Export Trade Certificate of Review, 21969-21971 [2012-8759]
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
from Argentina. See Notice of
Countervailing Duty Order: Honey From
Argentina, 66 FR 63673 (December 10,
2001). On December 1, 2011, the
Department published a notice of
opportunity to request an administrative
review of the countervailing duty order
on honey from Argentina for the period
January 1, 2011, through December 31,
2011. See Antidumping or
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
To Request Administrative Review, 76
FR 74773 (December 1, 2011). On
January 3, 2012, in accordance with 19
CFR 351.213(b), the Department
received a timely request from the
American Honey Producers Association
and the Sioux Honey Association
(collectively, Petitioners), to conduct an
administrative review. In accordance
with section 751(a)(1) of the Tariff Act
of 1930 (the Act) and 19 CFR
351.221(c)(1)(i), on January 31, 2012, the
Department published a notice initiating
an administrative review of the
countervailing duty order. See Initiation
of Antidumping and Countervailing
Duty Administrative Reviews, 77 FR
4759 (January 31, 2012). On March 13,
2012, Petitioners withdrew their request
for review.
Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), the
Secretary will rescind an administrative
review, in whole or in part, if the party
that requested the review withdraws the
request within 90 days of the date of
publication of the notice of initiation of
the requested review. Petitioners’ March
13, 2012, withdrawal was filed within
the 90-day period, and no other party
requested a review. Therefore, pursuant
to 19 CFR 351.213(d)(1), the Department
is rescinding this administrative review.
mstockstill on DSK4VPTVN1PROD with NOTICES
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess countervailing duties at the cash
deposit rate in effect on the date of
entry, for all entries of honey from
Argentina during the period January 1,
2011, through December 31, 2011. The
Department intends to issue appropriate
assessment instructions to CBP 15 days
after publication of this notice of
rescission of administrative review.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to the administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
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16:27 Apr 11, 2012
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written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Dated: April 5, 2012.
Edward C. Yang,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2012–8840 Filed 4–11–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application 12–00001]
Export Trade Certificate of Review
Notice of Application for an
Export Trade Certificate of Review from
Panama Poultry Export Quota, Inc.
ACTION:
The Export Trading Company
Affairs (‘‘ETCA’’) unit, 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 Flynn, Director, Office of
Competition and Economic Analysis,
International Trade Administration,
(202) 482–5131 (this is not a toll-free
number) or email at etca@trade.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.
SUMMARY:
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21969
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 7021X, Washington,
DC 20230, or transmitted by Email at
oetca@ita.doc.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 12–00001.’’ A summary of the
application follows.
Summary of the Application
Applicant: Panama Poultry Export
Quota, Inc. (‘‘PAN–PEQ’’), 1700
Pennsylvania Avenue NW., Suite 200,
Washington, DC 20006.
Application No.: 12–00001.
Date Deemed Submitted: March 27,
2012.
Members (in addition to applicant):
Panama Poultry Export Quota, Inc.
members include the following entities:
USA Poultry & Egg Export Council
(USAPEEC’’), 2300 West Park Place,
Boulevard, Suite 200, Stone Mountain,
Georgia 30087, and Associacion
Nacional de Avicultores de Panama
(‘‘ANAVIP’’), Calle 75, Manuel de Jesus
Quijano, San Francisco, Casa No. 61,
Apartado Postal 0819–06190, Panama,
Republic of Panama.
PAN–PEQ seeks a Certificate of
Review to engage in the Export Trade
Activities and Methods of Operation
described below in the following Export
Trade and Export Markets:
Export Trade
Products
PAN–PEQ plans to export Chicken leg
quarters, (or parts of chicken leg
quarters, including legs or thighs), fresh,
chilled or frozen, seasoned or
unseasoned, marinated or not
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Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
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marinated, classifiable under HTS
0207.13.99, 0207.14.99 and 1602.32.00.
Export Markets
Chicken leg quarters for which awards
will be made will be exported to the
Republic of Panama.
