[Federal Register Volume 66, Number 126 (Friday, June 29, 2001)]
[Notices]
[Pages 34616-34618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16455]


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DEPARTMENT OF COMMERCE

International Trade Administration


Export Trade Certificate of Review

ACTION: Notice of application.

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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: Vanessa M. Bachman, Acting Director, 
Office of Export Trading Company Affairs, International Trade 
Administration, by telephone at (202) 482-5131 (this is not a toll-free 
number) or by E-mail at <a href="/cdn-cgi/l/email-protection#96f9f3e2f5f7d6ffe2f7b8f2f9f5b8f1f9e0"><span class="__cf_email__" data-cfemail="375852435456775e43561953585419505841">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. Sections 4001 et seq.) 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 1104H, Washington, DC 20230, or transmit by E-mail at 
<a href="/cdn-cgi/l/email-protection#f49b91809795b49d8095da909b97da939b82"><span class="__cf_email__" data-cfemail="325d57465153725b46531c565d511c555d44">[email protected]</span></a>. Information submitted by any person is exempt from 
disclosure under the Freedom of

[[Page 34617]]

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 01-00003.'' A summary of the application follows.

Summary of the Application

    Applicant: Sun Valley Rice Co., L.L.C. (``Sun Valley''), 7050 Eddy 
Road, Arbuckle, California 95912.
    Contact: Michael V. LaGrande, President.
    Telephone: (530) 476-3000.
    Application No.: 01-00003.
    Sun Valley's previous application, No. 01-00002, was published for 
comments on June 13, 2001 (66 FR 31894).
    The applicant withdrew application on June 13, 2001, and this new 
application was subsequently filed.
    Date Deemed Submitted: June 21, 2001.

Export Trade

    1. Products
    California rice and rice products (rough rice, brown rice, milled 
rice, undermilled or unpolished rice, coated rice, oiled rice, rice 
bran, rice polish, head rice, broken rice, second head rice, brewers 
rice, screenings, rice flour, and rice hulls).
    2. Services
    All services related to the export of Products.
    3. Technology Rights
    All intellectual property rights associated with Products or 
Services, including, but not limited to: patents, trademarks, service 
marks, trade names, copyrights, neighboring (related) rights, trade 
secrets, know-how, and sui generis forms of protection for databases 
and computer programs.
    4. Export Trade Facilitation Services (as they Relate to the Export 
of Products, Services and Technology Rights)
    Export Trade Facilitation Services, including, but not limited to: 
consulting and trade strategy; sales and marketing; export brokerage; 
foreign marketing and analysis; foreign market development; overseas 
advertising and promotion; product research and design based on foreign 
buyer and consumer preferences; documentation and services related to 
compliance with customs requirements; joint ventures; inspection and 
quality control; transportation; shipping and export management; export 
licensing; insurance and financing; 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; trade show 
exhibitions; professional services in the area of government relations 
and assistance with state and federal export assistance programs, such 
as the Export Enhancement and Market Promotion 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 sales of Products for export, Sun Valley, on a 
transaction-by-transaction basis, may:
    (a) 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 
and customers in the Export Markets;
    (b) Confer with suppliers about the possibility of offers to and 
purchases by Sun Valley for a specific export sales opportunity;
    (c) Solicit suppliers to offer/sell Products through the certified 
activities of Sun Valley;
    (d) Solicit orders from potential foreign distributors and 
purchasers for sale of Products in Export Markets;
    (e) Prepare and submit offers of Products to potential foreign 
distributors, purchasers or other entities for sale in Export Markets;
    (f) Establish the price and quantity of Products for sale in Export 
Markets and set other terms for any other sale;
    (g) Negotiate and enter into agreements for sale of Products in 
Export Markets;
    (h) Enter into agreements to purchase Products from one or more 
suppliers to fulfill specific sale obligations, which may be agreements 
whereby suppliers agree to deal exclusively with Sun Valley for sale of 
the Products in a particular Export Market or Markets and/or whereby 
Sun Valley agrees to purchase exclusively any particular supplier's (or 
suppliers'') Products for resale in the Export Market;
    (i) Assign sales of Products to, and/or divide export orders among, 
suppliers or other persons based on orders, Export Market, territories, 
customers, or on any other basis Sun Valley deems fit;
    (j) Broker and take title to the Product;
    (k) Enter into agreements with one or more Export Trade 
Intermediaries or export trade purchasers for the purchase of Products, 
which may be agreements whereby Sun Valley 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 Sun 
Valley and/or agrees not to purchase from Sun Valley's competitors in 
any Export Market, unless so authorized;
    (l) Apply for and utilize applicable export assistance and 
incentive programs which are available within government and private 
sectors;
    (m) Provide Export Trade Facilitation Services including, but not 
limited to, arranging and coordinating delivery of Product to port of 
export; arranging for inland and/or ocean transportation; allocating 
Products to vessel; arranging for storage space at port; arrange for 
warehousing, stevedoring, wharfage, handling, inspection, fumigation, 
quality control, freight forwarding, insurance, and documentation; 
invoicing foreign buyer; collecting payment for product; and arranging 
for payment of applicable commissions and fees;
    (n) Refuse to purchase Product or provide information regarding 
export sales of Product to any supplier(s) or other entities for any 
reason Sun Valley deems fit;
    (o) Refuse to sell Product, to quote prices for Product, to provide 
information regarding Product, or to market or sell Product to any 
customers or distributors in the Export Markets, or in any countries or 
geographical areas in the Export Markets; and
    (p) Meet with suppliers or other entities periodically to discuss 
general matters specific to exporting (not related to price and supply 
arrangements between Sun Valley 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.

Definition

    Export Intermediary means a person who acts as distributor, sales 
representative, sales or marketing agent, or broker, or who performs 
similar

[[Page 34618]]

functions including providing or arranging for the provision of Export 
Trade Facilitation Services.

    Dated: June 26, 2001.
Vanessa M. Bachman,
Acting Director, Office of Export Trading, Company Affairs.
[FR Doc. 01-16455 Filed 6-28-01; 8:45 am]
BILLING CODE 3510-DR-P


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