[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Notices]
[Pages 26499-26501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13212]



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DEPARTMENT OF COMMERCE

Export Trade Certificate of Review; Notice of Application

SUMMARY: The Office of Export Trading Company Affairs, 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. The 
applicant requested, and the Secretary of Commerce, with the 
concurrence of the Attorney General, has granted expedited review of 
this application.

FOR FURTHER INFORMATION CONTACT: W. Dawn Busby, Director, Office of 
Export Trading Company Affairs, International Trade Administration, 
(202) 482-5131. This is not a toll-free number.


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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 of whether a Secretary of Commerce should issue a 
Certificate to the applicant. An original and five (5) copies of such 
comments 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). 
Comments should refer to this application as ``Export Trade Certificate 
of Review, application number 96-00003.''

Summary of the Application

    Applicant: U.S. Rice Millers' Association, 4301 N. Fairfax Drive, 
Arlington, VA 22203-1616; Contact: David Graves; Telephone: (703) 351-
8161.
    Application No.: 96-00003.
    Date Deemed Submitted: May 10, 1996.
    Members (in addition to applicant): Affiliated Rice Milling, Inc., 
Alvin, Texas; American Rice, Inc., Houston, Texas; Brinkley Rice 
Milling Company, Brinkley, Arkansas; Broussard Rice Mill, Inc., 
Mermentau, Louisiana; Busch Agricultural Resources, Inc., St. Louis, 
Missouri; Cargill Rice Milling, Greenville, Mississippi; Louis Dreyfus 
Corporation, Wilton, Connecticut; El Campo Rice Milling Company, 
Louise, Texas; Farmers Rice Milling Company, Inc., Lake Charles, 
Louisiana; Farmers' Rice Cooperative, Sacramento, California; Gulf Rice 
Milling, Inc., Houston, Texas; Liberty Rice Mill, Inc., Kaplan, 
Louisiana; Producers Rice Mill, Inc., Stuttgart, Arkansas; The Rice 
Company, Roseville, California; Riceland Foods, Inc., Stuttgart, 
Arkansas; RiceTec, Inc., Alvin, Texas; Riviana Foods Inc., Houston, 
Texas; Supreme Rice Mill, Inc., Crowley, Louisiana; Uncle Ben's, Inc., 
Houston, Texas.
    The Rice Millers' Association seeks a Certificate to cover the 
following specific Export Trade, Export Markets, and Export Trade 
Activities and Methods of Operations.

Export Trade

Products

    Semi-milled and wholly milled rice, whether or not polished or 
glazed (Harmonized Tariff Schedule 1006.30) and husked (brown) rice 
(Harmonized Tariff Schedule 1006.20).

Export Markets

    For purposes of administering the European Union's tariff rate 
quota: The countries of the European Union. For all other purposes: All 
parts of the world except the United States (the 50 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

    1. Rice Millers' Association (RMA) will administer a system for 
allocating the U.S. share of the European Union (EU) tariff rate quotas 
(``TRQs'') for milled white rice and brown rice (roughly 38,000 tons of 
milled rice and 8,000 tons of brown rice) agreed to as compensation to 
the United States for the EU enlargement, to include Austria, Finland 
and Sweden, as follows:
    A. RMA shall establish a special tariff rate quota (hereinafter 
referred to as ``Quota A'') for the balance of calendar year 1996 and 
for calendar year 1997 for those RMA Members which can document exports 
of milled rice or brown rice to Austria, Finland and Sweden during the 
period 1990-1993. For the balance of 1996, RMA shall award a Member a 
Quota A milled rice or brown rice quota amount based upon a percent of 
the Members average documented historical quantity exported to the 
three countries in the period 1990-1993, as determined by RMA. For 
1997, RMA shall award a Member a milled rice and brown rice Quota A 
amount equal to 100 percent of the annual average quantity of U.S. 
milled rice and brown rice that the Member documents that it exported 
to Austria, Finland and Sweden during the period 1990-1993.
    (i) RMA Members receiving a milled rice or brown rice Quota A 
allocation during 1996 may also receive a milled rice or brown rice 
Quota B allocation during 1996. Each Member receiving a milled rice or 
brown rice Quota A allocation during any period in 1997 shall not be 
eligible to receive a milled rice or brown rice Quota B allocation 
during that period unless the Member declines a milled rice or brown 
rice Quota A allocation during any period for that year.
    B. For any particular time period, RMA shall establish a tariff 
rate quota allocation (hereinafter referred to as ``Quota B'') for 
milled rice and brown rice allocation equal to the EU milled rice and 
brown rice tariff rate quota remaining after deducting the milled rice 
and brown rice Quota A quantity, if any, for that particular time 
period. (i) RMA may provide for an amount of the milled rice or brown 
rice Quota B quantity to be available for allocation during any 
particular time period, in a manner which fully utilizes the quota 
available for that particular time period. (ii) RMA shall allocate an 
amount of Quota B milled rice and brown rice available for a given 
period to eligible RMA Members based on the Member's proportional share 
of milled rice and brown rice exports to the EU for the previous period 
duly registered with RMA by a date certain during the period the quota 
is being allocated, as determined by RMA.
    2. RMA shall assess a fee to pay for administration of all matters 
related to establishing, operating and auditing RMA export trade 
certificate of review operations and for certain market development 
activities.
    3. RMA and/or its Member shall use those funds remaining after 
payment of its administrative expenses to carry out market development 
activities. Such activities shall be of the types approved by RMA that 
are comparable to those funded under the Department of Agriculture's 
market access program with primary emphasis on rice market development 
activities in the European Union.
    4. RMA and/or its Members may:
    (i) provide for an administrative structure to implement the 
foregoing tariff rate quota system, in compliance with the U.S.-EU 
Compensation Agreement and EU regulations,
    (ii) exchange and discuss information regarding the structure and 
method for implementing the foregoing tariff rate quota system, in 
compliance with the U.S.-EU Compensation Agreement and EU regulations,
    (iii) discuss the type of information needed regarding past 
transactions and exports that are necessary for implementing the 
foregoing tariff rate

[[Page 26501]]

quota system, in compliance with the U.S.-EU Compensation Agreement and 
EU regulations,
    (iv) exchange and discuss information about U.S. and foreign 
legislation and regulations affecting the foregoing tariff rate quota 
system, in compliance with the U.S.-EU Compensation Agreement and EU 
regulations,
    (v) discuss and establish the fees to be assessed upon Members to 
pay for administrative expenses and market promotion activities,
    (vi) discuss and provide for the market promotion activities to be 
undertaken with the fees remaining after payment of administrative 
expenses,
    (vii) otherwise exchange and discuss information as necessary to 
implement the foregoing activities and take the necessary action to 
implement the allocation system for the foregoing tariff rate quota, in 
compliance with the U.S.-EU Compensation Agreement and EU regulations, 
and
    (viii) meet to engage in the activities described above.
    5. In allocating quotas among Members, those employees or agents of 
RMA who are not also employees of a Member, may receive, and each 
Member may supply to such employees or agents of RMA, information as to 
the Member's sales and exports of milled white rice and brown rice to 
the EU as is necessary to properly administer the quota, provided that 
such information is not disclosed by RMA employees or agents to any 
other Member.

Definitions

    ``Members'' means a mill member of the Rice Millers Association who 
has been certified as a ``Member'' within the meaning of Section 
325.1(1) of the Regulations.

    Dated: May 21, 1996.
W. Dawn Busby,
Director, Office of Export Trading Company Affairs.
[FR Doc. 96-13212 Filed 5-24-96; 8:45 am]
BILLING CODE 3510-DR-P