Export Trade Certificate of Review, 6376-6378 [2019-03324]
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6376
Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
duty investigation will be the rates
identified in the estimated weightedaverage dumping margin column in the
rate chart, above.
amozie on DSK3GDR082PROD with NOTICES1
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. In addition, we are making
available to the ITC all non-privileged
and non-proprietary information related
to this investigation. We will allow the
ITC access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance. Because Commerce’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports, or
sales (or the likelihood of sales) for
importation of welded pipe from Korea
no later than 45 days after this final
determination. If the ITC determines
that such injury does not exist, this
proceeding will be terminated and all
cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
Commerce, antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation, as
discussed above in the ‘‘Continuation of
Suspension of Liquidation’’ section.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
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sections 735(d) and 777(i)(1) of the Act
and 19 CFR 351.210(c).
Dated: February 19, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is welded carbon and alloy steel
pipe (including stainless steel pipe), more
than 406.4 mm (16 inches) in nominal
outside diameter (large diameter welded
pipe), regardless of wall thickness, length,
surface finish, grade, end finish, or
stenciling. Large diameter welded pipe may
be used to transport oil, gas, slurry, steam, or
other fluids, liquids, or gases. It may also be
used for structural purposes, including, but
not limited to, piling. Specifically, not
included is large diameter welded pipe
produced only to specifications of the
American Water Works Association (AWWA)
for water and sewage pipe.
Large diameter welded pipe used to
transport oil, gas, or natural gas liquids is
normally produced to the American
Petroleum Institute (API) specification 5L.
Large diameter welded pipe may also be
produced to American Society for Testing
and Materials (ASTM) standards A500, A252,
or A53, or other relevant domestic
specifications, grades and/or standards. Large
diameter welded pipe can be produced to
comparable foreign specifications, grades
and/or standards or to proprietary
specifications, grades and/or standards, or
can be non-graded material. All pipe meeting
the physical description set forth above is
covered by the scope of this investigation,
whether or not produced according to a
particular standard.
Subject merchandise also includes large
diameter welded pipe that has been further
processed in a third country, including but
not limited to coating, painting, notching,
beveling, cutting, punching, welding, or any
other processing that would not otherwise
remove the merchandise from the scope of
the investigation if performed in the country
of manufacture of the in-scope large diameter
welded pipe.
Excluded from the scope are any products
covered by the existing antidumping duty
order on welded line pipe from the Republic
of Korea. See Welded Line Pipe from the
Republic of Korea and the Republic of
Turkey: Antidumping Duty Orders, 80 FR
75056 (December 1, 2015). Also excluded
from the scope are any products covered by
the existing antidumping order on welded
ASTM A–312 stainless steel pipe from Korea.
See Welded ASTM A–312 Stainless Steel
Pipe from South Korea: Antidumping Duty
Order, 57 FR 62300 (December 30, 1992).
The large diameter welded pipe that is
subject to this investigation is currently
classifiable in the Harmonized Tariff
Schedule of the United States (HTSUS) under
subheadings 7305.11.1030, 7305.11.1060,
7305.11.5000, 7305.12.1030, 7305.12.1060,
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7305.12.5000, 7305.19.1030, 7305.19.1060,
7305.19.5000, 7305.31.4000, 7305.31.6010,
7305.31.6090, 7305.39.1000 and
7305.39.5000. While the HTSUS subheadings
are provided for convenience and customs
purposes, the written description of the
scope of this investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Application of Adverse Facts Available
VI. Adjustment for Countervailed Export
Subsidies
VII. Discussion of the Issues
General Issues
1. Cost-Based Particular Market Situation
Allegation
2. Petitioners’ Proposed Regression
Analysis
3. Whether Subsidy Rates used to Adjust
the PMS are Accurate
4. PMS Adjustment for Stainless Steel Plate
5. Differential Pricing
6. Direct Material/Conversion Costs
Hyundai RB
7. Hyundai RB’s G&A Expense Ratio
8. Hyundai RB and Hyundai Steel
Affiliation
9. Hyundai RB’s Indirect Selling Expense
Ratio
10. Hyundai RB’s Foreign Exchange Losses
11. Treatment of Company A’s Bad Debt
Expenses
12. Hyundai RB’s Scrap Offset
SeAH
13. SeAH’s Indirect Selling Expenses for
Non-Further Manufactured Sales
14. SeAH’s Sale to Puerto Rico
15. Treatment of Refunds from Customs
and Border Protection and Refund for
Damaged Goods
16. SeAH Holdings Corporation’s
Unrecovered Costs
17. SeAH’s Interest Income Offset
18. Correction of Ministerial Errors in the
Preliminary Determination
19. Correction of Minor Errors Reported at
Verification
20. Freight Revenue Cap
VIII. Recommendation
[FR Doc. 2019–03319 Filed 2–26–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 18–00002]
Export Trade Certificate of Review
Notice of issuance of an Export
Trade Certificate of Review to Alaska
Groundfish Commission (‘‘AGC’’),
Application Number 18–00002.
