Export Trade Certificate of Review, 44761-44762 [2010-18571]

Download as PDF Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Notices Export Trade Certificate of Review to Saintilien Enterprise Inc., doing business as Saintilien Global Services (‘‘SGS’’). This notice summarizes the conduct for which certification has been granted. FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of Competition and Economic Analysis, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or e-mail at etca@trade.gov. Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4011–21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. The regulations implementing Title III are found at 15 CFR part 325 (2010). The Office of Competition and Economic Analysis (‘‘OCEA’’) is issuing this notice pursuant to 15 CFR 325.6(b), which requires the Secretary 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. SUPPLEMENTARY INFORMATION: Description of Certified Conduct SGS is certified to engage in the Export Trade Activities and Methods of Operation described below in the following Export Trade and Export Markets. I. Export Trade 1. Products All Products. 2. Services All Services. 3. Technology Rights Technology rights, including, but not limited to, patents, trademarks, copyrights, and trade secrets, that relate to Product and Services. WReier-Aviles on DSKGBLS3C1PROD with NOTICES 4. Export Trade Facilitation Services (as they relate to the Export of Products, Services, and Technology Rights) Export Trade Facilitation Services include 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; VerDate Mar<15>2010 12:45 Jul 28, 2010 Jkt 220001 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; and facilitating the formation of shippers’ associations. II. Export Markets 44761 Definition ‘‘Supplier’’ means a person who produces, provides, or sells Products, Services, and/or Technology Rights. Dated: July 23, 2010. Joseph E. Flynn, Director, Office of Competition and Economic Analysis. [FR Doc. 2010–18569 Filed 7–28–10; 8:45 am] 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). BILLING CODE 3510–DR–P III. Export Trade Activities and Methods of Operation ACTION: 1. With respect to the sale of Products and Services, licensing of Technology Rights and provision of Export Trade Facilitation Services, SGS, subject to the terms and conditions listed below, may: a. Provide and/or arrange for the provisions of Export Trade Facilitation Services; b. Engage in promotional and marketing activities and collect information on trade opportunities in the Export Markets and distribute such information to clients; c. Enter into exclusive and/or nonexclusive licensing and/or sales agreements with Suppliers for the export of Products, Services, and/or Technology Rights to Export Markets; d. Enter into exclusive and/or nonexclusive agreements with distributors and/or sales representatives in Export Markets; e. Allocate export sales or divide Export Markets among Suppliers for the sale and/or licensing of Products, Services, and/or Technology Rights; f. Allocate export orders among Suppliers; g. Establish the price of Products, Services, and/or Technology Rights for sales and/or licensing in Export Markets; h. Negotiate, enter into, and/or manage licensing agreements for the export of Technology Rights; and i. Enter into contracts for shipping. 2. SGS and individual Suppliers may regularly exchange information on a one-on-one basis regarding that Supplier’s inventories and near-term production schedules in order that the availability of Products for export can be determined and effectively coordinated by SGS with its distributers in Export Markets. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [Application 10–00004] Export Trade Certificate of Review Notice of Application for an Export Trade Certificate of Review From Canned Wild Salmon Export Council, LLC (‘‘CWSEC’’). The Office of Competition and Economic Analysis, 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: Joseph E. Flynn, Director, Office of Competition and Economic Analysis, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll free number) or E-mail at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. 4011–21) 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 SUMMARY: E:\FR\FM\29JYN1.SGM 29JYN1 44762 Federal Register / Vol. 75, No. 145 / Thursday, July 29, 2010 / Notices 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: Office of Competition and Economic Analysis, International Trade Administration, U.S. Department of Commerce, Room 7021X, Washington, DC 20230, or transmitted by E-mail at etca@trade.gov. 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 10–00004.’’ A summary of the application follows. Summary of the Application: Applicant: Canned Wild Salmon Export Council (‘‘CWSEC’’). Contact: James R. Hennessey, Smith and Hennessey, 316 Occidental Avenue South, Suite 500, Seattle, Washington 98104. Telephone: (206) 292–1770. Application No.: 10–00004. Date Deemed Submitted: July 14, 2010. Members (in addition to applicant): CWSEC members include the following entities: Alaska General Seafoods, Kenmore, WA; Icicle Seafoods, Inc., Seattle WA; Ocean Beauty Seafoods, LLC, Seattle, WA; Peter Pan Seafoods, Inc., Seattle, WA; Trident Seafoods Corporation, Seattle, WA; and Yardarm Knot, Inc., Seattle, WA. CWSEC seeks a Certificate of Review to engage in the Export Trade Activities and Methods of Operation described below for the following Export Trade and Export Markets: WReier-Aviles on DSKGBLS3C1PROD with NOTICES Export Trade Products Shelf stable non-refrigerated salmon product packed in a can or retort pouch, also known as canned salmon. Shelf stable means that the product can be safely stored in a sealed container at room or ambient temperature for a usefully long shelf life. A retort pouch is a flexible package in which prepared food is hermetically sealed for long-term unrefrigerated storage. Export Markets The export markets include all parts of the world except for Canada and the VerDate Mar<15>2010 12:45 Jul 28, 2010 Jkt 220001 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 1. Canned Wild Salmon Export Council, LLC is seeking certification for engaging in the following conduct: a. Sales Price. Establish sales prices, minimum sales prices, target sales prices and/or minimum target sales prices, and other terms of sales in the Export Markets, including but not limited to timing of payments, timing of sales, restrictions on bidding and audits performed by the customer in the Export Markets; b. Marketing and Distribution. Conduct marketing and distribution of canned salmon in the Export Markets; c. Promotion. Conduct promotion of canned salmon in the Export Markets; d. Quantities. Agree on quantities of canned salmon to be sold in export markets, provided that each Member shall be required to dedicate only such quantities as each such Member shall independently determine; e. Market and Customer Allocation. Allocate geographic areas or countries in the Export Markets and/or customers in the Export Markets among Members; f. Refusals to Deal. Refuse to quote prices for canned salmon, or to market or sell canned salmon to any customers in the Export Markets, or any countries or geographical area in the Export Markets; g. Exclusive/Nonexclusive Deals. Enter into exclusive and nonexclusive agreements appointing one or more Export Intermediaries for the sale of canned salmon with price, quantity, territorial and/or customer restrictions as provided above; and h. Customer Audits. Collectively agree on matters related to audits (ethical, social, technical, or other) that may be required by customers of the Members in the Export Markets; 2. Canned Wild Salmon Export Council, LLC is seeking certification for sharing among its Members the following information: a. Information about sale and marketing efforts for the Export Markets, activities and opportunities for sales of canned salmon in the Export Markets, selling strategies for the Export Markets, sales for the Export Markets, contract and spot pricing in the Export Markets, projected demands in the Exports Markets for canned salmon, terms of sale in the Export Markets, prices and PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 availability of canned salmon in the Export Markets and specifications for canned salmon by customers in the Export Markets; b. Information about the price, quantity, quality, source, and delivery dates of canned salmon available for the Members to export; c. Information about the terms and conditions of contracts for sale in the Export Markets to be considered and/or bid on; d. Information about joint bidding or selling arrangements for the Export Markets and allocations of sales resulting from such arrangements among the Members; e. Information about expenses specific to exporting to and within the Export Markets, including without limitation transportation, insurance, inland freights to port, port storage, commissions, documentation, financing, customs, duties, and taxes; f. Information about U.S. and foreign legislation and regulations, including without limitation federal marketing assistance programs affecting sales of canned salmon for the Export Markets; g. Information about export operations, including without limitation, sales and distribution networks, prior export sales by Members; and h. Information about export customer credit terms and credit history. 3. Canned Wild Salmon Export Council, LLC, and any or all of its Members, is seeking authority to meet and engage in the activities described in paragraphs 1 and 2, above. Dated: July 22, 2010. Joseph E. Flynn, Director, Office of Competition and Economic Analysis. [FR Doc. 2010–18571 Filed 7–28–10; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 94–4A007] Export Trade Certificate of Review Notice of Application (94– 4A007) To Amend the Export Trade Certificate of Review Issued to Florida Citrus Exports, L.C. (‘‘FCE’’), Application No. 94–00007. ACTION: The Office of Competition and Economic Analysis (‘‘OCEA’’) of the International Trade Administration, U.S. Department of Commerce, has received an application to amend an Export Trade Certificate of Review (‘‘Certificate’’). This notice summarizes SUMMARY: E:\FR\FM\29JYN1.SGM 29JYN1

