Export Trade Certificate of Review, 59591-59592 [2012-23950]

Download as PDF Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Notices All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record. Done in Washington, DC, this 24th day of September 2012. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2012–23969 Filed 9–27–12; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Forest Service Plumas County Resource Advisory Committee Forest Service, USDA. Corrected date: Notice of meeting. AGENCY: ACTION: The meeting date of September 21, 2012 published in the September 10, 2012 Federal Register Notice was incorrect. The correct date is September 28, 2012. The Plumas County Resource Advisory Committee will meet in Quincy, California. The committee is authorized under the Secure Rural Schools and Community SelfDetermination Act (Pub. L. 112–141) (the Act) and operates in compliance with the Federal Advisory Committee Act. The purpose of the committee is to improve collaborative relationships and to provide advice and recommendations to the Forest Service concerning projects and funding consistent with the title II of the Act. The meeting is open to the public. The purpose of the meeting is to review and recommend projects authorized under title II of the Act. DATES: The meeting will be held September 28, 2012 from 9 a.m.–2 p.m. ADDRESSES: The meeting will be held at the Plumas Sierra County Fair Mineral Building at 207 Fairgrounds Road in Quincy, CA. Written comments may be submitted as described under Supplementary Information. All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Plumas National Forest Supervisors Office, 159 Lawrence Street, Quincy, CA 95971. Please call ahead to Lee Anne Schramel Taylor at (530) 283–7850 to facilitate entry into the building to view comments. srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: FOR FURTHER INFORMATION CONTACT: Lee Anne Schramel Taylor, RAC Coordinator, Plumas National Forest, VerDate Mar<15>2010 17:28 Sep 27, 2012 Jkt 226001 (530) 283–7850, TTY 711, eataylor@fs.fed.us. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The following business will be conducted: review and recommend projects authorized under title II of the Act. An agenda will be posted at http:// www.fs.fed.us/srs at least one week prior to the meeting. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. A summary of the meeting will be posted at http://www.fs.usda.gov/srs within 21 days of the meeting. Meeting Accommodations: If you are a person requiring resonable accomodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accomodation for access to the facility or procedings by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis. Dated: September 25, 2012. Nancy Francine, Ecosystem Staff Officer. [FR Doc. 2012–24045 Filed 9–26–12; 11:15 am] BILLING CODE 3410–11–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 12–00002] Export Trade Certificate of Review Notice of issuance of an Export Trade Certificate of Review to SunWest Foods, Inc (Application #12–00002). ACTION: On August 20, 2012, the U.S. Department of Commerce issued an Export Trade Certificate of Review to SunWest Foods, Inc (‘‘SunWest).’’ 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. SUMMARY: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001–21) authorizes the Secretary of Commerce to SUPPLEMENTARY INFORMATION: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 59591 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. Member (Within the Meaning of 15 CFR 325.2(1)) SunWest Milling Company, Inc. Description of Certified Conduct SunWest 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 Products: SunWest proposes to export under the Certificate, directly and through other suppliers, rice and rice products, including, but not limited to: Harvest rice; rough rice; brown rice; milled, under milled, and unpolished rice, coated rice; oiled rice; enriched rice; rice bran; polished rice, head rice; broken rice; second head rice; brewers rice; screenings; and rice flour; but not including wild rice. Services: All services related to the export of Products. Technology Rights: All intellectual property rights associated with Products or Services, including, but not limited to: Patents, trademarks, services marks, trade names, copyrights and neighboring (related) rights, trade secrets, knowhow, and confidential databases and computer programs. Export Trade Facilitation Services (as They Relate to the Export of Products): Services to facilitate the export of Products, including but not limited to: consulting and trade strategy; converting harvest rice to marketable finished rice products via the drying, storage, milling, and packaging processes; arranging and coordinating delivery of Products to port of export; arranging for inland and/or ocean transportation; allocating Products to vessel; arranging for storage space at port; arranging for warehousing, stevedoring, wharfage, handling, E:\FR\FM\28SEN1.SGM 28SEN1 59592 Federal Register / Vol. 77, No. 189 / Friday, September 28, 2012 / Notices inspection, fumigation, and freight forwarding; insurance and financing; documentation and services related to compliance with customs requirements; sales and marketing; export brokerage; foreign marketing and analysis; foreign market development; overseas advertising and promotion; Productsrelated research and design based upon foreign buyer and consumer preferences; inspection and quality control; shipping and export management; export licensing; provisions of overseas sales and distribution facilities and overseas sales