1. Purpose. PAN–PEQ will manage on
an open tender basis the tariff-rate
quotas (TRQs) for poultry products
granted by the Republic of Panama to
the United States under the terms of the
Panama Trade Promotion Agreement or
any amended or successor agreement
providing for Panamanian poultry TRQs
for the United States of America. PAN–
PEQ also will provide for distributions
of the proceeds received from the tender
process based on exports of poultry
(‘‘the TRQ System’’) to support the
operation and administration of PAN–
PEQ and for the benefit of the poultry
industries in the Republic of Panama
and the United States.
2. Implementation.
A. Administrator. PAN–PEQ shall
contract with a neutral third party
Administrator who is not engaged in the
production, sale, distribution or export
of poultry or poultry products and who
shall bear responsibility for
administering the TRQ System, subject
to general supervision and oversight by
the Board of Directors of PAN–PEQ.
B. Membership. PAN–PEQ’s members
under this certificate are the USA
Poultry and Egg Export Council
(‘‘USAPEEC’’) on behalf of the U.S.
´
poultry industry; and the Asociacion
´
Nacional de Avicultores de Panama
(‘‘ANAVIP’’) on behalf of the
Panamanian poultry industry.
C. Open Tender Process. PAN–PEQ
shall offer TRQ Certificates for duty-free
shipments of chicken leg quarters to the
Republic of Panama solely and
exclusively through an open tender
process with certificates awarded to the
highest bidders (‘‘TRQ Certificates’’).
PAN–PEQ shall hold tenders in
accordance with tranches established in
the relevant regulations of the Republic
of Panama, or in the absence of such, at
least once each year. The award of TRQ
Certificates under the open tender
process shall be determined solely by
the Administrator in accordance with
Section I without any participation by
the Board of Directors.
D. Persons or Entities Eligible to Bid.
Any person or entity incorporated or
with a legal address in the United States
of America shall be eligible to bid in the
open tender process.
E. Notice. The Administrator shall
publish notice (‘‘Notice’’) of each open
tender process to be held to award TRQ
Certificates in the Journal of Commerce
and, at the discretion of the
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Jkt 226001
Administrator, in other publications of
general circulation within the U.S.
poultry industry or in the Republic of
Panama. The Notice will invite
independent bids and will specify (i)
the total amount (in metric tons) that
will be allocated pursuant to the
applicable tender; (ii) the shipment
period for which the TRQ Certificates
will be valid; and (iii) the date and time
by which all bids must be received by
the Administrator in order to be
considered (the ‘‘Bid Date’’); and (iv) a
minimum bid amount per ton, as
established by the Board of Directors, to
ensure the costs of administering the
auction are recovered. The Notice
normally will be published not later
than 30 business days prior to the first
day of the shipment period and will
specify a Bid Date that is at least 10
business days after the date of
publication of the Notice. The Notice
will specify the format for bid
submissions. Bids must be received by
the Administrator not later than 5 p.m.
EST on the Bid Date.
F. Contents of Bid. The bid shall be
in a format established by the
Administrator and shall state (i) the
name, address, telephone and facsimile
numbers, and email address of the
bidder; (ii) the quantity of poultry bid,
in metric tons or portions of metric tons;
(iii) the bid price in U.S. dollars per
metric ton; and (iv) the total value of the
bid. The bid form shall contain a
provision, that must be signed by the
bidder, agreeing that (i) any dispute that
may arise relating to the bidding process
or to the award to TRQ Certificates shall
be settled by arbitration administered by
the American Arbitration Association in
accordance with its Commercial
Arbitration Rules; and (ii) judgment on
any award rendered by the arbitrator
may be entered in any court having
jurisdiction thereof.
G. Performance Security. The bidder
shall submit with each bid a
performance bond, irrevocable letter of
credit drawn on a U.S. bank, cashier’s
check, wire transfer or equivalent
security, in a form approved and for the
benefit of an account designated by the
Administrator, in the amount of $50,000
or the total value of the bid, whichever
is less. The bidder shall forfeit such
performance security if the bidder fails
to pay for any TRQ Certificates awarded
within five (5) business days. The
bidder may chose to apply the
performance security to the price of any
successful bid, or to retain the
performance security for a subsequent
open tender process. Promptly after the
close of the open tender process, the
Administrator shall return any unused
or non-forfeited security to the bidder.