ACTION:
The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (‘‘OTEA’’), issued an
SUMMARY:
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Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
Export Trade Certificate of Review to
AGC on February 15, 2019.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at etca@
trade.gov.
Title III of
the Export Trading Company Act of
1982 (15 U.S.C. 4001–21) (‘‘the Act’’)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325 (2018). OTEA is issuing
this notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
certification in the Federal Register.
Under Section 305(a) of the Act 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.
SUPPLEMENTARY INFORMATION:
Description of Certified Conduct
A summary of AGC’s Export Trade
Certificate of Review follows.
Certificate Holder
• AGC
Members
• Ocean Peace, Inc., Seattle, WA; M/V
Savage, Inc., Seattle, WA; AK Victory,
Inc., Seattle, WA; The Fishing
Company of Alaska, Inc., Seattle, WA;
Alaska Warrior, Inc., Seattle, WA;
O’Hara Corporation, Rockland, ME;
O’Hara DISC, Inc., Rockland, ME
amozie on DSK3GDR082PROD with NOTICES1
Export Product
• AGC and its Members plan to export
the following six products, which are
frozen-at-sea (i.e., the export product
is frozen on the catcher-processor
trawl vessel while at-sea), and in
headed and gutted (i.e., head and
viscera are removed) and round (i.e.,
whole) forms: Atka mackerel, Pacific
Ocean perch, yellowfin sole, Pacific
cod, flathead sole, and rock sole
(‘‘Export Product,’’ or collectively, the
‘‘Export Products’’).
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Export Conduct
To engage in Export Trade in the
Export Markets, AGC and its Members
may undertake the following activities:
1. Each Member will from time to
time independently determine in its
sole discretion (i) the quantity of Export
Product that it makes available for sale
in Export Markets, and (ii) whether any
portion of such quantity will be sold
independently by it, be sold in
cooperation with some or all of the
other Members, or be made available to
AGC for sale in Export Markets. AGC
may not require any Member to export
any minimum quantity of Export
Product.
2. AGC and/or its Members may enter
into agreements to act in certain
countries or markets as the Members’
exclusive or non-exclusive export
intermediary for the quantity of Export
Product dedicated by each Member for
sale by AGC or any Member in that
country or market. In any such
agreement (i) AGC or the Member acting
as the exclusive export intermediary
may agree not to represent any other
supplier of Export Product with respect
to one or more Export Market, and (ii)
Members may agree that they will
export the quantity of Export Product
dedicated for sale in such Export
Markets only through AGC or the
Member acting as exclusive export
intermediary, and that they will not
export Export Product otherwise, either
directly or through any other export
intermediary.
3. AGC and/or one or more of its
Members may engage in joint bidding or
selling arrangements for Export Markets
and allocate sales resulting from such
arrangements among the Members.
4. The Members may refuse to deal
with export intermediaries other than
AGC and its Members.
5. AGC may, for itself and on behalf
of its Members, by agreement with its or
its Members’ distributors or agents, or
on the basis of its own determination:
a. Establish the prices at which Export
Product will be sold in Export Markets;
b. establish standard terms of sale of
Export Product;
c. establish standard quality grades for
Export Product;
d. establish target prices for sales of
Export Product by its Members in
Export Markets, with each Member
remaining free to deviate from such
target prices in its sole discretion;
e. subject to the limitations set forth
in paragraph 1, above, establish the
quantity of Export Product to be sold in
Export Markets
f. allocate among the Members Export
Markets or customers in the Export
Markets;
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6377
g. refuse to quote prices for, or to
market or sell, Export Product in Export
Markets; and
h. engage in joint promotional
activities aimed at developing existing
or new Export Markets, such as
advertising and trade shows.
