Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Notices 12737

necessary to process such orders;

(e) Information about joint bidding

opportunities;

(f) Information about methods by

which exports sales are to be

allocated among Members;

(g) Information about expenses

specific to exporting to and within

Export Markets, including

transportation, transshipments,

intermodal shipments, insurance,

inland freight to port, port storage,

commissions, export sales,

documentation, financing and

customs duties or taxes;

(h) Information about U.S. and foreign

legislation and regulations,

including Federal marketing order

programs that may affect sales to

Export Markets; and

(i) Information about FCE’s or

Members’ export operations,

including sales and distribution

networks established by FCE or

Members in Export Markets, and

prior export sales by Members,

including export price information.

Members (Within the Meaning of

§ 325.2(1) of the Regulations)

Florida Fresh Citrus Sales, Inc.,

Wabasso, Florida; Golden River Fruit

Co., Vero Beach, Florida; Leroy E.

Smith’s Sons, Inc., Vero Beach, Florida;

Ocean Spray Cranberries, Inc., Vero

Beach, Florida; Seald-Sweet Growers,

Inc., Vero Beach, Florida.

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 FCE and who has been

certified as a ‘‘Member’’ within the

meaning of § 325.2(1) of the Regulations,

set out in Attachment A and

incorporated by reference.

Terms and Conditions of Certificate

1. Except as provided in paragraphs

29(b) and 29(g) of the Export Trade

Activities and Methods of Operation,

neither FCE nor any Member shall

intentionally disclose, directly or

indirectly, to any other Member any

information about its or any other

Member’s costs, production, capacity,

inventories, domestic prices, domestic

sales, terms of domestic marketing or

sale, or U.S. business plans, strategies,

or methods, unless (1) such information

is already generally available to the

trade or public; or (2) the information

disclosed is a necessary term or

condition (e.g., price, time required to

fill an order, etc.) of an actual or

potential bona fide sale and the

disclosure is limited to the prospective

purchasing Member.

2. Each Member shall determine

independently of other members the

quantity of Products the Member will

make available for export or sell through

FCE. FCE may not solicit from any

member specific quantities for export or

require any member to export any

minimum quantity of products.

3. Any agreements, discussions, or

exchanges of information under this

Certificate relating to quantities of

Products available for Export Markets,

product specifications or standards,

export prices, product quality or other

terms and conditions of export sales

(other than export financing) shall be in

connection only with actual or potential

bona fide export transactions or

opportunities and shall include only

those Members participating or having a

genuine interest in participating in such

transactions or opportunities; provided

that FCE and/or the Members may

discuss standardization of Products and

Services for purposes of making bona

fide recommendations to foreign

governmental or private standard-setting

organizations.

4. Meetings at which FCE allocates

export sales among Members and

establishes export prices shall not be

open to the public.

5. Participation by a Member in any

Export Trade Activity or Method of

Operation under this Certificate shall be

entirely voluntary as to that Member,

subject to the honoring of contractual

commitments for sales of Products,

Services or Technology Rights in

specific export transactions. A Member

may withdraw from coverage under this

Certificate at any time by giving written

notice to FCE, a copy of which FCE

shall promptly transmit to the Secretary

of Commerce and the Attorney General.

6. FCE and the 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

believes that the information or

documents are required to determine

that the Export Trade, Export Trade

Activities and 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.

Protection Provided by Certificate

The Certificate protects FCE and its

directors, officers, and employees acting

on its behalf, as well as its Members,

and their directors, officers, and

employees acting on their behalf, from

private treble damage actions and

governmental criminal and civil suits

under U.S. federal and state antitrust

laws for the export conduct specified in

the Certificate and carried out during its

effective period in compliance with its

terms and conditions.

Effective Period of Certificate

The Certificate continues in effect

from the effective date indicated below

until it is relinquished, modified or

revoked as provided in the Act and the

Regulations.

Other Conduct

Nothing in the Certificate prohibits

FCE and its Members from engaging in

conduct not specified in this Certificate,

but such conduct is subject to the

normal application of the antitrust laws.

Disclaimer

The issuance of the Certificate of

Review to FCE by the Secretary of

Commerce with the concurrence of the

Attorney General under the provisions

of the Act does not constitute, explicitly

or implicitly, an endorsement or

opinion by the Secretary of Commerce

or the Attorney General concerning

either (a) the viability or quality of the

business plans of FCE or its Members or

(b) the legality of such business plans of

FCE or its Members under the laws of

the United States (other than as

provided in the Act) or under the laws

of any foreign country.

The application of the Certificate to

conduct in Export Trade where the

United States Government is the buyer

or where the United States Government

bears more than half the cost of the

transaction is subject to the limitations

set forth in Section V.(D.) of the

‘‘Guidelines for the Issuance of Export

Trade Certificates of Review (Second

Edition),’’ 50 FR 1786 (January 11, 1985)

(‘‘Guidelines’’).

Dated: February 23, 1995.

W. Dawn Busby,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 95–5668 Filed 3–7–95; 8:45 am]

BILLING CODE 3510–DR-P