Export Trade Certificate of Review, 37871-37873 [2012-15388]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
erowe on DSK2VPTVN1PROD with NOTICES
Commission (FCC), and other
stakeholders to develop and advance
economic and regulatory policies that
foster broadband deployment and
adoption. Collecting current, systematic,
and comprehensive information on
broadband use and non-use by U.S.
households is critical to allow
policymakers not only to gauge progress
made to date, but also to identify
problem areas with a specificity that
permits carefully targeted and costeffective responses.
The Census Bureau (‘‘the Bureau’’) is
widely regarded as a superior collector
of data based on its centuries of
experience and its scientific methods.
Collection of NTIA’s requested
broadband usage data will occur in
conjunction with the Bureau’s
scheduled October 2012 Current
Population Survey (CPS), thereby
significantly reducing the potential
burden on surveyed households.
Questions on broadband and Internet
use have been included in ten previous
CPS surveys.
The modification the October CPS to
include NTIA’s requested broadband
data will allow the Commerce
Department and NTIA to respond to
congressional concerns and directives.
Affected Public: Individuals or
households.
Frequency: Once.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Nicholas Fraser,
(202) 395–5887.
Copies of the above information
collection proposal can be obtained by
calling or writing Jennifer Jessup,
Departmental Paperwork Clearance
Officer, (202) 482–0336, Department of
Commerce, Room 6612, 14th Street and
Constitution Avenue NW., Washington,
DC 20230 (or via the Internet at
JJessup@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Nicholas Fraser, OMB Desk
Officer, via the Internet at
Nicholas_A._Fraser@omb.eop.gov, or by
Fax at (202) 395–7285.
Dated: June 19, 2012.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2012–15382 Filed 6–22–12; 8:45 am]
BILLING CODE 3510–06–P
VerDate Mar<15>2010
14:55 Jun 22, 2012
Jkt 226001
DEPARTMENT OF COMMERCE
International Trade Administration
[Application 12–00005]
Export Trade Certificate of Review
Notice of Application for an
Export Trade Certificate of Review from
Colombia Rice 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 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 Email at
etca@trade.gov.
SUMMARY:
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.
SUPPLEMENTARY INFORMATION:
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
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
37871
Administration, U.S. Department of
Commerce, Room 7021X, Washington,
DC 20230, or transmitted by Email 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 12–
00005.’’ A summary of the application
follows.
Summary of the Application
Applicant: Colombia Rice Export
Quota, Inc. (‘‘COLOM–RICE’’),
1700 Pennsylvania Avenue NW.,
Suite 200, Washington, DC 20006.
Application No.: 12–00005.
Date Deemed Submitted: June 5, 2012.
Members (in Addition to Applicant)
Arkansas Rice Research and
Promotion Board, P.O. Box 31, Little
Rock, AR 72203–0031; California Rice
Research Board, P.O. Box 507, Yuba
City, CA 95992; Louisiana Rice Research
Board, 1373 Caffey Road, Rayne, LA
70578; Mississippi Rice Promotion
Board, 2538 Crosby Road, Marigold, MS
38759; Missouri Rice Research and
Merchandising Council, P.O. Box 77,
Malden, MO 63863; Texas Rice
Producers’ Board, 301 W. Webb, El
Campo, TX 77434; USA Rice,
Merchants’ Association, 2101 Wilson
Boulevard, Arlington, VA 22201–3040;
USA Rice Millers’ Association, 2101
Wilson Boulevard, Arlington, VA
´
22201–3040; and Federacion Nacional
de Arroceros de Colombia
(FEDEARROZ) Carrera 100 No. 25H—
´
25, Bogota—Colombia.
COLOM–RICE seeks a Certificate to
engage in the Export Trade Activities
and Methods of Operation described
below in the following Export Trade and
Export Markets.
