30474 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices

Dated: May 29, 1998.

Richard W. Moreland,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 98–14874 Filed 6–3–98; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of application.

SUMMARY: The Office of Export Trading

Company Affairs (‘‘OETCA’’),

International Trade Administration,

Department of Commerce, has received

an application for an Export Trade

Certificate of Review. 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:

Morton Schnabel, 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 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

copies, plus two copies of the

nonconfidential version, 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). 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 98–

00002.’’ A summary of the application

follows.

Summary of the Application:

Applicant: All State Packers, Inc.

(‘‘ASP’’), 6011 E. Pine Street, Lodi,

California 95240.

Contact: James C. Christie,

Independent Consultant, Telephone:

(206) 292–6340.

Application No.: 98–00002.

Date Deemed Submitted: May 21,

1998.

Members (in addition to applicant):

Carter Thomas, LLC, Davis, California.

ASP seeks a Certificate to cover the

following specific Export Trade, Export

Markets, and Export Trade Activities

and Methods of Operation.

Export Trade

1. Products

Fresh California Pears.

2. Services

Inspection, quality control, marketing

and promotional services.

3. Technology Rights

Proprietary rights to all technology

associated with Products or Services,

including, but not limited to: patents,

trademarks, service marks, trade names,

copyrights, trade secrets, and knowhow.

4. Export Trade Facilitation Services (as

They Relate to the Export of Products,

Services and Technology Rights)

All export trade-related facilitation

services, including, but not limited to:

consulting and trade strategy; sales and

marketing; export brokerage; foreign

marketing research; foreign market

development; overseas advertising and

promotion; product research and design

based on foreign buyer and consumer

preferences; communication and

processing of export orders; inspection

and quality control; transportation;

freight forwarding and trade

documentation; insurance; billing of

foreign buyers; collection (letters of

credit and other financial instruments);

provision of overseas sales and

distribution facilities and overseas sales

staff; legal, accounting and tax

assistance; management information

systems development and application;

assistance and administration of

government export assistance programs,

such as the USDA Market Access and

Supplier Credit programs.

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

Operation

In connection with the promotion and

sale of ASP’s and Members’ Products

and Services into the Export Markets,

ASP and/or one or more of its Members

seeks to:

1. Design and execute foreign

marketing strategies for its Export

Markets;

2. Prepare joint bids, establish export

prices for Products and Services and

establish terms of sale in the Export

Markets;

3. Grant sales and distribution rights

for the Products, whether or not

exclusive, into designated Export

Markets to foreign agents or importers

(‘‘exclusive’’ meaning that ASP and

Member(s) may agree not to sell the

Products into the designated Export

Markets through any other foreign

distributor, and that the foreign

distributor may agree to represent only

ASP and/or Member(s) in the Export

Markets and none of its competitors);

4. Design, develop and market generic

corporate labels;

5. Engage in joint promotional

activities directly targeted at developing

the Export Markets, such as: arranging

marketing trips; providing brochures,

promotions and other forms of product,

service and industry information;

conducting international market and

product research; procuring

international marketing, advertising and

promotional services; and sharing the

cost of these joint promotional activities

among ASP and the Member(s);

6. Conduct product and packaging

research and development exclusively

for the export of the Products, such as

meeting foreign regulatory requirements

and foreign buyer specifications and

identifying and designing for foreign

buyer and consumer preferences;

7. Negotiate and enter into agreements

with governments and other foreign

persons regarding non-tariff trade
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices 30475

barriers in the Export Markets, such as

packaging requirements, and providing

specialized packing operations and

other quality control procedures to be

followed by ASP and its Member(s) in

the export of Products into the Export

Markets;

8. Advise and cooperate with agencies

of the U.S. Government in establishing

procedures regulating the export of

Member(s)’ Products, Services and/or

Technology Rights into the Export

Markets;

9. Negotiate and enter into purchase

agreements with buyers in the Export

Markets regarding the export prices,

quantities, type and quality of Products,

time periods, and the terms and

conditions of sale;

10. Broker or take title to the

Products;

11. Purchase Products from nonMembers whenever necessary to fulfill

specific sales obligations;

12. Solicit non-Members to become

Members;

13. Communicate and process export

orders;

14. Assist each Member in

maintaining the quality standards

necessary to be successful in the Export

Markets;

15. Provide Export Trade Facilitation

Services with respect to Products,

Services and Technology Rights;