staff; legal, accounting, and tax assistance; development and application of management information systems; trade show exhibitions; professional services in the area of government relations and assistance with federal and state export assistance programs (e.g., export enhancement and market promotion programs); invoicing (billing) foreign buyers; collecting (letters of credit and other financial instruments) payment for Products; and arranging for payment of applicable commissions and fees. Export Markets All parts of the world except the United States (the fifty states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands). srobinson on DSK4SPTVN1PROD with NOTICES Export Trade Activities and Methods of Operations To engage in Export Trade in the Export Markets, SunWest (and its affiliated company and Member SunWest Milling Company, Inc.) may: 1. Exchange information with Suppliers or Export Intermediaries individually regarding availability of Products for export, prices of Products for sale in the Export Markets, and coordinating the export of Products to Export Markets; 2. Confer with Suppliers individually regarding offers to purchase and offers to sell by SunWest for specific export sales opportunities; 3. Process other Suppliers’ harvest rice to marketable finished Products for Export Markets via drying, storage, milling, and packaging processes; 4. Solicit other Suppliers to offer/sell Products to SunWest or its Member for subsequent sales into Export Markets; 5. Solicit orders for the export of Products from potential foreign distributors and purchasers in Export Markets; VerDate Mar<15>2010 17:28 Sep 27, 2012 Jkt 226001 6. Prepare and submit offers of Products to potential foreign distributors, purchasers, and other entities for sale in Export Markets; 7. Establish the price and quantity of Products for sale in Export Markets and set other terms for any export sale; 8. Negotiate and enter into agreements for sale of Products in Export Markets; 9. Enter into agreements to purchase Products from one or more Suppliers to fulfill specific export sales obligations. In such agreements, SunWest and its Member may agree to purchase Products for sale in the Export Markets exclusively from one or more Suppliers, and the Supplier (or Suppliers) may agree to deal exclusively with SunWest or its Member for the sale of their Products in the Export Markets. 10. Assign sales of Products to, and/ or divide or share export orders among, Suppliers or other persons based on orders, export markets, territories, customers, or any other basis SunWest or its Member deem appropriate; 11. Broker and take title to the Products; 12. Enter into agreements with one or more Export Intermediaries for the sale of Products in the Export Markets, in which agreements (a) SunWest or its Member may agree to deal exclusively with that Export Trade Intermediary in a particular Export Market, and/or (b) that Export Intermediary may agree to represent SunWest or its Member exclusively in a particular export market for the export of Products; 13. Enter into agreements with customers in the Export Markets in which the customer may agree to purchase Products exclusively from SunWest or its Member; 14. Apply for and utilize government export assistance and incentive programs; 15. Refuse to (a) purchase Products, (b) sell Products, (c) provide Services, or (d) provide information regarding export sales of Products to any Supplier(s) or other entities for any reason SunWest or its Member deem appropriate; 16. Refuse to (a) sell Products, (b) quote prices of Products, (c) provide Export Trade Facilitation Services, (d) provide information regarding Products, or (e) market or sell Products to any customers or distributors in the Export Markets, or in any countries or geographic areas in the Export Markets; and 17. Meet with Suppliers or other entities periodically to discuss general matters specific to the activities approved in this Certificate (not related to price and supply arrangements between SunWest or its Member and the individual Suppliers) such as relevant PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 facts concerning the Export Markets (e.g., demand conditions, transportation costs and prices in the export markets), or the possibility of joint marketing, bidding or selling arrangements in the Export Markets. Terms and Conditions of Certificate 1. Neither SunWest nor its Member shall intentionally disclose, directly or indirectly, to any Supplier any information regarding any other Supplier’s costs, production, inventories, domestic prices, domestic sales, capacity to produce products for domestic sale, domestic orders, terms of domestic marketing or sale, or U.S. business plans, strategies, or methods, unless such information is already generally available to the trade or public. 2. SunWest and its Member 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 ‘‘Supplier’’ means a person who mills, produces, provides, markets, or sells Products, Services, and/or Technology Rights. ‘‘Export Intermediary’’ means a person who acts as a distributor, representative, sales or marketing agent, joint marketer, or broker, or who performs similar functions. Dated: September 24, 2012. Joseph E. Flynn, Director, Office of Competition and Economic Analysis. [FR Doc. 2012–23950 Filed 9–27–12; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE National Institute of Standards and Technology Visiting Committee on Advanced Technology National Institute of Standards and Technology, Department of Commerce. ACTION: Notice of public meeting. AGENCY: E:\FR\FM\28SEN1.SGM 28SEN1