Export Trade
Products
Rice classifiable for customs purposes
under HTS Codes 1006.1090, 1006.2000,
1006.3000 and 1006.4000. The rice
products as described in the
Agricultural Tariff Schedule of the
Republic of Colombia, as appended to
the U.S.-Colombia Trade Promotion
Agreement (‘‘TPA’’), signed into law by
the President on October 12, 2011, and
including the following Colombian HTS
Codes: 1006.1090—rice in hull, except
for seed (arroz con cascara, excepto
para siembra); 1006.2000—hulled rice—
E:\FR\FM\25JNN1.SGM
25JNN1
37872
Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
rough rice or brown rice (arroz
descascarillado, arroz cargo o arroz
pardo); 1006.3000—rice semi-milled or
milled, whether polished or glazed
(arroz semiblanqueado o blanqueado,
incluso pulido oglaseado); 1006.4000—
broken rice (arroz partido).
erowe on DSK2VPTVN1PROD with NOTICES
Export Markets
Rice for which tariff-rate quotas
(‘‘TRQs’’) awards will be made will be
exported to the Republic of Colombia.
Export Trade Activities and Methods of
Operation
1. Purpose.
Colombia Rice Export Quota, Inc.
(‘‘COL–RICE’’) will manage on an open
tender basis the TRQs for rice products
granted by the Republic of Colombia to
the United States under the terms of the
TPA, or any amended or successor
agreement providing for Colombia TRQs
for rice from the United States of
America. Specifically, the TRQs for rice
products are set forth at Paragraph 20 of
Appendix I of the General Notes of
Colombia, Annex 2.3 to the TPA. COL–
RICE also will provide for distributions
of the proceeds received from the tender
process based on exports of rice (‘‘the
TRQ System’’) to support the operation
and administration of COL–RICE and to
fund research projects for the benefit of
the rice industry of the United States
and to fund market development and/or
competitiveness projects for the benefit
of the rice production sector of the
Republic of Colombia, as established by
paragraph 6 of Article 5 of Decree No.
0728 of 2012, issued by the Ministry of
Agriculture and Rural Development of
Colombia.
2. Implementation.
A. Administrator. COL–RICE shall
contract with a neutral third party
Administrator (i.e., a party who is not
engaged in the production, sale,
distribution or export of rice or rice
products) who shall bear responsibility
for administering the TRQ System,
subject to general supervision and
oversight by the Board of Directors of
COL–RICE.
B. Membership. COL–RICE’s members
under this certificate are: Arkansas Rice
Research and Promotion Board;
California Rice Research Board;
Louisiana Rice Research Board;
Mississippi Rice Promotion Board;
Missouri Rice Research and
Merchandising Council; Texas Rice
Producers’ Board; USA Rice Merchants’
Association; and USA Rice Millers’
Association on behalf of the U.S. rice
´
industry; and Federacion Nacional de
Arroceros de Colombia (FEDEARROZ)
on behalf of the rice production sector
of the Republic of Colombia, as
VerDate Mar<15>2010
14:55 Jun 22, 2012
Jkt 226001
provided for in the letter of May 3, 2012,
Radicado No. 20121100031363 issued
by the Ministry of Agriculture and Rural
Development according to paragraph 5
of Article 5 of Decree No.0728 of 2012,
issued by the Ministry of Agriculture
and Rural Development of Colombia.
C. Open Tender Process. COL–RICE
shall offer TRQ Certificates for duty-free
shipments of U.S. rice to the Republic
of Colombia solely and exclusively
through an open tender process with
certificates awarded to the highest
bidders (‘‘TRQ Certificates’’). COL–RICE
shall hold tenders in accordance with
tranches at least once each year. The
award of TRQ Certificates under the
open tender process shall be determined
solely and independently by the
Administrator in accordance with
Section I without any participation by
the Members of COL–RICE or the COL–
RICE 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. rice
industry; and in a publication of general
circulation in Colombia. 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; (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 5:00 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 rice bid, in an
amount stated in metric tons, or
fractions thereof; (iii) the bid price in
U.S. dollars per metric ton; and (iv) the
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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 of 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 another
neutral third party, or authorized
government official of the United States
or of the Republic of Colombia and only
as necessary to ensure the effective
operation of the TRQ System or where
required by law. 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 average price and lowest
price per metric ton of all successful
bids.
I. 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.
E:\FR\FM\25JNN1.SGM
25JNN1
erowe on DSK2VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 122 / Monday, June 25, 2012 / Notices
J. 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).
K. 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.
L. 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
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.