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H. Confidentiality of Bids. The
Administrator shall treat all bids and
their contents as confidential. The
Administrator shall disclose
information about bids only to: (a) An
external auditor retained for purposes of
auditing auction results and proceeds;
(b) an authorized neutral third party, or,
(c) an authorized government official of
the United States or of the Republic of
Panama, and only as necessary to ensure
the effective operation of the TRQ
System.
I. However, after the issuance of all
TRQ Certificates from an open tender
process, the Administrator shall notify
all bidders and shall disclose publicly
(i) the total tonnage for which TRQ
Certificates were awarded, and (ii) the
lowest price per metric ton of all
successful bids.
J. Award of TRQ Certificates. The
Administrator shall award TRQ
Certificates for the available tonnage to
the bidders who have submitted the
highest price conforming bids. If two or
more bidders have submitted bids with
identical prices, the Administrator shall
divide the remaining available tonnage
in proportion to the quantities of their
bids, and offer each TRQ Certificates in
the resulting tonnages. If any bidder
declines all or part of the tonnage
offered, the Administrator shall offer
that tonnage first to the other tying
bidders, and then to the next highest
bidder.
K. Payment for TRQ Certificates.
Promptly after being notified of a TRQ
award and within the time specified in
the Notice, the bidder shall pay the full
amount of the bid, either by wire
transfer or by certified check, to an
account designated by the
Administrator. If the bidder fails to
make payment within five (5) days, the
Administrator shall revoke the award
and award the tonnage to the next
highest bidder(s).
L. Delivery of TRQ Certificates. The
Administrator shall establish an account
for each successful bidder in the amount
of tonnage available for TRQ
Certificates. Upon request, the
Administrator will issue TRQ
Certificates in the tonnage designated by
the bidder, consistent with the balance
in that account. The TRQ Certificate
shall state the delivery period for which
it is valid.
M. Transferability. TRQ Certificates
shall be freely transferable except that
(i) any TRQ Certificate holder who
intends to sell, transfer or assign any
rights under that Certificate shall
publish such intention on a Web site
maintained by the Administrator at least
three (3) business days prior to any sale,
transfer or assignment; and (ii) any TRQ
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 71 / Thursday, April 12, 2012 / Notices
holder that sells, transfers or assigns its
rights under a TRQ Certificate shall
provide the Administrator with notice
and a copy of the sale, transfer or
assignment within three (3) business
days.
N. Deposit of Proceeds: The
Administrator shall cause all proceeds
of the open tender process to be
deposited in an interest-bearing account
in a financial institution approved by
the PAN–PEQ Board of Directors.
O. Disposition of Proceeds. The
proceeds of the open tender process
shall be applied and distributed as
follows:
i. The Administrator shall pay from
tender proceeds, as they become
available, all operating expenses of
PAN–PEQ, including legal, accounting
and administrative costs of establishing
and operating the TRQ System, as
authorized by the Board of Directors.
ii. Of the proceeds remaining at the
end of each year of operations after all
costs described in (i) above have been
paid—
1. Fifty percent (50%) shall be
distributed to fund export market
development, educational, scientific
and technical projects to benefit the
United States poultry industry. PAN–
PEQ shall accept proposals for the
funding of projects approved by the
Board of Directors of USAPEEC. The
Administrator shall disburse funds to
those projects approved for funding by
the PAN–PEQ Board of Directors.
2. Fifty percent (50%) shall be
distributed to fund market development,
educational, scientific and technical
projects to benefit the poultry industry
of the Republic of Panama. PAN–PEQ
shall accept proposals for funding of
projects approved by the Board of
Director of ANAVIP. The Administrator
shall disburse funds to those projects
approved for funding by the PAN–PEQ
Board of Directors.
P. Arbitration of Disputes. Any
dispute, controversy or claim arising out
of or relating to the TRQ System or the
breach thereof, including inter alia, a
Member’s qualification for distribution,
interpretation of documents, or of the
distribution itself, shall be settled by
arbitration administered by the
American Arbitration Association in
accordance with its Commercial
Arbitration Rules, and judgment on the
award rendered by the arbitrator may be
entered in any court having jurisdiction
thereof.