Agencies

[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Notices]
[Pages 44761-44762]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18571]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application 10-00004]


Export Trade Certificate of Review

ACTION: Notice of Application for an Export Trade Certificate of Review 
From Canned Wild Salmon Export Council, LLC (``CWSEC'').

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SUMMARY: The Office of Competition and Economic Analysis, 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: Joseph E. Flynn, Director, Office of 
Competition and Economic Analysis, International Trade Administration, 
by telephone at (202) 482-5131 (this is not a toll free number) or E-
mail at etca@trade.gov.

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. 4011-21) 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

[[Page 44762]]

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: Office of Competition and Economic 
Analysis, International Trade Administration, U.S. Department of 
Commerce, Room 7021X, Washington, DC 20230, or transmitted by E-mail at 
etca@trade.gov. 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 10-00004.'' A 
summary of the application follows.
    Summary of the Application:
    Applicant: Canned Wild Salmon Export Council (``CWSEC'').
    Contact: James R. Hennessey, Smith and Hennessey, 316 Occidental 
Avenue South, Suite 500, Seattle, Washington 98104.
    Telephone: (206) 292-1770.
    Application No.: 10-00004.
    Date Deemed Submitted: July 14, 2010.
    Members (in addition to applicant): CWSEC members include the 
following entities: Alaska General Seafoods, Kenmore, WA; Icicle 
Seafoods, Inc., Seattle WA; Ocean Beauty Seafoods, LLC, Seattle, WA; 
Peter Pan Seafoods, Inc., Seattle, WA; Trident Seafoods Corporation, 
Seattle, WA; and Yardarm Knot, Inc., Seattle, WA.
    CWSEC seeks a Certificate of Review to engage in the Export Trade 
Activities and Methods of Operation described below for the following 
Export Trade and Export Markets:

Export Trade

Products

    Shelf stable non-refrigerated salmon product packed in a can or 
retort pouch, also known as canned salmon. Shelf stable means that the 
product can be safely stored in a sealed container at room or ambient 
temperature for a usefully long shelf life. A retort pouch is a 
flexible package in which prepared food is hermetically sealed for 
long-term unrefrigerated storage.

Export Markets

    The export markets include all parts of the world except for Canada 
and 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

    1. Canned Wild Salmon Export Council, LLC is seeking certification 
for engaging in the following conduct:
    a. Sales Price. Establish sales prices, minimum sales prices, 
target sales prices and/or minimum target sales prices, and other terms 
of sales in the Export Markets, including but not limited to timing of 
payments, timing of sales, restrictions on bidding and audits performed 
by the customer in the Export Markets;
    b. Marketing and Distribution. Conduct marketing and distribution 
of canned salmon in the Export Markets;
    c. Promotion. Conduct promotion of canned salmon in the Export 
Markets;
    d. Quantities. Agree on quantities of canned salmon to be sold in 
export markets, provided that each Member shall be required to dedicate 
only such quantities as each such Member shall independently determine;
    e. Market and Customer Allocation. Allocate geographic areas or 
countries in the Export Markets and/or customers in the Export Markets 
among Members;
    f. Refusals to Deal. Refuse to quote prices for canned salmon, or 
to market or sell canned salmon to any customers in the Export Markets, 
or any countries or geographical area in the Export Markets;
    g. Exclusive/Nonexclusive Deals. Enter into exclusive and 
nonexclusive agreements appointing one or more Export Intermediaries 
for the sale of canned salmon with price, quantity, territorial and/or 
customer restrictions as provided above; and
    h. Customer Audits. Collectively agree on matters related to audits 
(ethical, social, technical, or other) that may be required by 
customers of the Members in the Export Markets;
    2. Canned Wild Salmon Export Council, LLC is seeking certification 
for sharing among its Members the following information:
    a. Information about sale and marketing efforts for the Export 
Markets, activities and opportunities for sales of canned salmon in the 
Export Markets, selling strategies for the Export Markets, sales for 
the Export Markets, contract and spot pricing in the Export Markets, 
projected demands in the Exports Markets for canned salmon, terms of 
sale in the Export Markets, prices and availability of canned salmon in 
the Export Markets and specifications for canned salmon by customers in 
the Export Markets;
    b. Information about the price, quantity, quality, source, and 
delivery dates of canned salmon available for the Members to export;
    c. Information about the terms and conditions of contracts for sale 
in the Export Markets to be considered and/or bid on;
    d. Information about joint bidding or selling arrangements for the 
Export Markets and allocations of sales resulting from such 
arrangements among the Members;
    e. Information about expenses specific to exporting to and within 
the Export Markets, including without limitation transportation, 
insurance, inland freights to port, port storage, commissions, 
documentation, financing, customs, duties, and taxes;
    f. Information about U.S. and foreign legislation and regulations, 
including without limitation federal marketing assistance programs 
affecting sales of canned salmon for the Export Markets;
    g. Information about export operations, including without 
limitation, sales and distribution networks, prior export sales by 
Members; and
    h. Information about export customer credit terms and credit 
history.
    3. Canned Wild Salmon Export Council, LLC, and any or all of its 
Members, is seeking authority to meet and engage in the activities 
described in paragraphs 1 and 2, above.

     Dated: July 22, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-18571 Filed 7-28-10; 8:45 am]
BILLING CODE P