M. Deposit of Proceeds: The
Administrator shall cause all proceeds
of the open tender process to be
deposited in interest-bearing accounts
in a financial institution approved by
the COL–RICE Board of Directors.
N. 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
COL–RICE, including legal, accounting
and administrative costs of establishing
and operating the TRQ System, as
authorized by the Board of Directors.
ii. The legal, accounting and
administrative expenses of the USA
Rice Federation, the US Rice Producers
Association, and FEDEARROZ directly
related to establishing COL-RICE, shall
be reimbursed from the proceeds of the
COL-RICE as they become available and
subject to the review of the Board.
iii. Of the proceeds remaining at the
end of each year of operations and after
all costs described in (i) and (ii) above
have been paid—1. In years one (1)
through ten (10), fifty percent (50%)
shall be distributed to each of the six (6)
state chartered rice research boards
named as members above on a pro rata
VerDate Mar<15>2010
14:55 Jun 22, 2012
Jkt 226001
basis, that share being each state’s pro
rata share of the average of the
immediately preceding three (3) years
U.S. rice production, to fund rice
research projects as defined by each of
the six (6) state chartered research
boards to benefit the United States rice
industry. The funds are to be used for
direct research projects and not to be
used for general administrative
purposes.
2. In years eleven (11) through
eighteen (18), fifty percent (50%) shall
be distributed to each of the six (6) state
chartered rice research boards named as
members above on a pro rata basis, that
share being each state’s pro rata share of
the average of the immediately
preceding three (3) years U.S. rice
production, to fund research and
promotion projects as defined by each of
the six (6) state chartered research
boards to benefit the United States rice
industry as may be within the purview
of each board. These funds are to be
used for direct projects and are not to
be used for general administrative
purposes.
3. In all years, fifty percent (50%) of
the proceeds shall be distributed to the
Colombian Member to fund market
development and/or competitiveness
projects for the benefit of the rice
production sector of the Republic of
Colombia, as established by paragraph 6
of Article 5 of Decree No. 0728 of 2012,
issued by the Ministry of Agriculture
and Rural Development of Colombia.
O. Arbitration of Disputes. Any
dispute, controversy or claim arising out
of or relating to the TRQ System or the
breach thereof 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.
P. Confidential Information. The
Administrator shall maintain as
confidential all export documentation or
other business sensitive information
submitted in connection with
application for COL–RICE 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 Government of the United
States of America or an official of the
Government of the Republic of
Colombia; and only where necessary to
ensure the effective operation of the
TRQ System or where required by law
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
37873
(including appropriate disclosure in
connection with the arbitration of a
dispute).
Q. Annual Reports. COL–RICE 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 COL–RICE TRQ
System. A copy of the certificate will be
kept in the International Trade
Administration’s Freedom of
Information Records Inspection Facility,
Room 4100, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
Dated: June 19, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic
Analysis.
[FR Doc. 2012–15388 Filed 6–22–12; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Initiation of Anticircumvention Inquiry
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
SGL Carbon LLC and Superior Graphite
Co. (the petitioners), the Department of
Commerce (the Department) is initiating
an anticircumvention inquiry pursuant
to section 781(c) of the Tariff Act of
1930, as amended (the Act), to
determine under the minor alterations
provision whether graphite electrodes
with diameters larger than 16 inches but
less than 18 inches are products that are
‘‘altered in form or appearance in minor
respects’’ from in-scope merchandise
such that they may be considered
subject to the antidumping duty order
on small diameter graphite electrodes
(SDGEs) from the People’s Republic of
China (PRC).1
In addition, in response to a request
from the petitioners, the Department is
also initiating an anticircumvention
inquiry pursuant to section 781(d) of the
Act to determine whether graphite
electrodes with diameters larger than 16
inches but less than 18 inches may be
considered subject to the SDGE Order
under the later-developed merchandise
provision.
AGENCY:
1 See Antidumping Duty Order: Small Diameter
Graphite Electrodes from the People’s Republic of
China, 74 FR 8775 (February 26, 2009) (SDGE
Order).
