Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 25681 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003), the Department 

has clarified its practice with respect to 

the collection of final antidumping 

duties on imports of merchandise where 

intermediate firms are involved. The 

public should be aware of this 

clarification in determining whether to 

request an administrative review of 

merchandise subject to antidumping 

findings and orders. See also the Import 

Administration web site at http:// 

ia.ita.doc.gov. 

All requests must be filed 

electronically in Import 

Administration’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘IA 

ACCESS’’) on the IA ACCESS Web site 

at http://iaaccess.trade.gov. See 

Antidumping and Countervailing Duty 

Proceedings: Electronic Filing 

Procedures; Administrative Protective 

Order Procedures, 76 FR 39263, (July 6, 

2011). Further, in accordance with 19 

CFR 351.303(f)(l)(i), a copy of each 

request must be served on the petitioner 

and each exporter or producer specified 

in the request. 

The Department will publish in the 

Federal Register a notice of ‘‘Initiation 

of Administrative Review of 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation’’ for requests received by 

the last day of May 2012. If the 

Department does not receive, by the last 

day of May 2012, a request for review 

of entries covered by an order, finding, 

or suspended investigation listed in this 

notice and for the period identified 

above, the Department will instruct CBP 

to assess antidumping or countervailing 

duties on those entries at a rate equal to 

the cash deposit of (or bond for) 

estimated antidumping or 

countervailing duties required on those 

entries at the time of entry, or 

withdrawal from warehouse, for 

consumption and to continue to collect 

the cash deposit previously ordered. 

For the first administrative review of 

any order, there will be no assessment 

of antidumping or countervailing duties 

on entries of subject merchandise 

entered, or withdrawn from warehouse, 

for consumption during the relevant 

provisional-measures ‘‘gap’’ period, of 

the order, if such a gap period is 

applicable to the period of review. 

This notice is not required by statute 

but is published as a service to the 

international trading community. 

Dated: April 12, 2012. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2012–10443 Filed 4–30–12; 8:45 am] 

BILLING CODE 3510–DS–P 

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. 

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 etca@trade.gov. 

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 etca@trade.gov. 

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. 

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25682 Federal Register / Vol. 77, No. 84 / Tuesday, May 1, 2012 / Notices 

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, knowhow, 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–863] 

Honey From the People’s Republic of 

China: Partial Rescission of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: May 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Kabir Archuletta, AD/CVD Operations, 

Office 9, Import Administration, 

International Trade Administration, 

U.S. Department of Commerce, 14th 

Street and Constitution Avenue NW., 

Washington, DC 20230; (202) 482–2593. 

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