Q. Confidential Information. The
Administrator shall maintain as
confidential all export documentation or
other business sensitive information
submitted in connection with
application for PAN–PEQ membership,
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16:27 Apr 11, 2012
Jkt 226001
bidding in the open tender process or
requests for distribution of proceeds,
where such documents or information
has been marked ‘‘Confidential’’ by the
person making the submission. The
Administrator shall disclose such
information only to another neutral
third party, or authorized government
official of the United States or of the
Republic of Panama, and only where
necessary to ensure the effective
operation of the TRQ System or where
required by law (including appropriate
disclosure in connection with the
arbitration of a dispute).
R. Annual Reports. PAN–PEQ shall
publish an annual report including a
statement of its operating expenses and
data on the distribution of proceeds, as
reflected in the audited financial
statement of the PAN–PEQ TRQ System.
Dated: April 5, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic
Analysis.
[FR Doc. 2012–8759 Filed 4–11–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Applications and
Reports for Registration as a Tanner or
Agent
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before June 11, 2012.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Les Cockreham, (907) 271–
3021 or les.cockreham@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
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21971
I. Abstract
This request is for extension of a
current information collection.
The Marine Mammal Protection Act
exempts Alaskan natives from the
prohibitions on taking, killing, or
injuring marine mammals if the taking
is done for subsistence or for creating
and selling authentic native articles of
handicraft or clothing. The natives need
no permit, but non-natives who wish to
act as a tanner or agent for such native
products must register with NOAA and
maintain and submit certain records.
The information is necessary for law
enforcement purposes.
II. Method of Collection
Paper documentation is submitted to
meet the requirements found at 50 CFR
216.23(c).
III. Data
OMB Control Number: 0648–0179.
Form Number: None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Business or other for
profit organizations.
Estimated Number of Respondents:
53.
Estimated Time per Response: 2 hours
for an application and 2 hours for a
report.
Estimated Total Annual Burden
Hours: 106.
Estimated Total Annual Cost to
Public: $53 in recordkeeping/reporting
costs.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
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]]>Agencies
[Federal Register Volume 77, Number 71 (Thursday, April 12, 2012)]
[Notices]
[Pages 21969-21971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8759]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[Application 12-00001]
Export Trade Certificate of Review
ACTION: Notice of Application for an Export Trade Certificate of Review
from Panama Poultry Export Quota, Inc.
-----------------------------------------------------------------------
SUMMARY: The Export Trading Company Affairs (``ETCA'') unit, 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 Flynn, Director, Office of
Competition and Economic Analysis, International Trade Administration,
(202) 482-5131 (this is not a toll-free number) or email at
etca@trade.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 7021X, Washington, DC 20230, or transmitted by Email at
oetca@ita.doc.gov. 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 12-00001.'' A
summary of the application follows.
Summary of the Application
Applicant: Panama Poultry Export Quota, Inc. (``PAN-PEQ''), 1700
Pennsylvania Avenue NW., Suite 200, Washington, DC 20006.
Application No.: 12-00001.
Date Deemed Submitted: March 27, 2012.
Members (in addition to applicant): Panama Poultry Export Quota,
Inc. members include the following entities: USA Poultry & Egg Export
Council (USAPEEC''), 2300 West Park Place, Boulevard, Suite 200, Stone
Mountain, Georgia 30087, and Associacion Nacional de Avicultores de
Panama (``ANAVIP''), Calle 75, Manuel de Jesus Quijano, San Francisco,
Casa No. 61, Apartado Postal 0819-06190, Panama, Republic of Panama.
PAN-PEQ seeks a Certificate of Review to engage in the Export Trade
Activities and Methods of Operation described below in the following
Export Trade and Export Markets:
Export Trade
Products
PAN-PEQ plans to export Chicken leg quarters, (or parts of chicken
leg quarters, including legs or thighs), fresh, chilled or frozen,
seasoned or unseasoned, marinated or not
[[Page 21970]]
marinated, classifiable under HTS 0207.13.99, 0207.14.99 and
1602.32.00.
Export Markets
Chicken leg quarters for which awards will be made will be exported
to the Republic of Panama.
1. Purpose. PAN-PEQ will manage on an open tender basis the tariff-
rate quotas (TRQs) for poultry products granted by the Republic of
Panama to the United States under the terms of the Panama Trade
Promotion Agreement or any amended or successor agreement providing for
Panamanian poultry TRQs for the United States of America. PAN-PEQ also
will provide for distributions of the proceeds received from the tender
process based on exports of poultry (``the TRQ System'') to support the
operation and administration of PAN-PEQ and for the benefit of the
poultry industries in the Republic of Panama and the United States.
