[Federal Register Volume 59, Number 161 (Monday, August 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20545]
[[Page Unknown]]
[Federal Register: August 22, 1994]
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DEPARTMENT OF COMMERCE
International Trade Administration, Commerce
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Amended Export Trade Certificate of
Review, Application No. 84-6A012.
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SUMMARY: The Department of Commerce has issued an amendment to the
Export Trade Certificate of Review granted to Northwest Fruit Exporters
(``NFE'') on June 11, 1984. Notice of issuance of the Certificate was
published in the Federal Register on June 14, 1984 (49 FR 24581).
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. Sections 4001-21) authorizes the Secretary of
Commerce to issue Export Trade Certificates of Review. The regulations
implementing Title III are found at 15 CFR Part 325 (1993).
The Office of Export Trading Company Affairs is issuing this notice
pursuant to 15 CFR 325.6(b), which requires the Department of Commerce
to publish a summary of a Certificate in the Federal Register. Under
Section 305(a) of the Act and 15 CFR 325.11(a), any person aggrieved by
the Secretary's determination may, within 30 days of the date of this
notice, bring an action in any appropriate district court of the United
States to set aside the determination on the ground that the
determination is erroneous.
Description of Amended Certificate
Export Trade Certificate of Review No. 84-00012, was issued to NFE
on June 11, 1984 (49 FR 24581, June 14, 1984) and previously amended on
May 2, 1988 (53 FR 16306, 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).
NFE's Export Trade Certificate of Review has been amended 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 fresh 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'' reads as follows:
1. With respect to fresh sweet cherries and fresh apples:
a. NFE may on behalf and with the advice of its Members advise and
cooperate with the United States Government in (i) establishing
procedures regulating the export of the Products, and (ii) fulfilling
the phytosanitary and/or funding requirements imposed by foreign
governments for export of the Products.
b. NFE may on behalf and with the advice of its Members participate
in negotiations and enter into agreements with foreign buyers
(including governments and private persons) regarding:
(i) 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;
(ii) the quantities, time periods, prices and terms and conditions,
in connection with actual or potential bona fide export opportunities,
upon which NFE's Members will export the Products.
c. NFE may on behalf and with the advice of its Members establish
and operate fumigation facilities for use in the export of the
Products.
d. NFE may on behalf and with the advice of its Members establish
and administer phytosanitary protocols for the purpose of qualifying
the Products for Export Markets.
e. 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.
f. 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.
g. NFE may recover administrative expenses and costs related to
qualifying and preparing Members' Products for export through fees and
assessments allocated to each Member on a pro-rata share basis or any
other non discriminatory method. If a Member objects to the method of
allocating expenses and costs, the Member shall be entitled to be
charged on the basis of actual expenses incurred.
h. NFE may on behalf and with the advice of its Members develop
internal operational procedures and disseminate information to Members
to assist the membership in meeting the criteria established by foreign
governments for exportation of the Products.
i. NFE may on behalf and with the advice of its Members engage in
such activities as are necessary to ensure that the activities of
growers and packers during the various stages of growing, harvesting,
grading, packing, packaging, labeling, storage, and treatment meet the
requirements established by a relevant foreign government so that the
Members' goods will qualify for importation into the country subject to
such requirements.
j. NFE may on behalf and with the advice of its Members allocate
the capacity of facilities, time of domestic and foreign inspection
personnel, and other resources of NFE amongst the Members engaged in
the shipment of Products for export, provided that such allocations are
based on shipment quantities or other non-discriminatory criteria.
k. NFE may on behalf and with the advice of its Members conduct
quality control studies and inspections of goods for export at point of
shipment, point of arrival, and through the retail level.
2. With respect to fresh sweet cherries only, 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 export
shipments of fresh sweet cherries in any previous growing season or
seasons, provided that such information is not disclosed by NFE to any
other Member.
3. With respect to fresh apples only:
a. 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 connection with actual or potential bona
fide export opportunities, provided that each Member shall remain free
to deviate from established prices by whatever amount it sees fit.
b. 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,
information as to such Member's actual total export shipments of fresh
apples in any previous growing season or seasons, provided that such
information is not disclosed by NFE to any other Member, except in a
coded form to members of the Board of Directors for use only at
meetings and in connection with other official activities of the Board.
c. NFE, through employees or agents of NFE who are not also
employees of a Member, may receive, and each Member shall supply, the
quantity it will offer for export, without the Member or NFE
intentionally disclosing, directly or indirectly, the quantity to any
other Member, except in a coded form to members of the Board of
Directors for use only at meetings and in connection with other
official activities of the Board.
6. Revise ``Terms and Conditions of Certificate'' to read as
follows:
(a) Except as provided in the second sentence of paragraph 2 and in
paragraphs 3(b) and 3(c) of the Export Trade Activities and Methods of
Operation, a Member of NFE shall not intentionally disclose, directly
or indirectly, to NFE or to any other Member any information about its
own costs, output, capacity, inventories, domestic prices, domestic
sales, domestic orders, terms of domestic marketing or sale, or U.S.
business plans, strategies or methods that is not already generally
available to the trade or public.
(b) Export prices for the Products established by NFE shall not be
expressed by NFE to individual Members in a form that sets out
separately the values of components of such prices, except that export-
specific components of export prices such as fees, commissions and
charges payable to NFE, foreign sales agents, and transportation
companies may be set out separately.
(c) Meetings at which the Board of Directors of NFE establishes
quotas, the allocation of quotas among Members, and export prices shall
not be open to the public or to Members of NFE not represented on the
Board of Directors.
(d) NFE and its Members will comply with requests made by the
Secretary of Commerce on behalf of the Secretary or 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 a person protected by this Certificate of Review continue to comply
with the standards of section 303(a) of the Act.
(e) Participation by a Member in any Export Trade Activity or
Method of Operation under the Certificate shall be entirely voluntary
as to that Member, subject to the honoring of all phytosanitary and/or
funding requirements by foreign governments for specific export
transactions. A member may withdraw from coverage under the Certificate
at any time by giving written notice to NFE. NFE will give notice of
any such withdrawal by a Member to the Secretary of Commerce and the
Attorney General in the next annual report by NFE.
(f) With respect to fresh apples only:
a. Each Member shall determine independently of other Members the
quantity of fresh apples it will offer to export or sell through NFE;
b. NFE may not solicit from any Member specific quantities for
export or require any Member to export any minimum quantity of fresh
apples.
7. Revise ``Definitions'' to read as follows:
``Member'' within the meaning of Sec. 325.2(l) of the Regulations
means the member companies of NFE set out in Attachment A and
incorporated by reference.
``Coded form'' means a form that does not disclose the identity of
a Member.
A copy of the amended certificate will be kept in the International
Trade Administration's Freedom of Information Records Inspection
Facility, Room 4102, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230.
Dated: August 16, 1994.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 94-20545 Filed 8-19-94; 8:45 am]
BILLING CODE 3510-DR-P
