[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29634]
[[Page Unknown]]
[Federal Register: December 2, 1994]
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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, 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,
(202) 482-5131. 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 of whether a Secretary of Commerce should issue a
Certificate to the applicant. An original and five (5) copies of such
comments 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,
D.C. 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 94-00007.''
Summary of the Application
Applicant: Florida Citrus Exports, L.C., 74th Avenue, Vero Beach,
Florida 32966.
Contact: Mr. John M. Himmelberg, Esquire, Telephone: (202) 955-
3000.
Application No.: 94-00007.
Date Deemed Submitted: November 16, 1994.
Members (in addition to applicant): Florida Fresh Citrus Sales,
Inc., Wabasso, Florida; Golden River Fruit Co., Vero Beach, Florida;
Leroy E. Smith's Sons, Inc., Vero Beach, Florida; Ocean Spray
Cranberries, Inc., Vero Beach, Florida; Seald-Sweet Growers, Inc., Vero
Beach, Florida.
Florida Fresh Citrus Sales, Inc. seeks a Certificate to cover the
following specific Export Trade, Export Markets, and Export Trade
Activities and Methods of Operations.
Export Trade
1. Products. Fresh, frozen and processed citrus and citrus
products.
2. Services. Inspection, quality control, marketing and promotional
services.
3. Technology Rights. Proprietary rights to all technology
associated with Products or Services, including, but not limited to:
patents, trademarks, service marks, trade names, copyrights, trade
secrets, and know-how.
4. Export Trade Facilitation Services (as they relate to the export
of Products, Services and Technology Rights).
All export trade-related facilitation services, including, but not
limited to: Consulting and trade strategy; sales and marketing; export
brokerage; foreign marketing research; foreign market development;
overseas advertising and promotion; product research and design based
on foreign buyer and consumer preferences; communication and processing
of export orders; inspection and quality control; transportation;
freight forwarding and trade documentation; insurance; billing of
foreign buyers; collection (letters of credit and other financial
instruments); provision of overseas sales and distribution facilities
and overseas sales staff; legal, accounting and tax assistance;
management information systems development and application; assistance
and administration of government export assistance programs, such as
the Export Enhancement and Market Promotion programs.
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 Operation
In connection with the promotion and sale of Members' Products into
the Export Markets, the FCE and/or one or more of its Members may:
1. Design and execute foreign marketing strategies for its Export
Markets;
2. Prepare joint bids, establish export prices for Members'
Products and Services and establish terms of sale in the Export
Markets;
3. Allocate export sales, international buyers and/or export
markets among Members on the basis of each Member's independent
commitment of Products, and/or its individual export marketing plan in
relation to FCE's corporate plan;
4. Grant sales and distribution rights for the Products, whether or
not exclusive, into designated Export Markets to foreign agents or
importers (``exclusive'' meaning that the FCE and Members may agree not
to sell the Products into the designated Export Markets through any
other foreign distributor, and that the foreign distributor may agree
to represent only FCE in the Export Markets and none of its
competitors);
5. Design, develop and market generic corporate labels;
6. Engage in joint promotional activities directly targeted at
developing the Export markets, such as: arranging trade shows and
marketing trips; providing advertising services; providing brochures,
industry newsletters and other forms of product, service and industry
information; conducting international market and product research;
procuring international marketing, advertising and promotional
services; and sharing the cost of these joint promotional activities
among the Members;
7. Conduct product and packaging research and development
exclusively for the export of the Products, such as meeting foreign
regulatory requirements and foreign buyer specifications and
identifying and designing for foreign buyer and consumer preferences;
8. Negotiate and enter into agreements with governments and other
foreign persons regarding non-tariff trade barriers in the Export
Markets, such as packaging requirements, establishing and operating
fumigation facilities and providing specialized packing operations and
other quality control procedures to be followed by its Members in the
export of Products into the Export Markets;
9. Advise and cooperate with agencies of the U.S. Government in