2. Implementation.
A. Administrator. PAN-PEQ shall contract with a neutral third party
Administrator who is not engaged in the production, sale, distribution
or export of poultry or poultry products and who shall bear
responsibility for administering the TRQ System, subject to general
supervision and oversight by the Board of Directors of PAN-PEQ.
B. Membership. PAN-PEQ's members under this certificate are the USA
Poultry and Egg Export Council (``USAPEEC'') on behalf of the U.S.
poultry industry; and the Asociaci[oacute]n Nacional de Avicultores de
Panam[aacute] (``ANAVIP'') on behalf of the Panamanian poultry
industry.
C. Open Tender Process. PAN-PEQ shall offer TRQ Certificates for
duty-free shipments of chicken leg quarters to the Republic of Panama
solely and exclusively through an open tender process with certificates
awarded to the highest bidders (``TRQ Certificates''). PAN-PEQ shall
hold tenders in accordance with tranches established in the relevant
regulations of the Republic of Panama, or in the absence of such, at
least once each year. The award of TRQ Certificates under the open
tender process shall be determined solely by the Administrator in
accordance with Section I without any participation by the Board of
Directors.
D. Persons or Entities Eligible to Bid. Any person or entity
incorporated or with a legal address in the United States of America
shall be eligible to bid in the open tender process.
E. Notice. The Administrator shall publish notice (``Notice'') of
each open tender process to be held to award TRQ Certificates in the
Journal of Commerce and, at the discretion of the Administrator, in
other publications of general circulation within the U.S. poultry
industry or in the Republic of Panama. The Notice will invite
independent bids and will specify (i) the total amount (in metric tons)
that will be allocated pursuant to the applicable tender; (ii) the
shipment period for which the TRQ Certificates will be valid; and (iii)
the date and time by which all bids must be received by the
Administrator in order to be considered (the ``Bid Date''); and (iv) a
minimum bid amount per ton, as established by the Board of Directors,
to ensure the costs of administering the auction are recovered. The
Notice normally will be published not later than 30 business days prior
to the first day of the shipment period and will specify a Bid Date
that is at least 10 business days after the date of publication of the
Notice. The Notice will specify the format for bid submissions. Bids
must be received by the Administrator not later than 5 p.m. EST on the
Bid Date.
F. Contents of Bid. The bid shall be in a format established by the
Administrator and shall state (i) the name, address, telephone and
facsimile numbers, and email address of the bidder; (ii) the quantity
of poultry bid, in metric tons or portions of metric tons; (iii) the
bid price in U.S. dollars per metric ton; and (iv) the total value of
the bid. The bid form shall contain a provision, that must be signed by
the bidder, agreeing that (i) any dispute that may arise relating to
the bidding process or to the award to TRQ Certificates shall be
settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules; and
(ii) judgment on any award rendered by the arbitrator may be entered in
any court having jurisdiction thereof.
G. Performance Security. The bidder shall submit with each bid a
performance bond, irrevocable letter of credit drawn on a U.S. bank,
cashier's check, wire transfer or equivalent security, in a form
approved and for the benefit of an account designated by the
Administrator, in the amount of $50,000 or the total value of the bid,
whichever is less. The bidder shall forfeit such performance security
if the bidder fails to pay for any TRQ Certificates awarded within five
(5) business days. The bidder may chose to apply the performance
security to the price of any successful bid, or to retain the
performance security for a subsequent open tender process. Promptly
after the close of the open tender process, the Administrator shall
return any unused or non-forfeited security to the bidder.
H. Confidentiality of Bids. The Administrator shall treat all bids
and their contents as confidential. The Administrator shall disclose
information about bids only to: (a) An external auditor retained for
purposes of auditing auction results and proceeds; (b) an authorized
neutral third party, or, (c) an authorized government official of the
United States or of the Republic of Panama, and only as necessary to
ensure the effective operation of the TRQ System.
