[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12907]
[[Page Unknown]]
[Federal Register: May 26, 1994]
VOL. 59, NO. 101
Thursday, May 26, 1994
DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of application to amend certificate.
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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 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 whether an amended 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, 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 84-6A012.''
Northwest Fruit Exporters' (``NFE'') original Certificate was
issued on June 11, 1984 (49 FR 24581, June 14, 1984) and previously
amended on May 2, 1988 (53 FR 16303, May 6, 1988), September 21, 1988
(53 FR 37628, September 27, 1988); September 20, 1989 (54 FR 39454,
September 26, 1989); and November 19, 1992 (57 FR 55510, November 25,
1992). A summary of the application for an amendment follows.
Summary of the Application
Applicant: Northwest Fruit Exporters (``NFE''), 6 South 2nd Street,
Suite 918, Yakima, Washington 98907
Contact: Ken Severn, Secretary/Treasurer, Telephone: (509) 453-4837
Application No.: 84-6A012
Date Deemed Submitted: May 18, 1994
Proposed Amendment: Northwest Fruit Exporters seeks to amend its
Certificate to:
1. Add each of the following companies as a new ``Member'' of the
Certificate within the meaning of Sec. 325.2(1) of the Regulations (15
CFR 325.2(1)): Allan Bros., Inc., Naches, Washington; Baker Produce,
Inc., Kennewick, Washington; Bardin Farms Corp., Monitor Washington;
Beebe Orchard Company, Chelan, Washington; Blue Chelan, Inc., Chelan,
Washington; Blue Star Growers, Inc., Cashmere, Washington; Borton &
Sons, Yakima, Washington; Brewster Heights Packing, Brewster,
Washington; Broetje Orchards, Prescott, Washington; Earl E. Brown &
Sons, Inc., Milton-Freewater, Oregon; Carlson Orchards, Yakima,
Washington; Chief Tonasket Growers, Tonasket, Washington; Clasen Fruit
& Cold Storage Co., Yakima, Washington; Columbia Marketing
International Corp., Wenatchee, Washington; Congdon Orchards, Inc.,
Yakima, Washington; Cowiche Growers, Inc., Cowiche, Washington; Cowin &
Sons, Wapato, Washington; Crisp'n Spicy Growers, Inc., Pateros,
Washington; Cubberley Packing Co., Inc., Tieton, Washington; Double
Diamond Fruit, Quincy, Washington; Douglas Fruit Co., Pasco,
Washington; Dovex Export Co., Wenatchee, Washington (controlling
entity: Dovex Corporation); Dovex Fruit Company, Wenatchee, Washington
(controlling entity: Dovex Corporation); Duckwall-Pooley Fruit Co.,
Odell, Oregon; E.W. Brandt & Sons Inc., Parker, Washington; Eakin Fruit
Co., Union Gap, Washington; Evans Fruit Co., Inc., Yakima, Washington;
Gilbert Orchards, Inc., Yakima, Washington; Gold Digger Apples, Inc.,
Oroville, Washington; Gwin, White & Prince Inc., Wenatchee, Washington;
H & H Orchards Packing, Inc., Malaga, Washington; Haas Fruit Co., Inc.,
Yakima, Washington (controlling entity: John I. Haas, Inc.); Highland
Fruit Growers, Inc., Yakima, Washington; Holt and Robison Fruit Co.,
Inc., Omak, Washington; Jack Frost Fruit Co., Yakima, Washington;
Johnny Appleseed of WA/CRO Fruit Co., Wenatchee, Washington; Jones
Fruit & Produce, Inc., Cashmere, Washington; Jones Orchards, Yakima,
Washington (controlling entity: Warren Jones Co.); Kershaw Fruit & Cold
