Export Trade Certificate of Review, 41970-41972 [2012-17301]
Download as PDF
<![CDATA[
41970
Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Notices
party requested a review. On June 27,
2012, Suruga timely withdrew its
request for a review of the Order with
respect to Misumi. See Letter from
Suruga to the Secretary, ‘‘Stainless Steel
Bar—Withdrawal of Request for
Administrative Review,’’ dated June 27,
2012.
Rescission of Review
In accordance with 19 CFR
351.213(d)(1), the Department will
rescind an administrative review, ‘‘in
whole or in part, if a party that
requested a review withdraws the
request within 90 days of the date of
publication of notice of initiation of the
requested review.’’ As explained above,
Suruga withdrew its request for a review
of the Order with respect to Misumi
within the 90-day period articulated in
19 CFR 351.213(d)(1). Therefore,
because we received no other requests
for review of this company and Suruga
withdrew its request within the time
limit provided in the regulation, we are
rescinding the administrative review of
the Order with respect to Misumi in
accordance with 19 CFR 351.213(d)(1).
tkelley on DSK3SPTVN1PROD with NOTICES
Assessment Rates
The Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to assess antidumping duties on all
appropriate entries. For Misumi,
antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption, during the
period February 1, 2010, through
January 31, 2011, in accordance with 19
CFR 351.212(c)(2). The Department
intends to issue appropriate assessment
instructions to CBP within 15 days after
publication of this notice.
Notifications
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
VerDate Mar<15>2010
16:53 Jul 16, 2012
Jkt 226001
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 violation which is subject to
sanction.
This notice is published in
accordance with sections 751(a)(1) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: July 11, 2012.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2012–17371 Filed 7–16–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 12–00001]
Export Trade Certificate of Review
Members (Within the Meaning of 15 CF.
325.2(1))
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.
Description of Certified Conduct
PAN–PEQ is certified to engage in the
Export Trade Activities and Methods of
Operation described below in the
following Export Trade and Export
Markets.
Export Trade
Chicken leg quarters (or parts of
chicken leg quarters, including legs or
thighs), fresh, chilled or frozen seasoned
or unseasoned, marinated or not
marinated, classifiable under HTS
0207.13.99, 0207.14.99 and 1602.32.00.
Notice of issuance of an Export
Trade Certificate of Review to Panama
Poultry Export Quota, Inc. (‘‘PAN–
PEQ’’) (Application #12–00001).
Export Markets
Chicken leg quarters for which awards
will be made will be exported to the
Republic of Panama.
On June 25, 2012, the U.S.
Department of Commerce issued an
Export Trade Certificate of Review to
Panama Poultry Export Quota, Inc.
(‘‘PAN–PEQ’’). 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 email at
etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Export Trading Company Act of
1982 (15 U.S.C. Sections 4001–21)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. The regulations implementing
Title III are found at 15 CFR part 325
(2010). The U.S. Department of
Commerce, International Trade
Administration, 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
issuance in the Federal Register. Under
Section 305(a) of the Export Trading
Company Act (15 U.S.C. 4012(b)(1)) 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.
Export Trade Activities and Methods of
Operation
With respect to the conduct of Export
Trade in the Export Markets, PAN–PEQ
may, subject to the terms and conditions
set forth below, engage in the following
Export Trade Activities and Methods of
Operation:
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
United States-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 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. 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.
3. 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
ACTION:
SUMMARY:
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
E:\FR\FM\17JYN1.SGM
17JYN1
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Notices
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
Paragraphs 1 and 8 of the Export Trade
Activities and Methods of Operation
without any participation by the Board
of Directors.
4. 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.
5. 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.
6. 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
VerDate Mar<15>2010
16:53 Jul 16, 2012
Jkt 226001
any award rendered by the arbitrator
may be entered in any court having
jurisdiction thereof.
7. 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.
8. 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.
9. 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).
10. 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.
11. 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
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
41971
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.
12. 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.
13. Disposition of Proceeds. The
proceeds of the open tender process
shall be applied and distributed as
follows:
A. 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.
B. Of the proceeds remaining at the
end of each year of operations after all
costs described in (i) above have been
paid.
(a) 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.
(b) 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
Directors of ANAVIP. The
Administrator shall disburse funds to
those projects approved for funding by
the PAN–PEQ Board of Directors.
14. 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.
