80 FR 14092 - Export Trade Certificate of Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 52 (March 18, 2015)
International Trade Administration
Federal Register Volume 80, Issue 52 (March 18, 2015)
| Page Range | 14092-14094 | |
| FR Document | 2015-06248 |
[Federal Register Volume 80, Number 52 (Wednesday, March 18, 2015)] [Notices] [Pages 14092-14094] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06248] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [Application No. 14-00004] Export Trade Certificate of Review ACTION: Notice of Issuance of an Export Trade Certificate of Review to DFA of California, Application no. 14-00004. ----------------------------------------------------------------------- SUMMARY: The Secretary of Commerce, through the Office of Trade and Economic Analysis (``OTEA'') of the International Trade Administration, Department of Commerce, issued an Export Trade Certificate of Review to DFA of California on March 2, 2015. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482-5131 (this is not a toll-free number) or email at [email protected]. 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. Members (within the meaning of 15 CFR 325.2(1)) 1. Alpine Pacific Nut Company (Hughson, CA) 2. Andersen & Sons Shelling (Vina, CA) 3. Avanti Nut Company, Inc. (Stockton, CA) 4. Berberian Nut Company, LLC (Chico, CA) 5. Carriere Family Farms, Inc. (Glenn, CA) 6. Continente Nut LLC (Oakley, CA) 7. Crain Walnut Shelling, Inc. (Los Molinos, CA) 8. Crisp California Walnuts (Stratford, CA) 9. Diamond Foods, Inc. (Stockton, CA) 10. Empire Nut Company (Colusa, CA) 11. Gold River Orchards, Inc. (Escalon, CA) 12. Grower Direct Nut Company (Hughson, CA) 13. GSF Nut Company (Orosi, CA) 14. Guerra Nut Shelling Company (Hollister, CA) [[Page 14093]] 15. Hill View Packing Company Inc. (Gustine, CA) 16. Linden Nut Company (Linden, CA) 17. Mariani Nut Company (Winters, CA) 18. Mariani Packing Company, Inc. (Vacaville, CA) 19. Mid Valley Nut Company Inc. (Hughson, CA) 20. National Raisin Company (Fowler, CA) 21. Poindexter Nut Company (Selma, CA) 22. Prima Noce Packing (Linden, CA) 23. Sacramento Packing, Inc. (Yuba City, CA) 24. Sacramento Valley Walnut Growers, Inc. (Yuba City, CA) 25. San Joaquin Figs, Inc. (Fresno, CA) 26. Shoei Foods USA, Inc. (Olivehurst, CA) 27. Stapleton-Spence Packing (Gridley, CA) 28. Sunsweet Growers Inc. (Yuba City, CA) 29. T.M. Duche Nut Company, Inc. (Orland, CA) 30. Wilbur Packing Company, Inc. (Live Oak, CA) 31. Valley Fig Growers (Fresno, CA) Description of Certified Conduct DFA of California (``DFA'') is certified to engage in the Export Trade Activities and Methods of Operation described below in the following Export Trade and Export Markets. Export Trade Products: California Figs, Prunes, and Walnuts in processed and unprocessed form. Export Trade Facilitation Services (as They Relate to the Export of Products): All export trade-related facilitation services, including but not limited to: development of trade strategy; sales, marketing, and distribution; foreign market development; export promotion; and services related to trade documentation, foreign exchange, customs, duties, taxes, inspection, and quality control. 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 For purposes of the Certificate of Review, ``members'' and ``membership'' refer to members of and membership in DFA of California; and ``Members'' and ``Membership'' refer to Members under the Certificate within the meaning of 15 CFR 325.2(1). 1. To engage in Export Trade in the Export Markets, DFA and Members may, subject to the Terms and Conditions below, exchange and discuss the following information: a. Information about expenses specific to exporting to and within the Export Markets, including without limitation, transportation, transmodal or intermodal shipments, insurance, inland freight to port, port storage, commissions, export sales, documentation, financing, customs, duties and taxes; b. Information about U.S. and foreign legislation and regulations, including federal marketing order programs, affecting sales of Products for the Export Markets; c. Information about DFA's or its Members' export operations, including without limitation, sales and distribution networks established by DFA or its Members in the Export Markets; d. Information about the credit terms extended to, and credit history of, export customers. 2. To engage in Export Trade in the Export Markets, DFA and its Members may, subject to the Terms and Conditions below, and further subject to the condition that the information is either (1) publicly available, or (2) if not publicly available, then compiled and distributed only in aggregate and summary form, by a person who is not employed by, nor affiliated with, a Processor or Packer, and in a manner that does not disclose either directly or by inference information about a transaction of any specific Member, exchange and discuss the following information: a. With respect to the Export Markets, information about sales and marketing efforts, activities and opportunities for sales of Products, selling strategies, sales contracts, pricing, projected demand, customary terms of sale, and specifications for Products by customers in the Export Markets; b. With respect to Products available from Members for export, information about price, quality, and quantity; and c. Information about prior export sales by Members, including export prices. 