E:\FR\FM\25JNN1.SGM
25JNN1
]]>Agencies
[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Notices]
[Pages 37871-37873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15388]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[Application 12-00005]
Export Trade Certificate of Review
ACTION: Notice of Application for an Export Trade Certificate of Review
from Colombia Rice 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 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
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
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 12-00005.'' A
summary of the application follows.
Summary of the Application
Applicant: Colombia Rice Export Quota, Inc. (``COLOM-RICE''),
1700 Pennsylvania Avenue NW., Suite 200, Washington, DC 20006.
Application No.: 12-00005.
Date Deemed Submitted: June 5, 2012.
Members (in Addition to Applicant)
Arkansas Rice Research and Promotion Board, P.O. Box 31, Little
Rock, AR 72203-0031; California Rice Research Board, P.O. Box 507, Yuba
City, CA 95992; Louisiana Rice Research Board, 1373 Caffey Road, Rayne,
LA 70578; Mississippi Rice Promotion Board, 2538 Crosby Road, Marigold,
MS 38759; Missouri Rice Research and Merchandising Council, P.O. Box
77, Malden, MO 63863; Texas Rice Producers' Board, 301 W. Webb, El
Campo, TX 77434; USA Rice, Merchants' Association, 2101 Wilson
Boulevard, Arlington, VA 22201-3040; USA Rice Millers' Association,
2101 Wilson Boulevard, Arlington, VA 22201-3040; and Federaci[oacute]n
Nacional de Arroceros de Colombia (FEDEARROZ) Carrera 100 No. 25H--25,
Bogot[aacute]--Colombia.
COLOM-RICE seeks a Certificate to engage in the Export Trade
Activities and Methods of Operation described below in the following
Export Trade and Export Markets.
Export Trade
Products
Rice classifiable for customs purposes under HTS Codes 1006.1090,
1006.2000, 1006.3000 and 1006.4000. The rice products as described in
the Agricultural Tariff Schedule of the Republic of Colombia, as
appended to the U.S.-Colombia Trade Promotion Agreement (``TPA''),
signed into law by the President on October 12, 2011, and including the
following Colombian HTS Codes: 1006.1090--rice in hull, except for seed
(arroz con cascara, excepto para siembra); 1006.2000--hulled rice--
[[Page 37872]]
rough rice or brown rice (arroz descascarillado, arroz cargo o arroz
pardo); 1006.3000--rice semi-milled or milled, whether polished or
glazed (arroz semiblanqueado o blanqueado, incluso pulido oglaseado);
1006.4000--broken rice (arroz partido).
Export Markets
Rice for which tariff-rate quotas (``TRQs'') awards will be made
will be exported to the Republic of Colombia.
Export Trade Activities and Methods of Operation
1. Purpose.
Colombia Rice Export Quota, Inc. (``COL-RICE'') will manage on an
open tender basis the TRQs for rice products granted by the Republic of
Colombia to the United States under the terms of the TPA, or any
amended or successor agreement providing for Colombia TRQs for rice
from the United States of America. Specifically, the TRQs for rice
products are set forth at Paragraph 20 of Appendix I of the General
Notes of Colombia, Annex 2.3 to the TPA. COL-RICE also will provide for
distributions of the proceeds received from the tender process based on
exports of rice (``the TRQ System'') to support the operation and
administration of COL-RICE and to fund research projects for the
benefit of the rice industry of the United States and to fund market
development and/or competitiveness projects for the benefit of the rice
production sector of the Republic of Colombia, as established by
paragraph 6 of Article 5 of Decree No. 0728 of 2012, issued by the
Ministry of Agriculture and Rural Development of Colombia.
2. Implementation.
A. Administrator. COL-RICE shall contract with a neutral third
party Administrator (i.e., a party who is not engaged in the
production, sale, distribution or export of rice or rice products) who
shall bear responsibility for administering the TRQ System, subject to
general supervision and oversight by the Board of Directors of COL-
RICE.