15. Confidential Information. The
Administrator shall maintain as
confidential all bids, their contents,
E:\FR\FM\17JYN1.SGM
17JYN1
41972
Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Notices
tkelley on DSK3SPTVN1PROD with NOTICES
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 any such
information 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 or where required by law
(including appropriate disclosure in
connection with the arbitration of a
dispute). 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.
16. 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.
Terms and Conditions
In engaging in Export Trade Activities
and Methods of Operation,
1. ‘‘PAN–PEQ’’ will not intentionally
disclose, directly or indirectly, to any
Supplier any information about any
other Supplier’s costs, production,
capacity, inventories, domestic prices,
domestic sales, or U.S. business plans,
strategies, or methods that is not already
generally available to the trade or
public.
2. ‘‘PAN–PEQ’’ will ensure that the
Administrator holds the auctions 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. Failure to so hold
auctions may result in revocation of the
Certificate.
3. ‘‘PAN–PEQ’’ will comply with
requests made by the Secretary of
Commerce on behalf of the Secretary or
the Attorney General for information or
documents relevant to conduct under
the Certificate. The Secretary of
Commerce will request such
information or documents when either
the Attorney General or the Secretary of
Commerce believes that the information
or documents are required to determine
that the Export Trade, Export Trade
Activities and Methods of Operation of
VerDate Mar<15>2010
16:53 Jul 16, 2012
Jkt 226001
a person protected by this Certificate of
Review continue to comply with the
standards of section 303(a) of the Act.
Definitions
‘‘Neutral third party’’, as used in this
Certificate of Review, means (a) the
Administrator; and (b) any other party
that is not otherwise associated with
PAN–PEQ or any Member and that is
not engaged in the production,
distribution, or sale of chicken leg
quarters.
‘‘TRQ System’’, as used in this
Certificate of Review, refers to the
conduct of the tender for the product
being exported (chicken leg quarters)
under the tariff rate quota as agreed to
in the United States-Panama Trade
Promotion Agreement, and the
distributions of the proceeds received
from the tender process.
Dated: July 11, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic
Analysis.
[FR Doc. 2012–17301 Filed 7–16–12; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
North Pacific Fishery Management
Council (NPFMC); Public Meeting
scoping period for the Steller Sea Lion
Protection Measures EIS (77 FR 22750,
April 17, 2012). Information on EIS
development, potential alternatives, and
issues for analysis may be discussed.
The public is encouraged to attend in
this meeting, however, comments
specific to the EIS should be submitted
in writing to NMFS before the close of
the scoping period on October 15, 2012.
More information on the EIS scoping
process and instructions for submitting
written public comments are available
on the NMFS Alaska Region Web site at
https://alaskafisheries.noaa.gov/
sustainablefisheries/sslpm/eis/
default.htm.
Additional information is posted on
the Council Web site: https://
www.alaskafisheries.noaa.gov/npfmc/.
The meeting will be webcast to allow
the public to watch and hear
presentations. Comments will not be
accepted via webcast or teleconference.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Gail
Bendixen, (907) 271–2809, at least 5
working days prior to the meeting date.
Dated: July 11, 2012.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–17307 Filed 7–16–12; 8:45 am]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public committee
meeting.
AGENCY:
The North Pacific Fishery
Management Council’s (Council) Steller
Sea Lion Mitigation Committee
(SSLMC) will meet in Seattle, WA.
DATES: The meeting will be held on July
30–31, 2012, from 9 a.m. to 5 p.m.
Pacific time.
ADDRESSES: The meeting will be held at
the Alaska Fishery Science Center, 7600
Sand Point Way NE., Seattle, WA.
Council address: North Pacific
Fishery Management Council, 605 W.
4th Ave., Suite 306, Anchorage, AK
99501–2252.
FOR FURTHER INFORMATION CONTACT:
Steve MacLean, NPFMC, telephone:
(907) 271–2809.
SUPPLEMENTARY INFORMATION: Foreign
nationals wishing to attend this meeting
in person should contact the Council as
soon as possible to expedite security
clearance at the AFSC facility. This
public meeting will occur during the
SUMMARY:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
BILLING CODE 3510–22–P
COMMISSION OF FINE ARTS
Notice of Meeting
The next meeting of the U.S.
Commission of Fine Arts is scheduled
for 19 July 2012, at 9:00 a.m. in the
Commission offices at the National
Building Museum, Suite 312, Judiciary
Square, 401 F Street NW., Washington
DC 20001–2728. Items of discussion
may include buildings, parks, and
memorials.