3. DFA and its Members may meet to engage in the activities described in paragraphs 1 and 2 above. 4. DFA and its Members may prescribe the following conditions for admission and termination of members of DFA as participants in the Export Trade Activities and Methods of Operation and as Members of the Certificate (within the meaning of 15 CFR 325.2(1)) (``Membership''): a. DFA may limit Membership to Fig, Prune, or Walnut Processors or Packers as defined under ``Definitions.'' b. DFA may terminate Membership on the occurrence of one or more of the following events: i. Withdrawal or resignation of a Member; ii. Expulsion approved by a majority of all Members for a material violation of DFA's by-laws, after prior written notice to the Member proposed to be expelled and an opportunity of such Member to appear and be heard before a meeting of the Members; iii. Death or permanent disability of a Member who is an individual or the dissolution of a Member other than an individual; or iv. The bankruptcy of a Member, as provided in DFA's by-laws. 5. DFA and its Members may establish the following Minimum Qualifications for Members to participate in the DFA's Export Committees for Figs, Natural Condition Prunes, Prune Processors and Walnuts. There are no additional requirements for participation in the Fig and Walnut Export Committees. a. A participant in any of the Export Committees must be: i. A DFA Member; ii. Owner of a commercially viable processing facility; iii. In good standing with DFA credit terms (Payment net 30); and iv. With personal and business conduct consistent with the highest industry standards as necessary to protect the integrity of the committee. b. Fig Export Committee: A participant must meet the Minimum Qualifications. c. Natural Condition Prune Export Committee: In addition to meeting the Minimum Qualifications, participation in this export committee requires that the Member be a packer of natural condition prunes for export. d. Prune Processor Export Committee: i. In addition to meeting the Minimum Qualifications, participation in this export committee requires that the Member be a processor of processed prunes for export; ii. Participation also requires that the Member has the capability to thermally process and pack fruit into a consumer-ready product to a minimum 25% moisture level suitable for end user consumption. e. Walnut Export Committee: A participant must meet the Minimum Qualifications. 6. Export Committees can elect to have guest speakers (such as [[Page 14094]] economists, university professors, or researchers) present relevant industry information during the meetings. Definition 1. ``Processor or Packer'' means a person or entity that processes or packs figs, prunes or walnuts grown in California. 2. ``Member'' means the Members of DFA listed in Attachment A and any other members of DFA added as Members under the Certificate through amendment of the Certificate. 3. ``Natural Condition Prunes'' means prunes (with pits) in the condition in which they are normally delivered from a dry yard or dehydrator and may include: a. Prunes which have been washed but which retain natural condition; b. Prunes which will permit normal bulk storage without adding a preservative; c. Prunes which will permit normal bulk storage without adding a preservative; d. Prunes which have been size graded; e. Prunes which may have been processed and re-dried to acceptable natural condition moisture content; and f. Prunes in which the average moisture content of a lot is 21% or less. 4. ``Processed Prunes'' means prunes which have been thermally processed (e.g., treated with hot water or steam) in the course of their preparation for packaging to the extent that their condition no longer meets the definition of ``natural condition.'' Terms and Conditions of the Certificate 1. Neither DFA nor any Member shall intentionally disclose, directly or indirectly, to DFA or to any other Member any information about its own or any other Member's costs, output, capacity, inventories, domestic prices, domestic sales, domestic orders, terms of domestic marketing or sale, U.S. business plans, strategies, or methods that is (1) not already generally available to the trade or public; or (2) made in connection with the administration of a United States Department of Agriculture marketing order for any Product. 2. Meetings at which DFA Members discuss the information under paragraphs 1 of the Export Trade Activities and Methods of Operations above shall not be open to the public. 3. Participation by a Member in any Export Trade Activity or Method of Operation under this Certificate shall be entirely voluntary as to that Member. A Member may withdraw from Membership under this Certificate at any time by giving a written notice to DFA, a copy of which DFA shall promptly transmit to the Secretary of Commerce and the Attorney General. 4. DFA and its 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. Dated: March 12, 2015. Anne Flatness, Acting Director, Office of Trade and Economic Analysis, International Trade Administration. [FR Doc. 2015-06248 Filed 3-17-15; 8:45 am] BILLING CODE 3510-DR-P