Storage, Yakima, Washington; Larson Fruit Co., Selah, Washington; Lloyd
Garretson Co., Inc., Yakima, Washington; M & J Fruit Sales, Yakima,
Washington; Magi, Inc., Brewster, Washington; Majestic Valley Produce,
Wenatchee, Washington; Manson Growers Cooperative, Manson, Washington;
Matson Fruit Company, Selah, Washington; McDougall & Sons, Inc.,
Wenatchee, Washington; Naumes, Inc., Medford, Oregon; Nickell Orchards,
Pateros, Washington; Northwestern Fruit & Produce Co., Yakima,
Washington; Nuchief Sales Inc., Wenatchee, Washington; Orchard View
Farms, The Dalles, Oregon; Oro Fruit Company, Oroville, Washington;
Pacific Fruit Growers & Packers, Inc., Yakima, Washington; Perham Fruit
Corp., Wapato, Washington; Peshastin Fruit Growers Assn., Peshastin,
Washington; Peshastin Hi-Up Growers, Peshastin, Washington; Phillippi
Fruit Co., Inc., Wenatchee, Washington; Pine Canyon Fruit Co., Inc.,
Orondo, Washington; Poirier Packing & Warehouse, Pateros, Washington;
Price Cold Storage, Yakima, Washington; R.E. Redman & Sons, Inc.,
Wapato, Washington; Rainier Fruit Sales, Selah, Washington; Regal Fruit
Cooperative, Tonasket, Washington; Roche Fruit Company, Inc., Yakima,
Washington; Rowe Farms, Naches, Washington; Strand Apples, Inc.,
Cowiche, Washington; Sun King Fruit, Sunnyside, Washington; Sund-Roy,
Inc., Yakima, Washington; Taplett Fruit Packing Inc., Wenatchee,
Washington; Trout, Inc., Chelan, Washington; Valicoff Fruit Company,
Inc., Wapato, Washington; Valley Fruit, Wapato, Washington; Wapato
Fruit, Wapato, Washington; Wells & Wade Fruit Co., Wenatchee,
Washington (controlling entity: Dole Food Co., Inc.); Witte Orchards,
E. Wenatchee, Washington; and Zirkle Fruit Co., Selah, Washington;
2. Delete the following company as a ``Member'' of the Certificate:
Columbia Reach Pack, Yakima, Washington;
3. Change the listing of the company name for each current
``Member'' cited in this paragraph to the new listing cited in this
paragraph in parenthesis as follows: Auvil Fruit Company (Auvil Fruit
Co., Inc.); Cascadian Fruit Shippers, Cascadian Fruit Shippers, Inc.);
Columbia Fruit Packers (Columbia Fruit Packers, Inc.); Hansen Fruit &
Cold Storage (Hansen Fruit & Cold Storage Co.); C.M. Holtzinger Company
(C.M. Holtzinger Fruit Co., Inc.); Stemilt Growers (Stemilt Growers,
Inc.); and Washington Fruit & Produce (Washington Fruit & Produce Co.);
4. Change the definition of ``Products'' to include ``fresh
apples'' making the Certificate applicable to the export of fresh sweet
cherries and apples by NFE and its Members, on behalf of the Members;
5. Revise the ``Export Trade Activities and Methods of Operation''
in NFE's Export Trade Certificate of Review. The revised ``Export Trade
Activities and Methods of Operation'' should read as follows:
1. NFE may on behalf and with the advice of its Members advise and
cooperate with the United States Government in establishing procedures
regulating the export of the Products, and fulfilling the
requirement(s) imposed by foreign governments for export of the
Products;
2. NFE may on behalf and with the advice of its Members participate
in negotiations and enter into agreements with foreign governments and
private persons regarding:
(a) Fumigating, packing and other quality control and/or
phytosanitary procedures to be followed in the export of the Products.