Draft agendas and additional
information regarding the Commission
are available on our Web site:
www.cfa.gov. Inquiries regarding the
agenda and requests to submit written
or oral statements should be addressed
to Thomas Luebke, Secretary, U.S.
Commission of Fine Arts, at the above
address; by emailing staff@cfa.gov; or by
calling 202–504–2200. Individuals
requiring sign language interpretation
for the hearing impaired should contact
the Secretary at least 10 days before the
meeting date.
E:\FR\FM\17JYN1.SGM
17JYN1
]]>Agencies
[Federal Register Volume 77, Number 137 (Tuesday, July 17, 2012)]
[Notices]
[Pages 41970-41972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17301]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 12-00001]
Export Trade Certificate of Review
ACTION: Notice of issuance of an Export Trade Certificate of Review to
Panama Poultry Export Quota, Inc. (``PAN-PEQ'') (Application
12-00001).
-----------------------------------------------------------------------
SUMMARY: On June 25, 2012, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to Panama Poultry Export Quota, Inc.
(``PAN-PEQ''). 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
email at etca@trade.gov.
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of
Commerce to issue Export Trade Certificates of Review. The regulations
implementing Title III are found at 15 CFR part 325 (2010). The U.S.
Department of Commerce, International Trade Administration, 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 issuance in the Federal Register. Under
Section 305(a) of the Export Trading Company Act (15 U.S.C. 4012(b)(1))
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.
Members (Within the Meaning of 15 CF. 325.2(1))
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.
Description of Certified Conduct
PAN-PEQ is certified to engage in the Export Trade Activities and
Methods of Operation described below in the following Export Trade and
Export Markets.
Export Trade
Chicken leg quarters (or parts of chicken leg quarters, including
legs or thighs), fresh, chilled or frozen seasoned or unseasoned,
marinated or not 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.
Export Trade Activities and Methods of Operation
With respect to the conduct of Export Trade in the Export Markets,
PAN-PEQ may, subject to the terms and conditions set forth below,
engage in the following Export Trade Activities and Methods of
Operation:
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 United States-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 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. 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.
3. 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
[[Page 41971]]
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 Paragraphs 1 and 8 of the
Export Trade Activities and Methods of Operation without any
participation by the Board of Directors.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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).
10. 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.
11. 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.
12. 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.
13. Disposition of Proceeds. The proceeds of the open tender
process shall be applied and distributed as follows:
A. 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.
B. Of the proceeds remaining at the end of each year of operations
after all costs described in (i) above have been paid.
(a) 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.
(b) 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 Directors of
ANAVIP. The Administrator shall disburse funds to those projects
approved for funding by the PAN-PEQ Board of Directors.
14. 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.
15. Confidential Information. The Administrator shall maintain as
confidential all bids, their contents,
[[Page 41972]]
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 any such
information 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 or where required by law
(including appropriate disclosure in connection with the arbitration of
a dispute). 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.
16. 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.
Terms and Conditions
In engaging in Export Trade Activities and Methods of Operation,
1. ``PAN-PEQ'' will not intentionally disclose, directly or
indirectly, to any Supplier any information about any other Supplier's
costs, production, capacity, inventories, domestic prices, domestic
sales, or U.S. business plans, strategies, or methods that is not
already generally available to the trade or public.
2. ``PAN-PEQ'' will ensure that the Administrator holds the
auctions 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. Failure to so hold auctions may result in
revocation of the Certificate.
3. ``PAN-PEQ'' will comply with requests made by the Secretary of
Commerce on behalf of the Secretary or the Attorney General for
information or documents relevant to conduct under the Certificate. The
Secretary of Commerce will request such information or documents when
either the Attorney General or the Secretary of Commerce believes that
the information or documents are required to determine that the Export
Trade, Export Trade Activities and Methods of Operation of a person
protected by this Certificate of Review continue to comply with the
standards of section 303(a) of the Act.
Definitions
``Neutral third party'', as used in this Certificate of Review,
means (a) the Administrator; and (b) any other party that is not
otherwise associated with PAN-PEQ or any Member and that is not engaged
in the production, distribution, or sale of chicken leg quarters.
``TRQ System'', as used in this Certificate of Review, refers to
the conduct of the tender for the product being exported (chicken leg
quarters) under the tariff rate quota as agreed to in the United
States-Panama Trade Promotion Agreement, and the distributions of the
proceeds received from the tender process.
Dated: July 11, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2012-17301 Filed 7-16-12; 8:45 am]
BILLING CODE 3510-DR-P