![14092 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
DEPARTMENT OF COMMERCE 482–4501, email: niara.phillips@ DEPARTMENT OF COMMERCE
trade.gov.
International Trade Administration International Trade Administration
SUPPLEMENTARY INFORMATION:
United States Manufacturing Council: Background: The Council advises the [Application No. 14–00004]
Meeting of the United States Secretary of Commerce on matters
relating to the U.S. manufacturing Export Trade Certificate of Review
Manufacturing Council
industry. ACTION: Notice of Issuance of an Export
AGENCY: International Trade Public Participation: The meeting will Trade Certificate of Review to DFA of
Administration, U.S. Department of be open to the public and will be California, Application no. 14–00004.
Commerce. physically accessible to people with
ACTION: Notice of an open meeting. disabilities. All guests are required to SUMMARY: The Secretary of Commerce,
register in advance by the deadline through the Office of Trade and
SUMMARY: The United States identified under the DATES caption. The Economic Analysis (‘‘OTEA’’) of the
Manufacturing Council (Council) will meeting room will be provided upon International Trade Administration,
hold the first meeting of the current registration. Seating is limited and will Department of Commerce, issued an
members’ term on Wednesday, April 1, be on a first come, first served basis. Export Trade Certificate of Review to
2015. The Council was established in Requests for sign language DFA of California on March 2, 2015.
April 2004 to advise the Secretary of interpretation or other auxiliary aids FOR FURTHER INFORMATION CONTACT:
Commerce on matters relating to the must be submitted by the registration Joseph Flynn, Director, Office of Trade
manufacturing industry. deadline. Last minute requests will be and Economic Analysis, International
The purpose of the meeting is to brief accepted, but may be impossible to fill. Trade Administration, (202) 482–5131
Council members on current There will be fifteen (15) minutes (this is not a toll-free number) or email
manufacturing initiatives throughout allotted for oral comments from at etca@trade.gov.
the Federal government. The Council members of the public attending the SUPPLEMENTARY INFORMATION: Title III of
will receive briefings from various meeting. To accommodate as many the Export Trading Company Act of
leaders across the Department who are speakers as possible, the time for public 1982 (15 U.S.C. 4001–21) authorizes the
actively engaged in different aspects of comments will be limited to three (3) Secretary of Commerce to issue Export
manufacturing policy. The Council will minutes per person. Individuals wishing Trade Certificates of Review. An Export
also receive briefings from senior to reserve speaking time during the Trade Certificate of Review protects the
officials of related government agencies meeting must submit a request at the holder and the members identified in
such as the Department of Labor. The time of registration along with a brief the Certificate from State and Federal
Secretary of Commerce has been invited statement of the general nature of the government antitrust actions and from
to welcome the Council and provided comments, as well as the name and private treble damage antitrust actions
introductory remarks. Following the address of the proposed speaker. If the for the export conduct specified in the
briefings, the Council members will be number of registrants requesting to Certificate and carried out in
asked to discuss their views on major make statements is greater than can be compliance with its terms and
priorities facing the manufacturing reasonably accommodated during the conditions. Section 302(b)(1) of the
industry and issues that they propose meeting, the International Trade Export Trading Company Act of 1982
for the Council to advise on during their Administration may conduct a lottery to and 15 CFR 325.6(a) require the
appointment term. The agenda may determine the speakers. Speakers are Secretary to publish a notice in the
change to accommodate Council requested to bring at least 25 copies of Federal Register identifying the
business. The final agenda will be their oral comments for distribution to applicant and summarizing its proposed
posted on the Department of Commerce the members of the Manufacturing export conduct.