Agencies

[Federal Register Volume 77, Number 189 (Friday, September 28, 2012)]
[Notices]
[Pages 59591-59592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23950]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 12-00002]


Export Trade Certificate of Review

ACTION: Notice of issuance of an Export Trade Certificate of Review to 
SunWest Foods, Inc (Application 12-00002).

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SUMMARY: On August 20, 2012, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to SunWest Foods, Inc (``SunWest).'' 
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.

Member (Within the Meaning of 15 CFR 325.2(1))

    SunWest Milling Company, Inc.

Description of Certified Conduct

    SunWest 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

    Products: SunWest proposes to export under the Certificate, 
directly and through other suppliers, rice and rice products, 
including, but not limited to: Harvest rice; rough rice; brown rice; 
milled, under milled, and unpolished rice, coated rice; oiled rice; 
enriched rice; rice bran; polished rice, head rice; broken rice; second 
head rice; brewers rice; screenings; and rice flour; but not including 
wild rice.
    Services: All services related to the export of Products.
    Technology Rights: All intellectual property rights associated with 
Products or Services, including, but not limited to: Patents, 
trademarks, services marks, trade names, copyrights and neighboring 
(related) rights, trade secrets, knowhow, and confidential databases 
and computer programs.
    Export Trade Facilitation Services (as They Relate to the Export of 
Products): Services to facilitate the export of Products, including but 
not limited to: consulting and trade strategy; converting harvest rice 
to marketable finished rice products via the drying, storage, milling, 
and packaging processes; arranging and coordinating delivery of 
Products to port of export; arranging for inland and/or ocean 
transportation; allocating Products to vessel; arranging for storage 
space at port; arranging for warehousing, stevedoring, wharfage, 
handling,

[[Page 59592]]

inspection, fumigation, and freight forwarding; insurance and 
financing; documentation and services related to compliance with 
customs requirements; sales and marketing; export brokerage; foreign 
marketing and analysis; foreign market development; overseas 
advertising and promotion; Products-related research and design based 
upon foreign buyer and consumer preferences; inspection and quality 
control; shipping and export management; export licensing; provisions 
of overseas sales and distribution facilities and overseas sales staff; 
legal, accounting, and tax assistance; development and application of 
management information systems; trade show exhibitions; professional 
services in the area of government relations and assistance with 
federal and state export assistance programs (e.g., export enhancement 
and market promotion programs); invoicing (billing) foreign buyers; 
collecting (letters of credit and other financial instruments) payment 
for Products; and arranging for payment of applicable commissions and 
fees.

Export Markets

    All parts of the world except the United States (the fifty states 
of the United States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, American Samoa, Guam, the Commonwealth 
of the Northern Mariana Islands, and the Trust Territory of the Pacific 
Islands).