I. However, after the issuance of all TRQ Certificates from an open
tender process, the Administrator shall notify all bidders and shall
disclose publicly (i) the total tonnage for which TRQ Certificates were
awarded, and (ii) the lowest price per metric ton of all successful
bids.
J. Award of TRQ Certificates. The Administrator shall award TRQ
Certificates for the available tonnage to the bidders who have
submitted the highest price conforming bids. If two or more bidders
have submitted bids with identical prices, the Administrator shall
divide the remaining available tonnage in proportion to the quantities
of their bids, and offer each TRQ Certificates in the resulting
tonnages. If any bidder declines all or part of the tonnage offered,
the Administrator shall offer that tonnage first to the other tying
bidders, and then to the next highest bidder.
K. Payment for TRQ Certificates. Promptly after being notified of a
TRQ award and within the time specified in the Notice, the bidder shall
pay the full amount of the bid, either by wire transfer or by certified
check, to an account designated by the Administrator. If the bidder
fails to make payment within five (5) days, the Administrator shall
revoke the award and award the tonnage to the next highest bidder(s).
L. Delivery of TRQ Certificates. The Administrator shall establish
an account for each successful bidder in the amount of tonnage
available for TRQ Certificates. Upon request, the Administrator will
issue TRQ Certificates in the tonnage designated by the bidder,
consistent with the balance in that account. The TRQ Certificate shall
state the delivery period for which it is valid.
M. Transferability. TRQ Certificates shall be freely transferable
except that (i) any TRQ Certificate holder who intends to sell,
transfer or assign any rights under that Certificate shall publish such
intention on a Web site maintained by the Administrator at least three
(3) business days prior to any sale, transfer or assignment; and (ii)
any TRQ
[[Page 21971]]
holder that sells, transfers or assigns its rights under a TRQ
Certificate shall provide the Administrator with notice and a copy of
the sale, transfer or assignment within three (3) business days.
N. Deposit of Proceeds: The Administrator shall cause all proceeds
of the open tender process to be deposited in an interest-bearing
account in a financial institution approved by the PAN-PEQ Board of
Directors.
O. Disposition of Proceeds. The proceeds of the open tender process
shall be applied and distributed as follows:
i. The Administrator shall pay from tender proceeds, as they become
available, all operating expenses of PAN-PEQ, including legal,
accounting and administrative costs of establishing and operating the
TRQ System, as authorized by the Board of Directors.
ii. Of the proceeds remaining at the end of each year of operations
after all costs described in (i) above have been paid--
1. Fifty percent (50%) shall be distributed to fund export market
development, educational, scientific and technical projects to benefit
the United States poultry industry. PAN-PEQ shall accept proposals for
the funding of projects approved by the Board of Directors of USAPEEC.
The Administrator shall disburse funds to those projects approved for
funding by the PAN-PEQ Board of Directors.
2. Fifty percent (50%) shall be distributed to fund market
development, educational, scientific and technical projects to benefit
the poultry industry of the Republic of Panama. PAN-PEQ shall accept
proposals for funding of projects approved by the Board of Director of
ANAVIP. The Administrator shall disburse funds to those projects
approved for funding by the PAN-PEQ Board of Directors.
P. Arbitration of Disputes. Any dispute, controversy or claim
arising out of or relating to the TRQ System or the breach thereof,
including inter alia, a Member's qualification for distribution,
interpretation of documents, or of the distribution itself, shall be
settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules, and
judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Q. Confidential Information. The Administrator shall maintain as
confidential all export documentation or other business sensitive
information submitted in connection with application for PAN-PEQ
membership, bidding in the open tender process or requests for
distribution of proceeds, where such documents or information has been
marked ``Confidential'' by the person making the submission. The
Administrator shall disclose such information only to another neutral
third party, or authorized government official of the United States or
of the Republic of Panama, and only where necessary to ensure the
effective operation of the TRQ System or where required by law
(including appropriate disclosure in connection with the arbitration of
a dispute).
R. Annual Reports. PAN-PEQ shall publish an annual report including
a statement of its operating expenses and data on the distribution of
proceeds, as reflected in the audited financial statement of the PAN-
PEQ TRQ System.
Dated: April 5, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2012-8759 Filed 4-11-12; 8:45 am]
BILLING CODE P
