Export Trade Certificate of Review, 58809-58811 [2012-23456]
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Federal Register / Vol. 77, No. 185 / Monday, September 24, 2012 / Notices
these petitions are submitted is 11.313,
Trade Adjustment Assistance for Firms.
Dated: September 7, 2012.
Miriam Kearse,
Eligibility Examiner.
[FR Doc. 2012–23466 Filed 9–21–12; 8:45 am]
Missouri Rice Research and
Merchandising Council, the Texas Rice
Producers’ Board, the USA Rice
Merchants’ Association, the USA Rice
´
Millers’ Association, and, Federacion
Nacional de Arroceros de Colombia
(FEDEARROZ).
BILLING CODE 3510–WH–P
Description of Certified Conduct
COL–RICE is certified to engage in the
Export Trade Activities and Methods of
Operation described below in the
following Export Trade and Export
Markets.
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 12–00005]
Export Trade Certificate of Review
Notice of issuance of an Export
Trade Certificate of Review to Colombia
Rice Export Quota, Inc. (‘‘COL–RICE’’)
(Application #12–00005).
ACTION:
On August 28, 2012, the U.S.
Department of Commerce issued an
Export Trade Certificate of Review to
Colombia Rice Export Quota, Inc.
(‘‘COL–RICE’’). 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.
TKELLEY on DSK3SPTVN1PROD with NOTICES
SUMMARY:
Members (Within the Meaning of 15
CFR 325.2(l)
COL–RICE’s members under this
certificate are: the Arkansas Rice
Research and Promotion Board, the
California Rice Research Board, the
Louisiana Rice Research Board, the
Mississippi Rice Promotion Board, the
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18:54 Sep 21, 2012
Jkt 226001
Export Trade
COL–RICE plans to export rice
products as described in the
Agricultural Tariff Schedule of the
Republic of Colombia, as appended to
the United States—Colombia Trade
Promotion Agreement (TPA), and
including the following Colombian HTS
Codes: 1006.1090—rice in hull, except
for seed (arroz con cascara, except para
siembra); 1006.2000—hulled rice, 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 o glaseado); 1006.4000—
broken rice (arroz partido).
Export Market
The Republic of Colombia.
Export Trade Activities and Methods of
Operation
With respect to the conduct of Export
Trade in the Export Market, COL–RICE
may, subject to the terms and conditions
set forth below, engage in the following
Export Trade Activities and Methods of
Operation:
1. Purpose: COL–RICE will manage on
an open tender basis the tariff-rate
quotas (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 Colombian
TRQs for rice from the United States.
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
products 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.
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58809
0728 of 2012, issued by the Ministry of
Agriculture and Rural Development of
Colombia.
2. Administrator. COL–RICE shall
contract with a neutral third party
Administrator who shall administer the
TRQ System, subject to general
supervision and oversight by the Board
of Directors of COL–RICE.
3. Open Tender Process. COL–RICE
shall offer TRQ Certificates for duty-free
shipments of rice to the Republic of
Colombia solely and exclusively
through an open tender process with
certificates (‘‘TRQ Certificates’’)
awarded to the highest bidders. COL–
RICE shall hold tenders in accordance
with established 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
without any participation by the
members of COL–RICE or the COL–RICE
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. rice
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 calendar days prior to the first
day of the auction process and will
specify the Bid Date. 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 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
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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 of being
notified of a TRQ award. The bidder
may choose to apply the performance
security to the price of any successful
bid. Promptly after the close of the open
tender process, the Administrator shall
return any unused or non-forfeited
security to the bidder.
8. 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.
9. 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.
10. Payment for TRQ Certificates.
Promptly after being notified of a TRQ
award and within the time specified in
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18:54 Sep 21, 2012
Jkt 226001
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).
11. 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.
12. Transferability. TRQ Certificates
shall be freely transferable except that
(i) any TRQ Certificate holder that
intends to sell, transfer or assign any
rights under that Certificate shall
publish such intention on an internet
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.
13. 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 COL–RICE Board of Directors.
14. 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 U.S. Rice Producers
´
Association, and Federacion Nacional
de Arroceros de Colombia
(FEDEARROZ) directly related to
establishing COL–RICE shall be
reimbursed from the proceeds of COL–
RICE as such proceeds become
available, subject to review by the COL–
RICE Board.
iii. Of the proceeds remaining at the
end of each year of operations after all
costs described in (i) and (ii) have been
paid—
1. In years one (1) through ten (10),
fifty percent (50%) shall be distributed
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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. Fifty percent (50%) shall be
distributed to FEDEARROZ 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.