establishing procedures regulating the export of Members' Products,
Services and/or Technology Rights into the Export Markets;
10. Negotiate and enter into purchase agreements with buyers in the
Export Markets regarding the export prices, quantities, type and
quality of Products, time periods, and the terms and conditions of
sale;
11. Broker or take title to the Products;
12. Purchase Products from non-Member producers whenever necessary
to fulfill specific sales obligations;
13. Solicit non-Member producers to become Members;
14. Communicate and process export orders;
15. Assist each Member in maintaining the quality standards
necessary to be successful in the Export Markets;
16. Provide Export Trade Facilitation Services with respect to
Products, Services and Technology Rights;
17. Provide, procure, negotiate, contract and administer
transportation services for Products in the course of export, including
overseas freight transportation, inland freight transportation from the
packing house to the U.S. port of embarkment, leasing of transportation
equipment and facilities, storage and warehousing, stevedoring,
wharfage and handling, insurance, forwarder services, trade
documentation and services, customs clearance, financial instruments
and foreign exchange;
18. Negotiate freight rate contracts with individual carriers and
carrier conferences either directly or indirectly through shippers
associations and/or freight forwarders;
19. Arrange financing through bank holding companies, governmental
financial assistance programs and other arrangements;
20. Bill and collect from foreign buyers and provide accounting,
tax, legal and consulting assistance and services;
21. Enter into exclusive agreements with Non-Members to provide
Export Trade Services and Trade Facilitation Services;
22. Design, implement and administer Foreign Sales Corporations in
accordance with the Internal Revenue Code;
23. Open and operate overseas sales and distribution offices and
companies to facilitate the sales and distribution of the Products in
the Export Markets;
24. Apply for and utilize applicable export assistance and
incentive programs which are available within the governmental and
private sectors, such as the USDA Export Enhancement and Market
Promotion programs;
25. Negotiate and enter into agreements with governments and
foreign persons to develop countertrade arrangements;
26. Refuse to deal with or provide quotations to other Export
Intermediaries for sales of the Members' Products into the Export
Markets;
27. Require common marking and identification of its Members'
Products sold in the Export Markets;
28. Exchange information with and among the Members as necessary to
carry out the Export Trade Facilitation Services and Export Trade
Activities and Methods of Operation, including:
(a) Information about sales and marketing efforts and strategies in
the Export Markets, including pricing; projected demand in the Export
Markets for Products; customary terms of sale, prices and availability
of Products independently committed by Members for sales in the Export
Markets; prices and sales of Products in the Export Markets; and
specifications by buyers and consumers in the Export Markets;
(b) Information about the price, quality, quantity, source and
delivery dates of Products available from the Members for export;
(c) Information about terms and conditions of contracts for sales
in the Export Markets to be considered and/or bid on by the FCE;
(d) Information about joint bidding, selling arrangements for the
Export Markets and the allocations of export sales resulting from such
arrangements among the Members' including information regarding the
allocation methods used and each Member's percentage of the total
committed volume of all Members;
(e) Information about expenses specific to exporting to and within
the Export Markets, including transportation, transshipments,
intermodal shipments, insurance, inland freight to port, port storage,
commissions, export sales, documentation, financing and customs duties
or taxes;
(f) Information about U.S. and foreign legislation and regulations,
including Federal marketing order programs that may affect sales to the
Export Markets; and
(g) Information about the FCE's or its Members' export operations,
including sales and distribution networks established by the FCE or its
Members in the Export Markets, and prior export sales by Members,
including export price information.
Each Member will independently determine the quantity of the
Products that it will make available for direct sale into the Export
Markets. Members will be responsible for advising the FCE in a timely
manner regarding the Products to be made available for export, and the
quantities and time periods in which they will be made available.
Dated: November 28, 1994.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 94-29634 Filed 12-1-94; 8:45 am]
BILLING CODE 3510-DR-P
