Export Trade Certificate of Review, 53865-53867 [2012-21735]
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Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices
origin is subject to a separate order, then
the interested party must state
specifically, on an order-by-order basis,
which exporter(s) the request is
intended to cover.
Please note that, for any party the
Department was unable to locate in
prior segments, the Department will not
accept a request for an administrative
review of that party absent new
information as to the party’s location.
Moreover, if the interested party who
files a request for review is unable to
locate the producer or exporter for
which it requested the review, the
interested party must provide an
explanation of the attempts it made to
locate the producer or exporter at the
same time it files its request for review,
in order for the Secretary to determine
if the interested party’s attempts were
reasonable, pursuant to 19 CFR
351.303(f)(3)(ii).
As explained in Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003), the Department
has clarified its practice with respect to
the collection of final antidumping
duties on imports of merchandise where
intermediate firms are involved. The
public should be aware of this
clarification in determining whether to
request an administrative review of
merchandise subject to antidumping
findings and orders. See also the Import
Administration Web site at https://
ia.ita.doc.gov.
All requests must be filed
electronically in Import
Administration’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’) on the IA ACCESS Web site
at https://iaaccess.trade.gov. See
Antidumping and Countervailing Duty
Proceedings: Electronic Filing
Procedures; Administrative Protective
Order Procedures, 76 FR 39263 (July 6,
2011). Further, in accordance with 19
CFR 351.303(f)(l)(i), a copy of each
request must be served on the petitioner
and each exporter or producer specified
in the request.
The Department will publish in the
Federal Register a notice of ‘‘Initiation
of Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of September 2012. If the
Department does not receive, by the last
day of September 2012, a request for
review of entries covered by an order,
finding, or suspended investigation
listed in this notice and for the period
identified above, the Department will
instruct CBP to assess antidumping or
countervailing duties on those entries at
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53865
a rate equal to the cash deposit of (or
bond for) estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period, of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
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.
Dated: August 10, 2012.
Gary Taverman,
Senior Advisor for Antidumping and
Countervailing Duty Operations.
Description of Certified Conduct
COLOM–PEQ is certified to engage in
the Export Trade Activities and
Methods of Operation described below
in the following Export Trade and
Export Markets.
[FR Doc. 2012–21733 Filed 8–31–12; 8:45 am]
BILLING CODE 3510–DS–P
Members (Within the Meaning of 15
CFR 325.2(1)
COLOM–PEQ’s members under this
certificate are the USA Poultry and Egg
Export Council (USAPEEC) and
Federacion Nacional de Avicultores, the
Sector Representative Association
(‘‘sector gremial representativo’’) for
poultry in the Republic of Colombia.
Export Trade
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 12–00004]
Export Trade Certificate of Review
Notice of issuance of an Export
Trade Certificate of Review to Colombia
Poultry Export Quota, Inc. (‘‘COLOM–
PEQ)’’) (Application #12–00004).
ACTION:
On August 14, 2012, the U.S.
Department of Commerce issued an
Export Trade Certificate of Review to
Colombia Poultry Export Quota, Inc.
(‘‘COLOM–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. 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
SUMMARY:
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COLOM–PEQ plans to export poultry
products as described in the
Agricultural Tariff Schedule of the
Republic of Colombia, as appended to
the TPA, and including the following
Colombian HTS Codes: 0207.1300.A—
leg quarters [fresh or chilled] curators
traseros [frescos o refrigerados]);
0207.1400A—leg quarters [frozen]
(curators traseros [congelados]);
1602.3200.A—leg quarters, seasoned
and frozen (curators traseros, sazonados
y congelados).
Export Markets
Poultry products for which awards
will be made will be exported to the
Republic of Colombia.
Export Trade Activities and Methods of
Operation
With respect to the conduct of Export
Trade in the Export Markets, COLOM–
PEQ may, subject to the terms and
conditions set forth below, engage in the
following Export Trade Activities and
Methods of Operation:
1. Purpose: COLOM–PEQ will manage
on an open tender basis the tariff-rate
quotas (TRQs) for poultry 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 Colombian
TRQs for poultry from the United States
of America.
Specifically, the TRQs for poultry
products are set forth at Paragraph 6 of
Appendix I of the General Notes of
Colombia, Annex 2.3 to the TPA.
COLOM PEQ also will provide for
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distributions of the proceeds received
from the tender process based on
exports of poultry products (‘‘the TRQ
System’’) to support the operation and
administration of COLOM–PEQ and for
the benefit of the poultry industry of the
United States and the Republic of
Colombia.
2. Administrator. COLOM–PEQ shall
contract with a neutral third party
Administrator who shall bear
responsibility for administering the TRQ
System, subject to general supervision
and oversight by the Board of Directors
of COLOM–PEQ.
