[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Notices]
[Pages 25681-25682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10414]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application 12-00002]


Export Trade Certificate of Review

ACTION: Notice of Application for an Export Trade Certificate of Review 
SunWest Foods, Inc.

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SUMMARY: The Office of Competition and Economic Analysis, International 
Trade Administration, Department of Commerce, has received an 
application for an Export Trade Certificate of Review 
(``Certificate''). 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: Joseph Flynn, Director, Office of 
Competition and Economic Analysis, International Trade Administration, 
(202) 482-5131 (this is not a toll-free number) or email at 
<a href="/cdn-cgi/l/email-protection#92f7e6f1f3d2e6e0f3f6f7bcf5fde4"><span class="__cf_email__" data-cfemail="dbbeafb8ba9bafa9babfbef5bcb4ad">[email protected]</span></a>.

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. An Export Trade 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 Export Trading Company 
Act of 1982 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 a 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 (5) copies, plus two (2) copies of the 
nonconfidential version, should be submitted no later than 20 days 
after the date of this notice to: Export Trading Company Affairs, 
International Trade Administration, U.S. Department of Commerce, Room 
7021X, Washington, DC 20230, or transmitted by email at <a href="/cdn-cgi/l/email-protection#98fdecfbf9d8eceaf9fcfdb6fff7ee"><span class="__cf_email__" data-cfemail="bcd9c8dfddfcc8ceddd8d992dbd3ca">[email protected]</span></a>.
    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 12-00002.'' A summary of the application 
follows.

Summary of the Application

    Applicant: SunWest Foods, Inc., 1550 Drew Avenue, Suite 150, Davis, 
California 95618.
    Application No.: 12-00002.
    Date Deemed Submitted: April 17, 2012.
    Members (in addition to applicant): SunWest Milling Company, Inc. 
(``SWM'') is to be a member that also will be covered by and receive 
the protections from the proposed Certificate. SWM's principal address 
is 507 Bannock Street, Biggs, California 95917. SWM and SWF are both 
privately-held companies owned by the Errecarte family. SWM and SWF are 
affiliated through common ownership and management.
    SunWest seeks a Certificate of Review to engage in the Export Trade 
Activities and Methods of Operation described below in the following 
Export Trade and Export Markets:

Export Trade

    Products: SWF proposes to export under the Certificate, directly 
and through other suppliers, rice and rice products, including, but not 
limited to: rough rice; brown rice; milled, under milled, and 
unpolished rice, coated rice; oiled rice; enriched rice; rice bran; 
polished rice, head rice; broken rice; second head rice; brewers rice; 
screenings; and rice flour. The purpose and use of these foods products 
are for human consumption. The NAICS codes that best describes SWF's 
goods and services is 424490 (Other Grocery and Related Products 
Merchant Wholesalers). The NAICS Codes that best describe SWM's 
services are 311212 (Rice Milling) and 115114 (Postharvest Crop 
Activities).
    Services: All services related to the export of Products.

[[Page 25682]]

    Technology Rights: All intellectual property rights associated with 
Products or Services, including, but not limited to: patents, 
trademarks, services marks, trade names, copyrights, neighboring 
(related) rights, trade secrets, know-how, and confidential databases 
and computer programs.
    Export Trade Facilitation Services (as They Relate to the Export of 
Products): Export Trade Facilitation Services, including but not 
limited to: Consulting and trade strategy, converting harvest rice to 
marketable finished rice products via the drying, storage, milling, and 
packaging processes; arranging and coordinating delivery of rice and 
rice products to port of export; arranging for inland and/or ocean 
transportation; allocating rice and rice products to vessel; arranging 
for storage space at port; arranging for warehousing, stevedoring, 
wharfage, handling, inspection, fumigation, and freight forwarding; 
insurance and financing; documentation and services related to 
compliance with customs' requirements; sales and marketing; export 
brokerage; foreign marketing and analysis; foreign market development; 
overseas advertising and promotion; rice and rice products research and 
design based upon foreign buyer and consumer preferences; inspection 
and quality control; shipping and export management; export licensing; 
provisions of overseas sales and distribution facilities and overseas 
sales staff; legal; accounting and tax assistance; development and 
application of management information systems; trade show exhibitions; 
professional services in the area of government relations and 
assistance with federal and state export assistance programs (e.g., 
Export Enhancement and Market Promotion programs); collaborating with 
other rice suppliers and rice marketers; invoicing (billing) foreign 
buyers; collecting (letters of credit and other financial instruments) 
payment for rice and rice products; and arranging for payment of 
applicable commissions and fees.