Such procedures may include activities related to insect and disease
detection, certification, inspection, storage and treatment protocols
required to qualify goods for export shipment and to meet the import
requirements of the foreign government;
(b) The quantities, time periods, prices and terms and conditions
upon which NFE's Members will export the Products;
3. NFE may on behalf and with the advice of its Members, establish
and operate fumigation facilities for use in the export of the
Products;
4. NFE may on behalf and with the advice of its Members establish
export prices and quotas and allocate export quotas among growing
regions and its Members. In allocating export quotas among growing
regions and its Members, NFE, through employees or agents of NFE who
are not also employees of a Member, may receive, and each Member may
supply to such employees or agents of NFE, information as to such
Member's actual total shipments of the Products in any previous growing
season or seasons, provided that such information is not disclosed by
NFE to any other Member;
5. NFE may on behalf and with advice of its Members establish and
administer phytosanitary protocols for the purpose of qualifying the
Products for Export Markets;
6. NFE may on behalf and with the advice of its Members provide
market entry and development assistance, including related
administrative and promotional services, to its Members;
7. NFE may on behalf and with the advice of its Members negotiate
and enter into agreements with providers of transportation services for
export of the Products;
8. NFE may on behalf and with the advice of its Members establish
methods and/or rates of fees and assessments to its membership to
recover administrative expenses and costs related to qualifying and
preparing the Products for export;
9. NFE may on behalf and with the advice of its Members develop
internal procedures and disseminate information to Members to assist
the membership in meeting the criteria established for exportation of
the Products;
10. NFE may on behalf and with the advice of its Members coordinate
activities of growers and packers in the process of qualifying their
goods throughout the various stages of growing, harvesting, grading,
packing, packaging, labeling, storage, and treatment in readying the
goods for export shipment;
11. NFE may on behalf and with the advice of its Members allocate
volume shares amongst Members for shipment of goods, use of facilities,
use of time of domestic and foreign inspection personnel, and other
resources of the applicant;
12. NFE may on behalf and with the advice of its Members conduct
quality control studies and inspections of goods at point of shipment,
point of arrival, and through retail level.
6. Revise Provision (d) listed under ``Terms and Conditions of
Certificate'' in NFE's current Export Trade Certificate of Review. The
revised Provision should read as follows:
(d) NFE will comply with requests made by the Department of
Commerce on behalf of itself or the Department of Justice for
information or documents relevant to conduct under the Certificate.
The Department of Commerce will request such information or
documents when either the Department of Justice or the Department of
Commerce believes it requires the information or documents to
determine that the Export Trade, Export Trade Activities or Methods
of Operation of the persons protected by this Certificate of Review
continue to comply with the standards of section 303(a) of the Act;
7. Revise the ``Protection Provided by Certificate'' paragraph.
That paragraph should read as follows:
This Certificate protects NFE and its directors, officers, and
employees acting on its behalf, as well as its Members, from private
treble damage actions and government criminal and civil suits under
U.S. federal and state antitrust laws for the export conduct
specified in the Certificate and carried out during its effective
period in compliance with its terms and conditions;
8. Revise the ``Effective Period by Certificate'' paragraph. That
paragraph should read as follows:
This Certificate continues in effect until it is revoked or
modified as provided in section 304(b) of the Act and Sec. 325.9 of
the Regulations; and
9. Revise the ``Disclaimer'' paragraph. That paragraph should read
as follows:
The issuance of this Certificate of Review to NFE and its
Members by the United States Government under the provisions of the
Act, does not constitute, explicitly or implicitly, an endorsement
or opinion of the United States Government concerning either (a) the
viability or quality of the business plans of NFE or (b) the
legality of such business plans of NFE under the laws of the United
States (other than as provided in the Act) or under the laws of any
foreign country. This Certificate does not apply to sales to the
United States Government or to any sale more than half the cost of
which is borne by the United States Government.
In accordance with the authority granted under the Act and
Regulations, this Certificate of Review is hereby issued to NFE.
Dated: May 20, 1994.
Friedrich R. Crupe,
Deputy Director, Office of Export Trading Company Affairs.
[FR Doc. 94-12907 Filed 5-25-94; 8:45 am]
BILLING CODE 3510-25-P