3. Open Tender Process. COLOM–
PEQ shall offer TRQ Certificates for
duty-free shipments of chicken leg
quarters to the Republic of Colombia
solely and exclusively through an open
tender process with certificates awarded
to the highest bidders (‘‘TRQ
Certificates’’). COLOM–PEQ shall hold
tenders in accordance with tranches at
least four times 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
COLOM–PEQ or the COLOM–PEQ
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
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 days prior
to the first day of the auction process
and will specify a Bid Date. 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.
6. Contents of Bid. The bid shall be in
a format established by the
Administrator and shall state (i) the
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name, address, telephone and facsimile
numbers, and email address of the
bidder; (ii) the quantity of poultry
products 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.
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).
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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 who 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 COLOM–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
COLOM–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 (A) above have been
paid—
(a) Fifty percent (50%) shall be
distributed to fund market access,
market promotion, educational,
scientific and technical projects to
benefit the United States poultry
industry. COLOM–PEQ shall accept
proposals for the funding of projects
approved by resolution of the Board of
Directors of USAPEEC.
(b) Fifty percent (50%) shall be
distributed by the Administrator to
FENAVI to fund market access, market
promotion, educational, capacitybuilding, competitiveness, scientific and
technical projects to benefit the poultry
industry of the Republic of Colombia.
COLOM–PEQ shall accept proposals for
the funding of projects approved by
resolution of the Board of Directors of
FENAVI.
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Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Notices
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 export documentation or
other business sensitive information
submitted in connection with
application for COLOM–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
Colombia 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)
16. Annual Reports. COLOM–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 COLOM–PEQ TRQ
System.
Terms and Conditions
In engaging in Export Trade Activities
and Methods of Operation,
1. Except as authorized in Paragraph
15 of the Export Trade Activities and
Methods of Operation, neither COLOM–
PEQ, the Administrator, any Member,
nor any neutral third party shall
intentionally disclose, directly or
indirectly, to any Member (including
parent companies, subsidiaries, or other
entities related to any Member) any
information regarding any other
Member’s or bidder’s costs, production,
capacity, inventories, domestic prices,
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A–489–805
C–489–806
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domestic sales, or U.S. business plans,
strategies, or methods, unless such
information is already generally
available to the trade or public.
2. COLOM–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.
3. COLOM–PEQ will ensure that the
Administrator holds the auctions in
accordance with tranches established in
the relevant regulations of the Republic
of Colombia, or in the absence of such,
at least once by February 15 of each
year. Failure to so hold auctions may
result in revocation of the Certificate.
SUMMARY:
Definitions
Background
‘‘Neutral third party’’, as used in this
Certificate of Review, means a party not
otherwise associated with COLOM–PEQ
or any Member and who is not engaged
in the production, sale, distribution or
export of poultry or poultry products.
‘‘TRQ System’’, as used in this
Certificate of Review, refers to
distributions of the proceeds received
from the tender process.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of
Antidumping and Countervailing Duty
Orders, 63 FR 13516 (March 20, 1998)
and 70 FR 62061 (October 28, 2005).
Guidance on methodological or
analytical issues relevant to the
Department’s conduct of Sunset
Reviews is set forth in the Department’s
Policy Bulletin 98.3—Policies Regarding
the Conduct of Five-Year (‘‘Sunset’’)
Reviews of Antidumping and
Countervailing Duty Orders: Policy
Bulletin, 63 FR 18871 (April 16, 1998),
and in Antidumping Proceedings:
Calculation of the Weighted-Average
Dumping Margin and Assessment Rate
in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR
8101 (February 14, 2012).
Dated: August 28, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic
Analysis.
[FR Doc. 2012–21735 Filed 8–31–12; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Five-Year (‘‘Sunset’’)
Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
Country
PO 00000
The
Department official identified in the
Initiation of Review section below at
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
For information from the Commission
contact Mary Messer, Office of
Investigations, U.S. International Trade
Commission at (202) 205–3193.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Initiation of Review
In accordance with 19 CFR
351.218(c), we are initiating Sunset
Reviews of the following antidumping
duty orders:
Product
Italy ...................
Italy ...................
Turkey ...............
Turkey ...............
Jkt 226001
In accordance with section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) is
automatically initiating five-year
reviews (‘‘Sunset Reviews’’) of the
antidumping duty orders listed below.
The International Trade Commission
(‘‘the Commission’’) is publishing
concurrently with this notice its notice
of Institution of Five-Year Review which
covers the same orders.
DATES: Effective Date: September 1,
2012.
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Certain
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]]>Agencies
[Federal Register Volume 77, Number 171 (Tuesday, September 4, 2012)]
[Notices]
[Pages 53865-53867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21735]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 12-00004]
Export Trade Certificate of Review
ACTION: Notice of issuance of an Export Trade Certificate of Review to
Colombia Poultry Export Quota, Inc. (``COLOM-PEQ)'') (Application
12-00004).
