01-28606. Export Trade Certificate of Review

ACTION:

Notice of application to amend certificate.

SUMMARY:

The Office of Export Trading Company Affairs (“OETCA”), International Trade Administration, Department of Commerce, has received an application to amend an Export Trade Certificate of Review. This notice summarizes the proposed amendment and requests comments relevant to whether the amended Certificate should be issued.

FOR FURTHER INFORMATION CONTACT:

Vanessa M. Bachman, Acting Director, Office of Export Trading Company Affairs, International Trade Administration by phone at [phone] (this is not a toll-free number) or E-mail at [e-mail].

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 an amended 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 privileged or confidential business information will be deemed to be nonconfidential. An original and five copies, plus two copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice in writing to: Office of Export Trading Company Affairs, International Trade Administration, Department of Commerce, Room 1104H, Washington, DC 20230, or transmit by E-mail to [e-mail]. 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 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 97-5A003.”

The Association for the Administration of Rice Quotas, Inc. (“AARQ”) original Certificate was issued on January 21, 1998 (63 FR 4220, January 28, 1998) and last amended on April 5, 2001, (66 FR 21368, April 30, 2001). A summary of the application for an amendment follows.

Summary of the Application

Applicant: The Association for the Allocation of Rice Quotas, Inc. (“AARQ”), c/o Ludovico Manfredi, Newfieldrice, Inc., PO Box 310518, Miami, Florida 33231-0578.

Contact: M. Jean Anderson, Esquire, Telephone: [phone].

Application No.: 97-5A003.

Date Deemed Submitted: November 7, 2001.

Proposed Amendment: AARQ seeks to amend its Certificate to:

1. Add the following companies as new “Members” of the Certificate within the meaning of § 325.2(1) of the regulations (15 CFR 325.2(1)): Rickmers Rice USA, Inc., St. Louis, Missouri (Controlling Entity: Rickmers Reismuhb GMBH, Bremen, Germany;) Commodity Specialists Company, Minneapolis, Minnesota;

2. Delete the following companies as “Members” of the Certificate within the meaning of § 325.2(1) of the regulations (15 CFR 325.2(1)): Affiliated Rice Milling, Inc., Alvin, Texas; Garnac Grain Co., Inc., Overland Park, Kansas;

3. Change the listings of the names of the current Members as follows: “AFE (USA), Inc., Houston, Texas” to “AFE (USA), Inc., Portland, Oregon;” “California Pacific Rice Milling, Ltd., Arbuckle, California” to “CAL PAC Investments, LLC dba California Pacific Rice Milling, Woodland, California; “ “Glencore Ltd., Stamford, Connecticut (a subsidiary of Glencore International AG), for the activities of Glencore Grain Division and Glencore Ltd.”s subsidiary, LaGrain International Inc., Baton Rouge, Louisiana;” should be amended to read “Glencore Ltd., Stamford, Connecticut (a subsidiary of Glencore International AG), for the activities of Glencore Grain Division.”

Dated: November 9, 2001.

Vanessa M. Bachman,

Acting Office Director.