Web site for the Council at http:// Council and to the public at the Members (within the meaning of 15
trade.gov/manufacturingcouncil, at least meeting. CFR 325.2(1))
one week in advance of the meeting. In addition, any member of the public
may submit pertinent written comments 1. Alpine Pacific Nut Company
DATES: Wednesday, April 1, 2015, 8:30
concerning the Council’s affairs at any (Hughson, CA)
a.m.–11:30 a.m. The deadline for
time before or after the meeting. 2. Andersen & Sons Shelling (Vina, CA)
members of the public to register, 3. Avanti Nut Company, Inc. (Stockton,
including requests to make comments Comments may be submitted to Niara
CA)
during the meetings and for auxiliary Phillips at the contact information 4. Berberian Nut Company, LLC (Chico,
aids, or to submit written comments for indicated above. To be considered CA)
dissemination prior to the meeting, is during the meeting, comments must be 5. Carriere Family Farms, Inc. (Glenn,
5 p.m. EDT on March 23, 2015. received no later than 5:00 p.m. EDT on CA)
ADDRESSES: U.S. Manufacturing March 23, 2015, to ensure transmission 6. Continente Nut LLC (Oakley, CA)
Council, U.S. Department of Commerce, to the Council prior to the meeting. 7. Crain Walnut Shelling, Inc. (Los
Room 4043, 1401 Constitution Avenue Comments received after that date will Molinos, CA)
NW., Washington, DC 20230, be distributed to the members but may 8. Crisp California Walnuts (Stratford,
mc@trade.gov. Members of the public not be considered at the meeting. Copies CA)
are encouraged to submit registration of Council meeting minutes will be 9. Diamond Foods, Inc. (Stockton, CA)
mstockstill on DSK4VPTVN1PROD with NOTICES
requests and written comments via available within 90 days of the meeting. 10. Empire Nut Company (Colusa, CA)
11. Gold River Orchards, Inc. (Escalon,
email to ensure timely receipt. Dated: March 11, 2015.
CA)
FOR FURTHER INFORMATION CONTACT: Niara Phillips, 12. Grower Direct Nut Company
Niara Phillips, the United States Executive Secretary, United States (Hughson, CA)
Manufacturing Council, Room 4043, Manufacturing Council. 13. GSF Nut Company (Orosi, CA)
1401 Constitution Avenue NW., [FR Doc. 2015–06111 Filed 3–17–15; 8:45 am] 14. Guerra Nut Shelling Company
Washington, DC 20230, telephone: 202– BILLING CODE 3510–DR–P (Hollister, CA)
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![14094 Federal Register / Vol. 80, No. 52 / Wednesday, March 18, 2015 / Notices
economists, university professors, or DFA, a copy of which DFA shall Schedule and Agenda for the SSC
researchers) present relevant industry promptly transmit to the Secretary of Subcommittee Meeting
information during the meetings. Commerce and the Attorney General. 1. Welcome and Introductions
4. DFA and its Members will comply 2. Approval of the Agenda
Definition
with requests made by the Secretary of 3. False Killer Whale Stock Boundary
1. ‘‘Processor or Packer’’ means a Commerce, on behalf of the Secretary or and Bycatch Proration
person or entity that processes or packs the Attorney General, for information or A. Revised Stock Boundaries for False
figs, prunes or walnuts grown in documents relevant to conduct under Killer Whales in Hawaiian Waters
California. the Certificate. The Secretary of B. Revised Bycatch Proration
2. ‘‘Member’’ means the Members of Commerce will request such C. Discussions
DFA listed in Attachment A and any information or documents when either 4. Public Comment
other members of DFA added as the Attorney General or the Secretary 5. Discussion and Recommendations
Members under the Certificate through believes that the information or
amendment of the Certificate. documents are required to determine Special Accommodations
3. ‘‘Natural Condition Prunes’’ means that the Export Trade, Export Trade These meetings are physically
prunes (with pits) in the condition in Activities and methods of Operation of accessible to people with disabilities.
