Export Trade Certificate of Review, 27754-27756 [2019-12569]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Pages 27754-27756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12569]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 19-00001]


Export Trade Certificate of Review

ACTION: Notice of application for an Export Trade Certificate of Review 
for National Pecan Shellers Association, Application no. 19-00001.

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SUMMARY: The Secretary of Commerce, through the Office of Trade and 
Economic Analysis (``OTEA'') of the International Trade Administration, 
has received an application for an Export Trade Certificate of Review 
(Certificate). This notice summarizes the proposed application and 
seeks public comments on whether the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of 
Trade and Economic Analysis, International Trade Administration, (202) 
482-5131 (this is not a toll-free number) or email at [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 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. OTEA is issuing this notice 
pursuant to 15 CFR 325.6(a), which requires the Secretary of Commerce 
to publish a summary of the application in the Federal Register, 
identifying the applicant and each member and summarizing proposed 
export conduct.

Request for Public Comments

    Interested parties may submit written comments relevant to the 
determination whether a Certificate should be issued. If the comments 
include any privileged or confidential business information, it must be 
clearly marked and a nonconfidential version of the comments 
(identified as such) should be included. Any comments not marked as 
privileged or confidential business information will be deemed to be 
nonconfidential.
    An original and five (5) copies, plus two (2) copies of the 
nonconfidential version, should be submitted no later than 20 days 
after the date of this notice to: Office of Trade and Economic 
Analysis, International Trade Administration, U.S. Department of 
Commerce, Room 21028, Washington, DC 20230.
    Information submitted by any person is exempt from disclosure under 
the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential 
versions of the comments will be made available

[[Page 27755]]

to the applicant if necessary for determining whether or not to issue 
the Certificate. Comments should refer to this application as ``Export 
Trade Certificate of Review, application number 19-00001.''
    A summary of the application follows.

Summary of the Application

    Applicant: National Pecan Shellers Association, 3200 Windy Hill Rd. 
SE, Suite 600W, Atlanta, GA 30339.
    Contact: Russell A. Lemieux, Senior Vice President of Kellen, 
Telephone: (678) 303-3041.
    Application No.: 19-00001.
    Date Deemed Submitted: June 3, 2019.
    Summary: National Pecan Shellers Association (``NPSA'') seeks a 
Certificate to engage in the export conduct described below.

Applicant/Certificate Holder

 NPSA

Proposed Members (``Members'')

 Arnco, Inc. dba Carter Pecan, Panama City Beach, Florida
 Chase Farms, LLC, Artesia, New Mexico
 Diamond Food, LLC, Stockton, California
 Green Valley Company, Sauharita, Arizona
 Hudson Pecan Co., Inc., Ocilla, Georgia
 Lamar Pecan Company, Hawkinsville, Georgia
 Navarro Pecan Company, Corsicana, Texas
 Pecan Grove Farms, Dallas, Texas
 San Saba Pecan, LP, San Saba, Texas
 South Georgia Pecan Company, Valdosta, Georgia

    If the Certificate is issued, NPSA will establish a specially-
funded Pecan Export Trade Council (``PETC''), which will operate under 
the umbrella of NPSA and in a committee-like fashion, although not an 
official committee of NPSA. PETC will be managed and administered by an 
independent third party, who will not disclose information obtained 
from PETC to another Member, non-Member, and/or NPSA. PETC will provide 
export trade facilitation services, including to the Members. PETC's 
charter members will be the Members above. PETC membership will be open 
to companies that are member and non-member companies of NPSA, and 
shall be limited to: (1) Exporting U.S. Shellers (i.e., companies with 
a commercial pecan shelling plant); (2) Exporting U.S. pecan growers, 
and; (3) Exporting U.S. handlers of pecans. NPSA and PETC, once it is 
established, do not, and do not intend to, export Products.

Export Trade

    Products: Pecan kernels and in-shell pecans, including raw and 
processed.
    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, neighboring 
(related) rights, trade secrets, know-how, and confidential databases 
and computer programs.
    Export Trade Facilitation Services (as They Relate to the Export of 
Products): Export Trade Facilitation Services, including but not 
limited to: Consulting and trade strategy, arranging and coordinating 
delivery of Products to the 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, 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

    The Export Markets include 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

    1. To engage in Export Trade in the Export Markets, NPSA, acting 
through PETC, or through export intermediaries (to the extent provided 
in section g, below), may:
    a. Establish sales price, minimum sales price, target sales price 
and/or minimum target sales price, and other terms of sale;
    b. Help Members collaborate in the marketing and distribution of 
Products;
    c. Conduct joint promotion of Products;
    d. Agree on quantities of Products to be sold, provided each member 
shall be required to dedicate only such quantity or quantities as each 
such Members shall independently determine;
    e. Allocate geographic areas or countries in the Export Markets 
and/or customers in the Export Markets among Members;
    f. Provide a forum whereby Members may agree to refuse to quote 
prices for Products, or to market or sell Products, to or for any 
customers in the Export Market, or any countries or geographical areas 
in the Export Markets;
    g. Enter into exclusive and non-exclusive agreements appointing one 
or more export intermediaries (1) for the sale of Products with price, 
quantity, territorial and/or customer restrictions as provided in 
sections 1.a through 1.f, inclusive, above;
    h. Purchase Products from companies that are not Members to fulfill 
specific sales obligations, provided that PETC and/or its Members shall 
make such purchases only on a transaction-by-transaction basis and when 
the Members are unable to supply, in a timely manner, the requisite, 
Products at a price competitive under the circumstances. In no event 
shall a company that is not a Member be included in any deliberations 
concerning any Export Trade Activities;
    i. Negotiate favorable transportation rates (e.g., volume 
discounts) and consolidate shipments;
    2. PETC and its Members may exchange and discuss the following 
information:
    a. Information about sales and marketing efforts for the Export 
Markets, activities and opportunities for sales of Products in the 
Export Markets, selling strategies for the Export Markets, sales for 
the Export Markets, contract and spot pricing in the Export Markets, 
projected demands in the Export Markets for Products, customary terms 
of sales in the Export Markets, prices and availability of Products 
from competitors for sale in the Export Markets, and specifications for 
Products by customers in the Export Markets;
    b. Information about the price, quality, quantity, source and 
delivery

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dates of Products available from the Members to export;
    c. Information about terms and conditions of contracts for sale in 
the Export Markets to be considered and/or bid on by Members;
    d. Information about joint bidding or selling arrangements for the 
Export Markets and allocations of sales resulting from such 
arrangements among the Members;
    e. Information about expenses specific to exporting to and within 
the Export Markets, including without limitation, transportation, 
trans- or intermodal shipments, insurance, inland freights to port, 
port storage, commissions, export sales, documentation, financing, 
customers, duties and taxes;
    f. Information about U.S. and foreign legislation and regulations, 
including federal marketing order programs, affecting sales for Export 
Markets;
    g. Information about PETC's or Members' export operations, 
including without limitation, sales and distribution networks, 
established by PETC or the Members in the Export Markets, and prior 
export sales by Members (including export price information); and
    h. Information about export customer credit terms and credit 
history.
    3. Neither NPSA nor PETC will engage in export sales of pecans on 
behalf of any sheller, grower, or handler.

    Dated: June 11, 2019.
Joseph Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration, U.S. Department of Commerce.
[FR Doc. 2019-12569 Filed 6-13-19; 8:45 am]
BILLING CODE 3510-DR-P