97-2112. Export Trade Certificate of Review

[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Pages 4254-4255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2112]


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DEPARTMENT OF COMMERCE

Export Trade Certificate of Review

ACTION: Notice of application.

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SUMMARY: The Office of Export Trading Company Affairs (``OETCA''), 
International Trade Administration, Department of Commerce, has 
received an application for an Export Trade Certificate of Review. This 
notice summarizes the conduct for which certification is sought and 
requests comments relevant to whether the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: W. Dawn Busby, Director, Office of 
Export Trading Company Affairs, International Trade Administration, 
[phone]. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. 4001-21) authorizes the Secretary of Commerce to 
issue Export Trade Certificates of Review. A 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. Section 302(b)(1) of the Act and 15 CFR 325.6(a) require 
the Secretary to publish a notice in the Federal Register identifying 
the applicant and summarizing its proposed export conduct.

Request for Public Comments

    Interested parties may submit written comments relevant to the 
determination whether a Certificate should be issued. An original and 
five (5) copies should be submitted no later than 20 days after the 
date of this notice to: Office of Export Trading Company Affairs, 
International Trade Administration, Department of Commerce, Room 1800H, 
Washington, DC 20230. Information submitted by any person is exempt 
from disclosure under the Freedom of Information Act (5 U.S.C. 552). 
Comments should refer to this application as ``Export Trade Certificate 
of Review, application number 97-00001.'' A summary of the application 
follows.

Summary of the Application

    Applicant: Dairy Marketing Information Association (``DMIA''), 30 
West Mifflin Street, Suite 401, Madison, Wisconsin 53703.
    Contact: Donald M. Barnes, Esquire.
    Telephone: [phone].
    Application No.: 97-00001.
    Date Deemed Submitted: January 17, 1997.
    Members (in addition to applicant): Land O'Lakes, Inc., 
Minneapolis, MN; Foremost Farms USA, Baraboo, WI; Mid-America Dairymen, 
Inc., Springfield, MO; Ellsworth Cooperative Creamery Association, 
Ellsworth, WI; Darigold Farms, Seattle, WA; Associated Milk Producers, 
Inc. (AMPI), San Antonio, TX; Alto Dairy Cooperative, Waupun, WI; Swiss 
Valley Farms, Co., Davenport, IA; First District Association, 
Litchfield, MN; and Dairymen's Cooperative Creamery Association, 
Tulare, CA.
    DMIA seeks a Certificate to cover the following specific Export 
Trade, Export Markets, and Export Trade Activities and Methods of 
Operations.

Export Trade

    Products: Dry sweet whey; 35% whey protein concentrate (``WPC''), 
and edible grade lactose (Standard Industrial Classified Code 202-
2023).
Export Trade Facilitation Services (as They Relate to the Export of 
Products and Services)
    Export Trade Facilitation Services including professional services 
in the areas of consulting, marketing and trade promotion, legal 
assistance, communication and processing of sales leads and export 
orders, and negotiation of price to be paid by foreign buyer.

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 Operation

    DMIA seeks to:
    1. Enter into joint discussions, negotiations, and bidding with 
foreign buyers regarding the purchase of the products specified herein.
    2. Act jointly to negotiate and establish export prices for the 
products specified herein to be marketed through DMIA's services, in 
connection with actual or potential bona fide export opportunities, 
provided that each DMIA

[[Page 4255]]

Member remains free to deviate from the joint export price in 
independently exporting its commodities not dedicated to DMIA.
    3. Act jointly to establish sales strategies in the Export Markets.
    4. Process export orders on behalf of DMIA Members.
    5. Exchange information regarding export transactions, including:
    a. information that is already available to the dairy industry or 
to the general public;
    b. information that is already exchanged among DMIA Members 
pursuant to the Cooperative Marketing Act of 1926, 7 U.S.C. Section 
455;
    c. information on costs specific to the Export Markets (such as 
ocean freight, inland freight to the terminal or port, terminal or port 
storage, wharfage and handling charges, insurance, agents, commissions, 
export sales documentation and service, and export sales financing);
    d. information about U.S. and foreign legislation and regulation 
affecting sales to Export Markets;
    e. information about the price, quantity, and delivery dates of 
products supplied by DMIA Members for export through DMIA's services;
    f. information about terms and conditions of contracts for sales in 
the Export Markets to be considered by DMIA Members, including 
specifications from particular customers as well as customary terms and 
conditions;
    g. information about DMIA's international marketing efforts and 
promotional activities undertaken by DMIA on behalf of its Members;
    h. information about orders received by DMIA; and
    i. information about the independent export operations of DMIA 
Members regarding the products specified herein, including but not 
limited to, sales and distribution networks established by DMIA 
Members, and prior export sales (including foreign customer and export 
price information).
    6. Jointly sponsor promotional, sales and marketing efforts aimed 
at developing existing or new Export Markets.
    7. Provide through DMIA Export Trade Facilitation Services to 
assist the export of Members' specified dairy commodities.
    8. Share among the Members, on a proportionate basis, the profits 
or losses resulting from an export sale through DMIA, and the cost of 
Export Trade Facilitation Services.
    9. Select a member to negotiate and arrange for transportation of 
the subject commodity.
    10. Reimburse through DMIA the transport costs expended by the DMIA 
Member responsible for transporting the commodities for a particular 
export sale transacted through DMIA's clearing services, where such 
transport costs are shared by the Members on a proportional basis.
    11. Meet to engage in the activities described in paragraphs one 
through ten above.
    12. Utilize staff of the Wisconsin Federation of Cooperatives or, 
as needed the staff of a similar outside organization to implement the 
activities described in paragraphs one through eleven above.
    13. Refuse to provide export clearing services and participation in 
the other activities described in paragraphs one through twelve above 
to non-members.

    Dated: January 23, 1997.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 97-2112 Filed 1-28-97; 8:45 am]
BILLING CODE 3510-DR-P