-----------------------------------------------------------------------
SUMMARY: On August 14, 2012, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to Colombia Poultry Export Quota,
Inc. (``COLOM-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. 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
Sec. 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
Sec. 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 CFR 325.2(1)
COLOM-PEQ's members under this certificate are the USA Poultry and
Egg Export Council (USAPEEC) and Federacion Nacional de Avicultores,
the Sector Representative Association (``sector gremial
representativo'') for poultry in the Republic of Colombia.
Description of Certified Conduct
COLOM-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
COLOM-PEQ plans to export poultry products as described in the
Agricultural Tariff Schedule of the Republic of Colombia, as appended
to the TPA, and including the following Colombian HTS Codes:
0207.1300.A--leg quarters [fresh or chilled] curators traseros [frescos
o refrigerados]); 0207.1400A--leg quarters [frozen] (curators traseros
[congelados]); 1602.3200.A--leg quarters, seasoned and frozen (curators
traseros, sazonados y congelados).
Export Markets
Poultry products for which awards will be made will be exported to
the Republic of Colombia.
Export Trade Activities and Methods of Operation
With respect to the conduct of Export Trade in the Export Markets,
COLOM-PEQ may, subject to the terms and conditions set forth below,
engage in the following Export Trade Activities and Methods of
Operation:
1. Purpose: COLOM-PEQ will manage on an open tender basis the
tariff-rate quotas (TRQs) for poultry 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 Colombian TRQs for poultry
from the United States of America.
Specifically, the TRQs for poultry products are set forth at
Paragraph 6 of Appendix I of the General Notes of Colombia, Annex 2.3
to the TPA. COLOM PEQ also will provide for
[[Page 53866]]
distributions of the proceeds received from the tender process based on
exports of poultry products (``the TRQ System'') to support the
operation and administration of COLOM-PEQ and for the benefit of the
poultry industry of the United States and the Republic of Colombia.
2. Administrator. COLOM-PEQ shall contract with a neutral third
party Administrator who shall bear responsibility for administering the
TRQ System, subject to general supervision and oversight by the Board
of Directors of COLOM-PEQ.
3. Open Tender Process. COLOM-PEQ shall offer TRQ Certificates for
duty-free shipments of chicken leg quarters to the Republic of Colombia
solely and exclusively through an open tender process with certificates
awarded to the highest bidders (``TRQ Certificates''). COLOM-PEQ shall
hold tenders in accordance with tranches at least four times 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 COLOM-PEQ or
the COLOM-PEQ 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 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 days prior to the first day of the
auction process and will specify a Bid Date. 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.
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 products 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.
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 who 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 COLOM-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 COLOM-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 (A) above have been paid--
(a) Fifty percent (50%) shall be distributed to fund market access,
market promotion, educational, scientific and technical projects to
benefit the United States poultry industry. COLOM-PEQ shall accept
proposals for the funding of projects approved by resolution of the
Board of Directors of USAPEEC.
(b) Fifty percent (50%) shall be distributed by the Administrator
to FENAVI to fund market access, market promotion, educational,
capacity-building, competitiveness, scientific and technical projects
to benefit the poultry industry of the Republic of Colombia. COLOM-PEQ
shall accept proposals for the funding of projects approved by
resolution of the Board of Directors of FENAVI.
[[Page 53867]]
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 export documentation or other business sensitive
information submitted in connection with application for COLOM-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 Colombia 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)
16. Annual Reports. COLOM-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 COLOM-PEQ TRQ System.
Terms and Conditions
In engaging in Export Trade Activities and Methods of Operation,
1. Except as authorized in Paragraph 15 of the Export Trade
Activities and Methods of Operation, neither COLOM-PEQ, the
Administrator, any Member, nor any neutral third party shall
intentionally disclose, directly or indirectly, to any Member
(including parent companies, subsidiaries, or other entities related to
any Member) any information regarding any other Member's or bidder's
costs, production, capacity, inventories, domestic prices, domestic
sales, or U.S. business plans, strategies, or methods, unless such
information is already generally available to the trade or public.
2. COLOM-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.
3. COLOM-PEQ will ensure that the Administrator holds the auctions
in accordance with tranches established in the relevant regulations of
the Republic of Colombia, or in the absence of such, at least once by
February 15 of each year. Failure to so hold auctions may result in
revocation of the Certificate.
Definitions
``Neutral third party'', as used in this Certificate of Review,
means a party not otherwise associated with COLOM-PEQ or any Member and
who is not engaged in the production, sale, distribution or export of
poultry or poultry products.
``TRQ System'', as used in this Certificate of Review, refers to
distributions of the proceeds received from the tender process.
Dated: August 28, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2012-21735 Filed 8-31-12; 8:45 am]
BILLING CODE 3510-DR-P