B. Membership. COL-RICE's members under this certificate are:
Arkansas Rice Research and Promotion Board; California Rice Research
Board; Louisiana Rice Research Board; Mississippi Rice Promotion Board;
Missouri Rice Research and Merchandising Council; Texas Rice Producers'
Board; USA Rice Merchants' Association; and USA Rice Millers'
Association on behalf of the U.S. rice industry; and Federaci[oacute]n
Nacional de Arroceros de Colombia (FEDEARROZ) on behalf of the rice
production sector of the Republic of Colombia, as provided for in the
letter of May 3, 2012, Radicado No. 20121100031363 issued by the
Ministry of Agriculture and Rural Development according to paragraph 5
of Article 5 of Decree No.0728 of 2012, issued by the Ministry of
Agriculture and Rural Development of Colombia.
C. Open Tender Process. COL-RICE shall offer TRQ Certificates for
duty-free shipments of U.S. rice to the Republic of Colombia solely and
exclusively through an open tender process with certificates awarded to
the highest bidders (``TRQ Certificates''). COL-RICE shall hold tenders
in accordance with tranches at least once each year. The award of TRQ
Certificates under the open tender process shall be determined solely
and independently by the Administrator in accordance with Section I
without any participation by the Members of COL-RICE or the COL-RICE
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. rice
industry; and in a publication of general circulation in Colombia. 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; (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 5:00 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 rice bid, in an amount stated in metric tons, or fractions thereof;
(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 of 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 another neutral third party, or
authorized government official of the United States or of the Republic
of Colombia and only as necessary to ensure the effective operation of
the TRQ System or where required by law. 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 average
price and lowest price per metric ton of all successful bids.
I. 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.
[[Page 37873]]
J. 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).
K. 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.
L. 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 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.
M. Deposit of Proceeds: The Administrator shall cause all proceeds
of the open tender process to be deposited in interest-bearing accounts
in a financial institution approved by the COL-RICE Board of Directors.
N. 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 COL-RICE, including legal,
accounting and administrative costs of establishing and operating the
TRQ System, as authorized by the Board of Directors.
ii. The legal, accounting and administrative expenses of the USA
Rice Federation, the US Rice Producers Association, and FEDEARROZ
directly related to establishing COL-RICE, shall be reimbursed from the
proceeds of the COL-RICE as they become available and subject to the
review of the Board.
iii. Of the proceeds remaining at the end of each year of
operations and after all costs described in (i) and (ii) above have
been paid--1. In years one (1) through ten (10), fifty percent (50%)
shall be distributed to each of the six (6) state chartered rice
research boards named as members above on a pro rata basis, that share
being each state's pro rata share of the average of the immediately
preceding three (3) years U.S. rice production, to fund rice research
projects as defined by each of the six (6) state chartered research
boards to benefit the United States rice industry. The funds are to be
used for direct research projects and not to be used for general
administrative purposes.
2. In years eleven (11) through eighteen (18), fifty percent (50%)
shall be distributed to each of the six (6) state chartered rice
research boards named as members above on a pro rata basis, that share
being each state's pro rata share of the average of the immediately
preceding three (3) years U.S. rice production, to fund research and
promotion projects as defined by each of the six (6) state chartered
research boards to benefit the United States rice industry as may be
within the purview of each board. These funds are to be used for direct
projects and are not to be used for general administrative purposes.
3. In all years, fifty percent (50%) of the proceeds shall be
distributed to the Colombian Member to fund market development and/or
competitiveness projects for the benefit of the rice production sector
of the Republic of Colombia, as established by paragraph 6 of Article 5
of Decree No. 0728 of 2012, issued by the Ministry of Agriculture and
Rural Development of Colombia.
O. Arbitration of Disputes. Any dispute, controversy or claim
arising out of or relating to the TRQ System or the breach thereof
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.
P. Confidential Information. The Administrator shall maintain as
confidential all export documentation or other business sensitive
information submitted in connection with application for COL-RICE
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 Government of the
United States of America or an official of the Government of the
Republic of Colombia; 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).
Q. Annual Reports. COL-RICE 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 COL-RICE TRQ System. A copy of the certificate will be
kept in the International Trade Administration's Freedom of Information
Records Inspection Facility, Room 4100, U.S. Department of Commerce,
14th Street and Constitution Avenue NW., Washington, DC 20230.
Dated: June 19, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2012-15388 Filed 6-22-12; 8:45 am]
BILLING CODE P