16. Provide, procure, negotiate,

contract and administer transportation

services for Products in the course of

export, including overseas freight

transportation, inland freight

transportation from the packing house

to the U.S. port of embarkment, leasing

of transportation equipment and

facilities, storage and warehousing,

stevedoring, wharfage and handling,

insurance, forwarder services, trade

documentation and services, customs

clearance, financial instruments and

foreign exchange;

17. Negotiate freight rate contracts

with individual carriers and carrier

conferences either directly or indirectly

through shippers associations and/or

freight forwarders;

18. Arrange financing through bank

holding companies, governmental

financial assistance programs and other

arrangements;

19. Bill and collect from foreign

buyers and provide accounting, tax,

legal and consulting assistance and

services;

20. Enter into exclusive agreements

with Non-Members to provide Export

Trade Services and Trade Facilitation

Services;

21. Open and operate overseas sales

and distribution offices and companies

to facilitate the sales and distribution of

the Products in the Export Markets;

22. Apply for and utilize applicable

export assistance and incentive

programs which are available within the

governmental and private sectors, such

as the USDA Market Access and

Supplier Credit programs;

23. Negotiate and enter into

agreements with governments and

foreign persons to develop countertrade

arrangements;

24. Refuse to deal with or provide

quotations to other Export

Intermediaries for sales of ASP and

Member(s)’ Products into the Export

Markets; and

25. Exchange information with and

among ASP and Member(s) as necessary

to carry out the Export Trade

Facilitation Services and Export Trade

Activities and Methods of Operation,

including:

a. Information about sales and

marketing efforts and strategies in the

Export Markets, including pricing;

projected demand in the Export Markets

for Products; customary terms of sale,

prices and availability of Products

independently committed by Member(s)

for sales in the Export Markets; prices

and sales of Products in the Export

Markets; and specifications by buyers

and consumers in the Export Markets;

b. Information about the price,

quality, quantity, source and delivery

dates of Products available from the

Member(s) for export;

c. Information about terms and

conditions of contracts for sales in the

Export Markets to be considered and/or

bid on by ASP;

d. Information about joint bidding,

selling arrangements for the Export

Markets and the allocations of export

sales resulting from such arrangements

among ASP and Member(s), including

information regarding the allocation

methods used and ASP and each

Member’s percentage of the total

committed volume of ASP and all

Member(s);

e. Information about expenses specific

to exporting to and within the Export

Markets, including transportation,

transshipments, intermodal shipments,

insurance, inland freight to port, port

storage, commissions, export sales,

documentation, financing and customs

duties or taxes;

f. Information about U.S. and foreign

legislation and regulations, including

Federal marketing order programs that

may affect sales to the Export Markets;

and

g. Information about ASP’s or its

Member(s)’ export operations, including

sales and distribution networks

established by ASP and Member(s) in

the Export Markets, and prior export

sales by ASP and Member(s), including

export price information.

Definitions

1. Export Intermediary means a

person who acts as distributor, sales

representative, sales or marketing agent,

or broker, or who performs similar

functions, including providing, or

arranging for the provision of, Export

Trade Facilitation Services.

2. Member means a person who has

membership in the ASP Export Trade

Certificate and who has been certified as

a ‘‘Member’’ within the meaning of

Section 325.2(1) of the Regulations.

Carter Thomas, LLC is currently the

only member.

Dated: May 29, 1998.

Morton Schnabel,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 98–14786 Filed 6–3–98; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 051298A]

Magnuson-Stevens Act Provisions;

Atlantic Shark Fisheries; Exempted

Fishing Permits (EFPs)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Applications for EFPs; request

for comments.

SUMMARY: NMFS announces the receipt

of five applications for EFPs. If granted,

these EFPs would authorize, over a

period of 1 year, collections for public

display of a limited number of sharks

from the large coastal and prohibited

species groups from Federal waters in

the Atlantic Ocean.

DATES: Written comments on the

applications must be received on or

before June 19, 1998.

ADDRESSES: Send comments to Rebecca

Lent, Chief, Highly Migratory Species

Management Division (F/SF1), NMFS,

1315 East-West Highway, Silver Spring,

MD 20910. The applications and related

documents and copies of the regulations

under which exempted fishing permits

are subject may also be requested from

this address.

FOR FURTHER INFORMATION CONTACT:

Margo Schulze, 301–713–2347; fax:

301–713–1917.