15. 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.
16. 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 United States or of the
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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).
17. 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 COL–RICE.
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 COL–
RICE, 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. COL–RICE 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. COL–RICE will ensure that the
Administrator holds an auction at least
once a year. Failure to so hold an
auction may result in revocation of the
certificate.
TKELLEY on DSK3SPTVN1PROD with NOTICES
Definitions
‘‘Neutral third party’’, as used in this
Certificate of Review, means a party not
otherwise associated with COL–RICE or
any Member and who is not engaged in
the production, sale, distribution or
export of rice products.
Date: September 18, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic
Analysis.
[FR Doc. 2012–23456 Filed 9–21–12; 8:45 am]
BILLING CODE 3510–DR–P
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DEPARTMENT OF COMMERCE
International Trade Administration
Advisory Committee on Supply Chain
Competitiveness Meeting
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice announces a
public meeting of the Advisory
Committee on Supply Chain
Competitiveness (Committee). The
Committee provides advice to the
Secretary of Commerce.
DATES: The meeting will be held on
October 19, 2012, from 9:30 a.m. to 1:30
p.m., Eastern Daylight Time.
ADDRESSES: The meeting will be held at
the U.S. Department of Commerce, 1401
Constitution Avenue NW., Room 4830,
Washington, DC 20230. Public
comments may be mailed to Advisory
Committee on Supply Chain
Competitiveness, Office of Service
Industries, International Trade
Administration (ITA), 1401 Constitution
Avenue NW., Room 11014, Washington,
DC 20230, or emailed to
supplychain@trade.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Richard Boll, Designated Federal
Officer, at (202) 482–1135 or
richard.boll@trade.gov or visit the
Advisory Committee on Supply Chain
Competitiveness’ Web site at https://
ita.doc.gov/td/sif/DSCT/ACSCC/, which
is under construction.
SUPPLEMENTARY INFORMATION:
Background: The Committee provides
advice to the Secretary of Commerce on
the necessary elements of a
comprehensive, holistic national freight
infrastructure and a national freight
policy designed to support U.S. export
growth competitiveness, foster national
economic competitiveness, and improve
U.S. supply chain competitiveness in
the domestic and global economy. (See
Charter at https://ita.doc.gov/td/sif/
DSCT/ACSCC/) This Committee is
subject to the Federal Advisory
Committee Act (FACA), 5 U.S.C. App. 2.
The Committee functions solely as an
advisory body in compliance with the
FACA. For more information about the
Committee visit: https://ita.doc.gov/td/
sif/DSCT/ACSCC/.
Matters to Be Considered: This will be
the inaugural meeting of the Committee.
The Committee will discuss
organizational and administrative issues
including ethics and privacy
requirements, and select a Chairperson
for the Committee. The Committee will
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58811
consider current issues impacting the
U.S. supply chain, which include
legislative updates, transportation
issues, trade negotiations, and logistics
data, and develop its calendar for future
work. The Office of Service Industries
will post a detailed agenda on its Web
site, https://ita.doc.gov/td/sif/DSCT/
ACSCC/, prior to the meeting. The
public may provide written comments
on the meeting before or after the
meeting.
Time and Date: The meeting will be
held on October 19, 2012 from 9:30 a.m.
to 1:30 p.m., Eastern Daylight Time. The
times and the agenda topics are subject
to change. The meeting will be held at
the U.S. Department of Commerce, 1401
Constitution Avenue NW., Room 4830,
Washington, DC 20230. The meeting
will be open to the public and press on
a first-come, first-served basis. Space is
limited. The public meeting is
physically accessible to people with
disabilities. Individuals requiring
accommodations, such as sign language
interpretation or other ancillary aids, are
asked to notify Mr. Richard Boll, at
(202) 482–1135 or
richard.boll@trade.gov five (5) business
days before the meeting.
Status: Interested parties are invited
to attend and to submit written
comments to the Committee at any time
before or after the meeting. Parties
wishing to submit written comments for
consideration by the Committee in
advance of this meeting must send them
to Office of Services Industries (OSI),
1401 Constitution Ave. NW., Room
11014, Washington, DC 20230, or email
to supplychain@trade.gov to be received
by close of business on October 12,
2012, to provide sufficient time for
review. Comments received after
October 12, 2012, will be distributed to
the Committee, but may not be reviewed
prior to the meeting. It would be helpful
if paper submissions also include a
compact disc (CD) in HTML, ASCII,
Word, or WordPerfect format (please
specify version). CDs should be labeled
with the name and organizational
affiliation of the filer, and the name of
the word processing program used to
create the document. Comments
provided via electronic mail also may be
submitted in one or more of the formats
specified above.