6. AGC may, for itself and on behalf
of its Members, contact non-member
suppliers of Export Product to elicit
information relating to price, volume
delivery schedules, terms of sale, and
other matters relating to such suppliers’
sales or prospective sales in Export
Markets.
7. Subject to the limitations set forth
in paragraph 1, above, AGC and its
Members may agree on the quantities of
Export Product and the prices at which
AGC and its Members may sell Export
Product in and for Export Markets, and
may also agree on territorial and
customer allocations in Export Markets
among the Members.
8. AGC and its Members may enter
into exclusive and non-exclusive
agreements appointing third parties as
export intermediaries for the sale of
Export Product in Export Markets. Such
agreements may contain the price,
quantity, territorial, and customer
provisions for Export Markets contained
in paragraph 5, above.
9. AGC and its Members may solicit
individual non-Member suppliers of
Export Product to sell such Export
Product to AGC or Members for sale in
Export Markets.
10. AGC and its Members may
prescribe conditions for withdrawal of
Members from and admission of
Members to AGC.
11. AGC may, for itself or on behalf
of its Members, establish and implement
a quality assurance program for Export
Product, including without limitation
establishing, staffing, and operating a
laboratory to conduct quality testing,
promulgating quality standards or
grades, inspecting Export Product
samples and publishing guidelines for
and reports of the results of laboratory
testing.
12. AGC may conduct meetings of its
Members to engage in the activities
described in paragraphs 1 through 11
above.
13. AGC may compile for, collect
from, and disseminate to its Members,
and the Members may discuss among
themselves, either in meetings
conducted by AGC or independently via
telephone and other available and
appropriate modes of communication,
the following types of information with
respect to the export of Export Product
to Export Markets only:
a. Sales and marketing efforts, and
activities and opportunities for sales of
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6378
Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Notices
Export Product, including but not
limited to selling strategies and pricing,
projected demand for Export Product,
standard or customary terms of sale in
Export Markets, prices and availability
of Export Product from competitors, and
specifications for Export Product by
customers in Export Markets;
b. Price, quality, quantity, source, and
delivery dates of Export Product
available from the Members for export
including but not limited to export
inventory levels and geographic
availability;
c. Terms and conditions of contracts
for sales to be considered and/or bid on
by AGC and its Members;
d. Joint bidding or selling
arrangements and allocation of sales
resulting from such arrangements
among the Members, including each
Member’s share of the previous calendar
year’s total foreign sales;
e. Expenses specific to exporting to
and within Export Markets, including
without limitation transportation, transor intermodal shipments, cold storage,
insurance, inland freight to port, port
storage, commissions, transactional
costs, documentation, financing,
customs duties, and taxes;
f. U.S. and foreign legislation
regulations and policies affecting export
sales; and
g. AGC’s and/or its Members’ export
operations, including without
limitation, sales and distribution
networks established by AGC or its
Members in Export Markets, and prior
export sales by Members (including
export price information).
The effective date of the Certificate is
October 22, 2018, the date on which
AGC’s application was deemed
submitted.
Dated: February 21, 2019.
Joseph Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration,
U.S. Department of Commerce.
[FR Doc. 2019–03324 Filed 2–26–19; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
amozie on DSK3GDR082PROD with NOTICES1
[A–122–863]
Large Diameter Welded Pipe From
Canada: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that imports of
AGENCY:
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Jkt 247001
large diameter welded pipe (welded
pipe) from Canada is being, or is likely
to be, sold in the United States at less
than fair value (LTFV) during the period
of investigation (POI) January 1, 2017,
through December 31, 2017.
DATES: Applicable February 27, 2019.
FOR FURTHER INFORMATION CONTACT:
Susan S. Pulongbarit or Annathea Cook,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4031or
(202) 482–0250, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 27, 2018, Commerce
published in the Federal Register the
Preliminary Determination of sales at
LTFV of welded pipe from Canada, in
which we also postponed the final
determination until January 9, 2018.1
We invited interested parties to
comment on the Preliminary
Determination. A summary of the events
that occurred since Commerce
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum, which is adopted by this
notice.2
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019.3 If the tolled deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. The
revised deadline for this final
determination is now February 19, 2019.
Scope of the Investigation
The product covered by this
investigation is welded pipe from
Canada. For a full description of the
1 See Large Diameter Welded Pipe from Canada:
Preliminary Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 83 FR
43649 (August 27, 2018) (Preliminary
Determination) and accompanying Preliminary
Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Large Diameter Welded Pipe from
Canada,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Memorandum ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days.