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 Operations

    To engage in Export Trade in the Export Markets, SunWest Foods, 
Inc. and its affiliated company, SunWest Milling Company, Inc. 
(collectively ``SunWest'') may:
    1. Exchange information with Suppliers or other entities 
individually regarding availability of and prices for Products for 
export, and inventories and near-term production and delivery schedules 
for purposes of determining the availability of Products for purchase 
and export, and coordinating export of Products with its distributors, 
customers, and other Suppliers in the Export Markets;
    2. Confer with Suppliers about the possibility of offers to 
purchase and offers to sell by SunWest for specific export sales 
opportunities;
    3. Process other Supplier's harvest rice to marketable finished 
Products for Export Markets via drying, storage, milling, and packaging 
processes;
    4. Solicit other Suppliers to offer/sell Products to SunWest for 
subsequent sales into Export Markets;
    5. Solicit other Suppliers to purchase Products from SunWest, but 
only to the extent such Products are then directly sold into Export 
Markets;
    6. Solicit orders from potential foreign distributors and 
purchasers for sale of Products in Export Markets;
    7. Prepare and submit offers of Products to potential foreign 
distributors, purchasers, and other entities for sale in Export 
Markets;
    8. Establish the price and quantity of Products for sale in Export 
Markets and set other terms for any export sale;
    9. Negotiate and enter into agreements for sale of Products in 
Export Markets;
    10. Enter into agreements to purchase/sell Products from/to one or 
more Suppliers to fulfill specific sale obligations, which may include 
agreements whereby Suppliers agree to deal exclusively with SunWest, 
for sale of the Products in a particular Export Market or Markets and/
or whereby SunWest agrees to purchase exclusively any particular 
Supplier's (or Suppliers') Products for resale in the Export Market;
    11. Assign sales of Products to, and/or divide or share export 
orders among, Suppliers or other persons based on orders, export 
markets, territories, customers, or any other basis SunWest deems fit;
    12. Broker and take title to the Products;
    13. Enter into agreements with one or more Export Trade 
Intermediaries or export trade purchasers for the purchase of Products, 
which may be agreements whereby SunWest agrees to deal exclusively with 
an entity or customer in a particular Export Market, and/or by which 
that customer or intermediary agrees to deal exclusively with SunWest 
and/or agrees not to purchase from SunWest's competitors in any Export 
Market, unless so authorized;
    14. Apply for and utilize government export assistance and 
incentive programs;
    15. Refuse to (a) purchase Products, (b) sell Products, (c) provide 
services, or (d) provide information regarding export sales of Products 
to any Supplier(s) or other entities for any reason SunWest deems fit;
    16. Refuse to (a) sell Products, (b) quote prices of Products, (c) 
provide services, (d) provide information regarding Products, or (e) 
market or sell Products to any customers or distributors in the Export 
Markets, or in any countries or geographic areas in the Export Markets; 
and
    17. Meet with Suppliers or other entities periodically to discuss 
general matters specific to the activities approved in this Certificate 
(not related to price and supply arrangements between Applicant and the 
individual Suppliers) such as relevant facts concerning the Export 
Markets (e.g., demand conditions, transportation costs and prices in 
the export markets), or the possibility of joint marketing, bidding or 
selling arrangements in the Export Markets.

    Dated: April 25, 2012.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2012-10414 Filed 4-30-12; 8:45 am]
BILLING CODE P


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