Records: OSI maintains records of all
Committee proceedings. Committee
records are available for public
inspection at OSI’s Washington, DC
office at the address above. Documents
including the Committee’s charter,
member list, agendas, minutes, and any
reports are available on https://
ita.doc.gov/td/sif/DSCT/ACSCC/.
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]]>Agencies
[Federal Register Volume 77, Number 185 (Monday, September 24, 2012)]
[Notices]
[Pages 58809-58811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23456]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 12-00005]
Export Trade Certificate of Review
ACTION: Notice of issuance of an Export Trade Certificate of Review to
Colombia Rice Export Quota, Inc. (``COL-RICE'') (Application
12-00005).
-----------------------------------------------------------------------
SUMMARY: On August 28, 2012, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to Colombia Rice Export Quota, Inc.
(``COL-RICE''). 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 CFR 325.2(l)
COL-RICE's members under this certificate are: the Arkansas Rice
Research and Promotion Board, the California Rice Research Board, the
Louisiana Rice Research Board, the Mississippi Rice Promotion Board,
the Missouri Rice Research and Merchandising Council, the Texas Rice
Producers' Board, the USA Rice Merchants' Association, the USA Rice
Millers' Association, and, Federaci[oacute]n Nacional de Arroceros de
Colombia (FEDEARROZ).
Description of Certified Conduct
COL-RICE 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
COL-RICE plans to export rice products as described in the
Agricultural Tariff Schedule of the Republic of Colombia, as appended
to the United States--Colombia Trade Promotion Agreement (TPA), and
including the following Colombian HTS Codes: 1006.1090--rice in hull,
except for seed (arroz con cascara, except para siembra); 1006.2000--
hulled rice, 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 o
glaseado); 1006.4000--broken rice (arroz partido).
Export Market
The Republic of Colombia.
Export Trade Activities and Methods of Operation
With respect to the conduct of Export Trade in the Export Market,
COL-RICE may, subject to the terms and conditions set forth below,
engage in the following Export Trade Activities and Methods of
Operation:
1. Purpose: COL-RICE will manage on an open tender basis the
tariff-rate quotas (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 Colombian TRQs for rice from the
United States.
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 products 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. Administrator. COL-RICE shall contract with a neutral third
party Administrator who shall administer the TRQ System, subject to
general supervision and oversight by the Board of Directors of COL-
RICE.
3. Open Tender Process. COL-RICE shall offer TRQ Certificates for
duty-free shipments of rice to the Republic of Colombia solely and
exclusively through an open tender process with certificates (``TRQ
Certificates'') awarded to the highest bidders. COL-RICE shall hold
tenders in accordance with established 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 without any
participation by the members of COL-RICE or the COL-RICE 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. rice 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 calendar days prior to the first day of the
auction process and will specify the Bid Date. 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 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
[[Page 58810]]
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 of being notified of a TRQ award. The bidder may
choose to apply the performance security to the price of any successful
bid. Promptly after the close of the open tender process, the
Administrator shall return any unused or non-forfeited security to the
bidder.
8. 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.
9. 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.
10. 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).
11. 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.
12. Transferability. TRQ Certificates shall be freely transferable
except that (i) any TRQ Certificate holder that intends to sell,
transfer or assign any rights under that Certificate shall publish such
intention on an internet 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.
13. 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 COL-RICE Board of
Directors.
14. 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 U.S. Rice Producers Association, and
Federaci[oacute]n Nacional de Arroceros de Colombia (FEDEARROZ)
directly related to establishing COL-RICE shall be reimbursed from the
proceeds of COL-RICE as such proceeds become available, subject to
review by the COL-RICE Board.
iii. Of the proceeds remaining at the end of each year of
operations after all costs described in (i) and (ii) 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. Fifty percent (50%) shall be distributed to FEDEARROZ 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.
15. 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.
16. 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 United States or
of the
[[Page 58811]]
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).
17. 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 COL-RICE.
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 COL-RICE, 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. COL-RICE 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. COL-RICE will ensure that the Administrator holds an auction at
least once a year. Failure to so hold an auction 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 COL-RICE or any Member and
who is not engaged in the production, sale, distribution or export of
rice products.
Date: September 18, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2012-23456 Filed 9-21-12; 8:45 am]
BILLING CODE 3510-DR-P