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scope of this investigation, see the
‘‘Scope of the Investigation’’ in
Appendix I of this notice.
Scope Comments
During the course of this investigation
and the concurrent LTFV investigations
of welded pipe from Greece, India, the
People’s Republic of China (China) and
the Republic of Turkey (Turkey), and
the concurrent countervailing duty
investigations of large diameter welded
pipe from China, India, Korea and
Turkey, Commerce received scope
comments from interested parties.
Commerce issued a Preliminary Scope
Decision Memorandum to address these
comments.4 In the Preliminary
Determination, Commerce set aside a
period of time for parties to address
scope issues in scope case and rebuttal
briefs. No interested parties submitted
scope comments in scope case or scope
rebuttal briefs. Therefore, for this final
determination, the scope of this
investigation remains unchanged from
that published in the Preliminary
Determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by parties in
this investigation are addressed in the
Issues and Decision Memorandum
accompanying this notice. A list of the
issues addressed in the Issues and
Decision Memorandum is attached to
this notice as Appendix II. The Issues
and Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and it is available to
all parties in the Central Records Unit,
room B–8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended, (the Act)
from September to December 2018, we
conducted verification of the sales and
cost information submitted by Evraz Inc.
NA (Evraz) and Enbridge Inc. (Enbridge)
for use in our final determination. We
4 See Memorandum, ‘‘Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated June 19, 2018 (Preliminary Scope Decision
Memorandum).
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]]>Agencies
[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Notices]
[Pages 6376-6378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03324]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 18-00002]
Export Trade Certificate of Review
ACTION: Notice of issuance of an Export Trade Certificate of Review to
Alaska Groundfish Commission (``AGC''), Application Number 18-00002.
-----------------------------------------------------------------------
SUMMARY: The Secretary of Commerce, through the Office of Trade and
Economic Analysis (``OTEA''), issued an
[[Page 6377]]
Export Trade Certificate of Review to AGC on February 15, 2019.
FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, OTEA,
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) (``the Act'') authorizes the Secretary of
Commerce to issue Export Trade Certificates of Review. An Export Trade
Certificate of Review protects the holder and the members identified in
the Certificate from State and Federal government antitrust actions and
from private treble damage antitrust actions for the export conduct
specified in the Certificate and carried out in compliance with its
terms and conditions. The regulations implementing Title III are found
at 15 CFR part 325 (2018). OTEA is issuing this notice pursuant to 15
CFR 325.6(b), which requires the Secretary of Commerce to publish a
summary of the certification in the Federal Register. Under Section
305(a) of the Act 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.
Description of Certified Conduct
A summary of AGC's Export Trade Certificate of Review follows.
Certificate Holder
AGC
Members
Ocean Peace, Inc., Seattle, WA; M/V Savage, Inc., Seattle, WA;
AK Victory, Inc., Seattle, WA; The Fishing Company of Alaska, Inc.,
Seattle, WA; Alaska Warrior, Inc., Seattle, WA; O'Hara Corporation,
Rockland, ME; O'Hara DISC, Inc., Rockland, ME
Export Product
AGC and its Members plan to export the following six products,
which are frozen-at-sea (i.e., the export product is frozen on the
catcher-processor trawl vessel while at-sea), and in headed and gutted
(i.e., head and viscera are removed) and round (i.e., whole) forms:
Atka mackerel, Pacific Ocean perch, yellowfin sole, Pacific cod,
flathead sole, and rock sole (``Export Product,'' or collectively, the
``Export Products'').
Export Conduct
To engage in Export Trade in the Export Markets, AGC and its
Members may undertake the following activities:
1. Each Member will from time to time independently determine in
its sole discretion (i) the quantity of Export Product that it makes
available for sale in Export Markets, and (ii) whether any portion of
such quantity will be sold independently by it, be sold in cooperation
with some or all of the other Members, or be made available to AGC for
sale in Export Markets. AGC may not require any Member to export any
minimum quantity of Export Product.
2. AGC and/or its Members may enter into agreements to act in
certain countries or markets as the Members' exclusive or non-exclusive
export intermediary for the quantity of Export Product dedicated by
each Member for sale by AGC or any Member in that country or market. In
any such agreement (i) AGC or the Member acting as the exclusive export
intermediary may agree not to represent any other supplier of Export
Product with respect to one or more Export Market, and (ii) Members may
agree that they will export the quantity of Export Product dedicated
for sale in such Export Markets only through AGC or the Member acting
as exclusive export intermediary, and that they will not export Export
Product otherwise, either directly or through any other export
intermediary.