Export Trade Activities and Methods of Operations

    To engage in Export Trade in the Export Markets, SunWest (and its 
affiliated company and Member SunWest Milling Company, Inc.) may:
    1. Exchange information with Suppliers or Export Intermediaries 
individually regarding availability of Products for export, prices of 
Products for sale in the Export Markets, and coordinating the export of 
Products to Export Markets;
    2. Confer with Suppliers individually regarding offers to purchase 
and offers to sell by SunWest for specific export sales opportunities;
    3. Process other Suppliers' harvest rice to marketable finished 
Products for Export Markets via drying, storage, milling, and packaging 
processes;
    4. Solicit other Suppliers to offer/sell Products to SunWest or its 
Member for subsequent sales into Export Markets;
    5. Solicit orders for the export of Products from potential foreign 
distributors and purchasers in Export Markets;
    6. Prepare and submit offers of Products to potential foreign 
distributors, purchasers, and other entities for sale in Export 
Markets;
    7. Establish the price and quantity of Products for sale in Export 
Markets and set other terms for any export sale;
    8. Negotiate and enter into agreements for sale of Products in 
Export Markets;
    9. Enter into agreements to purchase Products from one or more 
Suppliers to fulfill specific export sales obligations. In such 
agreements, SunWest and its Member may agree to purchase Products for 
sale in the Export Markets exclusively from one or more Suppliers, and 
the Supplier (or Suppliers) may agree to deal exclusively with SunWest 
or its Member for the sale of their Products in the Export Markets.
    10. Assign sales of Products to, and/or divide or share export 
orders among, Suppliers or other persons based on orders, export 
markets, territories, customers, or any other basis SunWest or its 
Member deem appropriate;
    11. Broker and take title to the Products;
    12. Enter into agreements with one or more Export Intermediaries 
for the sale of Products in the Export Markets, in which agreements (a) 
SunWest or its Member may agree to deal exclusively with that Export 
Trade Intermediary in a particular Export Market, and/or (b) that 
Export Intermediary may agree to represent SunWest or its Member 
exclusively in a particular export market for the export of Products;
    13. Enter into agreements with customers in the Export Markets in 
which the customer may agree to purchase Products exclusively from 
SunWest or its Member;
    14. Apply for and utilize government export assistance and 
incentive programs;
    15. Refuse to (a) purchase Products, (b) sell Products, (c) provide 
Services, or (d) provide information regarding export sales of Products 
to any Supplier(s) or other entities for any reason SunWest or its 
Member deem appropriate;
    16. Refuse to (a) sell Products, (b) quote prices of Products, (c) 
provide Export Trade Facilitation Services, (d) provide information 
regarding Products, or (e) market or sell Products to any customers or 
distributors in the Export Markets, or in any countries or geographic 
areas in the Export Markets; and
    17. Meet with Suppliers or other entities periodically to discuss 
general matters specific to the activities approved in this Certificate 
(not related to price and supply arrangements between SunWest or its 
Member and the individual Suppliers) such as relevant facts concerning 
the Export Markets (e.g., demand conditions, transportation costs and 
prices in the export markets), or the possibility of joint marketing, 
bidding or selling arrangements in the Export Markets.

Terms and Conditions of Certificate

    1. Neither SunWest nor its Member shall intentionally disclose, 
directly or indirectly, to any Supplier any information regarding any 
other Supplier's costs, production, inventories, domestic prices, 
domestic sales, capacity to produce products for domestic sale, 
domestic orders, terms of domestic marketing or sale, or U.S. business 
plans, strategies, or methods, unless such information is already 
generally available to the trade or public.
    2. SunWest and its Member 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

    ``Supplier'' means a person who mills, produces, provides, markets, 
or sells Products, Services, and/or Technology Rights.
    ``Export Intermediary'' means a person who acts as a distributor, 
representative, sales or marketing agent, joint marketer, or broker, or 
who performs similar functions.

    Dated: September 24, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2012-23950 Filed 9-27-12; 8:45 am]
BILLING CODE 3510-DR-P