue, Bay City, MI
48706, Tel: 989-686-0161, Fax: 989-686-3269.
Minn-Dak Farmers Cooperative, 7525 Red River Road, Wahpeton, ND
58075, Tel: 701-642-8411, Fax: 701-671-1369.
Sidney Sugars Incorporated, 101 North Third Street, Moorhead, MN
56560, Tel: 218-236-4400, Fax: 218-236-4422.
Southern Minnesota Beet Sugar Cooperative, P.O. Box 500, Renville,
MN 56284, Tel: 320-329-8305, Fax: 320-329-3252.
Spreckels Sugar Company, Inc., P.O. Box 500, Renville, MN 56284,
Tel: 320-329-8305, Fax: 320-329-3252.
United States Sugar Corporation, 111 Ponce de Leon Avenue,
Clewiston, FL 33440, Tel: 863-983-8121, Fax: 863-983-9827.
Western Sugar Cooperative, 7555 East Hampden Avenue, Suite 600,
Denver, CO 80231, Tel: 303-813-3500, Fax: 303-832-4084.
Export Intermediaries For Products
Domino Foods, Inc., 1 Federal Street, Yonkers, NY 10705-1079, Tel:
914-709-8053.
United Sugars Corporation, 7401 Metro Blvd., Suite 350, Edina, MN
55439, Tel: 952-896-0131, Fax: 952-896-0400.
ASEC has proposed that the following Terms and Conditions govern
its proposed Export Trade Activities and Methods of Operation:
Terms and Conditions of Certificate
1. In engaging in Export Trade Activities and Methods of
Operations, except as provided in paragraph 7, above, neither ASEC nor
its Members shall intentionally disclose, directly or indirectly, to
each other or any other Supplier of Product any information about its
or any Supplier's costs, production, capacity, inventories, domestic
prices, domestic sales, domestic orders, terms of domestic marketing or
sale, or U.S. business plans, strategies or methods, unless: (1) Such
information is already generally available to the trade or public; or
(2) such disclosure is a material part of the negotiations for an
actual or potential bona fide sale or purchase of Product and the
disclosure is limited to that prospective purchaser or seller.
2. Participation by a Member in any Export Trade Activity or Method
of Operation under the Certificate shall be entirely voluntary to that
Member, subject to the provisions of paragraph 8, above, and subject to
the honoring of contractual commitments for sales of Product in
specific export transactions. A Member may withdraw from coverage under
the Certificate at any time by giving written notice to ASEC, a copy of
which ASEC shall promptly transmit to the Secretary of Commerce and the
Attorney General.
3. ASEC and its Members will comply with requests made by the
Secretary of Commerce on behalf of the Secretary or the Attorney
General for information or documents relevant to conduct under the
certificate. The Secretary of Commerce will request such information or
documents when either the Attorney General or the Secretary of Commerce
believes that the information or documents are required to determine
that the Export Trade, Export Trade Activities, or Methods of Operation
of a person protected by this certificate of review continues to comply
with the standards of Section 303(a) of the Act.
Dated: June 6, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-13200 Filed 6-11-08; 8:45 am]
BILLING CODE 3510-DR-P