3. AGC and/or one or more of its Members may engage in joint
bidding or selling arrangements for Export Markets and allocate sales
resulting from such arrangements among the Members.
4. The Members may refuse to deal with export intermediaries other
than AGC and its Members.
5. AGC may, for itself and on behalf of its Members, by agreement
with its or its Members' distributors or agents, or on the basis of its
own determination:
a. Establish the prices at which Export Product will be sold in
Export Markets;
b. establish standard terms of sale of Export Product;
c. establish standard quality grades for Export Product;
d. establish target prices for sales of Export Product by its
Members in Export Markets, with each Member remaining free to deviate
from such target prices in its sole discretion;
e. subject to the limitations set forth in paragraph 1, above,
establish the quantity of Export Product to be sold in Export Markets
f. allocate among the Members Export Markets or customers in the
Export Markets;
g. refuse to quote prices for, or to market or sell, Export Product
in Export Markets; and
h. engage in joint promotional activities aimed at developing
existing or new Export Markets, such as advertising and trade shows.
6. AGC may, for itself and on behalf of its Members, contact non-
member suppliers of Export Product to elicit information relating to
price, volume delivery schedules, terms of sale, and other matters
relating to such suppliers' sales or prospective sales in Export
Markets.
7. Subject to the limitations set forth in paragraph 1, above, AGC
and its Members may agree on the quantities of Export Product and the
prices at which AGC and its Members may sell Export Product in and for
Export Markets, and may also agree on territorial and customer
allocations in Export Markets among the Members.
8. AGC and its Members may enter into exclusive and non-exclusive
agreements appointing third parties as export intermediaries for the
sale of Export Product in Export Markets. Such agreements may contain
the price, quantity, territorial, and customer provisions for Export
Markets contained in paragraph 5, above.
9. AGC and its Members may solicit individual non-Member suppliers
of Export Product to sell such Export Product to AGC or Members for
sale in Export Markets.
10. AGC and its Members may prescribe conditions for withdrawal of
Members from and admission of Members to AGC.
11. AGC may, for itself or on behalf of its Members, establish and
implement a quality assurance program for Export Product, including
without limitation establishing, staffing, and operating a laboratory
to conduct quality testing, promulgating quality standards or grades,
inspecting Export Product samples and publishing guidelines for and
reports of the results of laboratory testing.
12. AGC may conduct meetings of its Members to engage in the
activities described in paragraphs 1 through 11 above.
13. AGC may compile for, collect from, and disseminate to its
Members, and the Members may discuss among themselves, either in
meetings conducted by AGC or independently via telephone and other
available and appropriate modes of communication, the following types
of information with respect to the export of Export Product to Export
Markets only:
a. Sales and marketing efforts, and activities and opportunities
for sales of
[[Page 6378]]
Export Product, including but not limited to selling strategies and
pricing, projected demand for Export Product, standard or customary
terms of sale in Export Markets, prices and availability of Export
Product from competitors, and specifications for Export Product by
customers in Export Markets;
b. Price, quality, quantity, source, and delivery dates of Export
Product available from the Members for export including but not limited
to export inventory levels and geographic availability;
c. Terms and conditions of contracts for sales to be considered
and/or bid on by AGC and its Members;
d. Joint bidding or selling arrangements and allocation of sales
resulting from such arrangements among the Members, including each
Member's share of the previous calendar year's total foreign sales;
e. Expenses specific to exporting to and within Export Markets,
including without limitation transportation, trans- or intermodal
shipments, cold storage, insurance, inland freight to port, port
storage, commissions, transactional costs, documentation, financing,
customs duties, and taxes;
f. U.S. and foreign legislation regulations and policies affecting
export sales; and
g. AGC's and/or its Members' export operations, including without
limitation, sales and distribution networks established by AGC or its
Members in Export Markets, and prior export sales by Members (including
export price information).
The effective date of the Certificate is October 22, 2018, the date
on which AGC's application was deemed submitted.
Dated: February 21, 2019.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade
Administration, U.S. Department of Commerce.
[FR Doc. 2019-03324 Filed 2-26-19; 8:45 am]
BILLING CODE 3510-DR-P
