[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Pages 32772-32773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16043]
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DEPARTMENT OF COMMERCE
Export Trade Certificate of Review; 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: 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.
An interim Certificate of Review was issued to Farmers' Rice
Cooperative (``FRC'') on March 12, 1984 (49 FR 9762, March 15, 1984).
The final Certificate was issued on May 10, 1984 (49 FR 20890, May 17,
1984) and an amendment to the Certificate was issued on August 30, 1985
(50 FR 36126, September 5, 1985). A summary of the application for an
additional amendment follows.
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-A0005.''
Summary of the Application:
Applicant: Farmers' Rice Cooperative, 2525 Natomas Park Drive, P.O.
Box 15223, Sacramento, California 9581-0223.
Contact: Loyd W. McCormick, Esquire, Telephone: (415) 393-2130.
Application No.: 84-A0005.
Date Deemed Submitted: June 11, 1996.
Proposed Amendment: FRC seeks to amend its Certificate to:
1. Add as ``Members'' the following companies: American Rice, Inc.
of Houston, Texas (Controlling Entity: ERLY Industries Inc. of Los
Angeles, California) and California Pacific Rice Milling, Ltd. of
Arbuckle, California.
2. Delete the following companies as ``Members'': Comet Rice of
California, Inc.; Pacific International Rice Mills, Inc.; and C. E.
Grosjean Milling Company.
3. Amend the ``Export Trade Activities and Methods of Operation'',
to read as follows: (1) Farmers' Rice Cooperative may, on a
transaction-by-transaction basis, join with any or all of the Members
to bid for the sale of, and to sell, California rice and rice products
to the Export Markets.
(2) For each bid or sale, Farmers' Rice Cooperative and/or one or
more of the Members may negotiate and agree on the terms of their
participation in the bid or sale, including the amount of California
rice and rice products each will commit to the sale and the price to be
bid, and, in order to negotiate those terms, may exchange:
(a) information (other than information about the costs, output,
capacity, inventories, domestic prices, domestic sales, domestic
orders, terms of domestic marketing or sale or United States business
plans, strategies or methods of Farmers' Rice Cooperative or any other
Member) that is already generally available to the trade or public,
(b) information (such as selling strategies, prices, projected
demand, and customary terms of sale) solely about the Export Markets,
and
(c) information on expenses specific to exporting 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
[[Page 32773]]
sales documentation and service, and export sales financing).
(3) Farmers' Rice Cooperative may negotiate with the Members to
provide, and may provide, the storage, shipping and delivery, and
associated services needed for each sale.
(4) Farmers' Rice Cooperative and/or one or more of the Members
may, with respect to each bid, refuse to include in their bid any other
company having rice and rice products for export.
(5) Farmers' Rice Cooperative may solicit Non-member Suppliers to
sell their Products through the certified activities of Farmers' Rice
Cooperative and its Members.
4. Under the heading ``Terms and Conditions of Certificate'',
delete section (a) and replace sections (b) and (c) with the following:
(a) Except as provided in paragraph (2) above, Farmers' Rice
Cooperative and the Members shall not intentionally disclose, directly
or indirectly, to each other or to any Non-member Supplier any
information about their costs, output, capacity, inventories, domestic
prices, domestic sales, domestic orders, terms of domestic marketing or
sale, or United States business plans, strategies, or methods that is
not already generally available to the trade or public.
(b) Farmers' Rice Cooperative and the Members will comply with
requests made by the Department of Commerce on behalf of the Secretary
of Commerce or the Department of Justice on behalf of the Attorney
General for information or documents relevant to conduct under the
Certificate. The Secretary of Commerce will request such information or
documents when either the Attorney General or the Secretary of Commerce
believes that the information or documents are required to determine
that the Export Trade, Export Trade Activities or Methods of Operation
of an entity protected by this Certificate of Review continue to comply
with the standards of Section 303(a) of the Act.
5. Delete the heading ``Members'' and its accompanying text.
6. Add a new heading, ``Definitions'', with the following text: (1)
Members, within the meaning of Section 325.2(l) of the Regulations,
means American Rice, Inc. and California Pacific Rice Milling, Ltd.
Firms may withdraw from Member status by notifying the Department of
Commerce in writing.
(2) Non-member Supplier shall mean any producer (including farmers
and farm cooperatives), miller, or broker of California rice and rice
products, apart from Farmers' Rice Cooperative, American Rice, Inc.,
and California Pacific Rice Milling, Ltd.
Dated: June 19, 1996.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 96-16043 Filed 6-24-96; 8:45 am]
BILLING CODE 3510-DR-P