which they are normally delivered from a person protected by this Certificate of Requests for sign language
a dry yard or dehydrator and may Review continue to comply with the interpretation or other auxiliary aids
include: standards of section 303(a) of the Act. should be directed to Kitty M. Simonds,
a. Prunes which have been washed (808) 522–8220 (voice) or (808) 522–
Dated: March 12, 2015.
but which retain natural condition; 8226 (fax), at least 5 days prior to the
b. Prunes which will permit normal Anne Flatness,
meeting date.
bulk storage without adding a Acting Director, Office of Trade and Economic
Analysis, International Trade Administration. Authority: 16 U.S.C. 1801 et seq.
preservative;
c. Prunes which will permit normal [FR Doc. 2015–06248 Filed 3–17–15; 8:45 am] Dated: March 13, 2015.
bulk storage without adding a BILLING CODE 3510–DR–P Tracey L. Thompson,
preservative; Acting Deputy Director, Office of Sustainable
d. Prunes which have been size Fisheries, National Marine Fisheries Service.
graded; DEPARTMENT OF COMMERCE [FR Doc. 2015–06200 Filed 3–17–15; 8:45 am]
e. Prunes which may have been BILLING CODE 3510–22–P
processed and re-dried to acceptable National Oceanic and Atmospheric
natural condition moisture content; and Administration
f. Prunes in which the average DEPARTMENT OF COMMERCE
moisture content of a lot is 21% or less. RIN 0648–XD831
4. ‘‘Processed Prunes’’ means prunes Western Pacific Fishery Management Foreign-Trade Zones Board
which have been thermally processed Council; Public Meetings [B–15–2015]
(e.g., treated with hot water or steam) in
the course of their preparation for AGENCY: National Marine Fisheries Foreign-Trade Zone (FTZ) 44—Mount
packaging to the extent that their Service (NMFS), National Oceanic and Olive, New Jersey; Notification of
condition no longer meets the definition Atmospheric Administration (NOAA), Proposed Production Activity,
of ‘‘natural condition.’’ Commerce. Givaudan Fragrances Corporation,
Terms and Conditions of the Certificate ACTION: Notice of public meeting. (Fragrance Compounds), Mount Olive,
New Jersey
1. Neither DFA nor any Member shall SUMMARY: The Western Pacific Fishery
intentionally disclose, directly or Management Council (Council) will Givaudan Fragrances Corporation
indirectly, to DFA or to any other hold a meeting of its Scientific and (Givaudan), an operator of FTZ 44,
Member any information about its own Statistical Committee (SSC) submitted a notification of proposed
or any other Member’s costs, output, subcommittee to review and discuss the production activity to the FTZ Board for
capacity, inventories, domestic prices, revisions of false killer whale stock its facility located in Mount Olive, New
domestic sales, domestic orders, terms boundaries and bycatch proration Jersey. The notification conforming to
of domestic marketing or sale, U.S. method for incidental take in the Hawaii the requirements of the regulations of
business plans, strategies, or methods longline fishery. the FTZ Board (15 CFR 400.22) was
that is (1) not already generally available DATES: The SSC subcommittee meeting received on March 4, 2015.
to the trade or public; or (2) made in will be held on March 31, 2015 at 1 p.m. Givaudan already has authority to
connection with the administration of a produce fragrance compounds within
ADDRESSES: The SSC subcommittee
United States Department of Agriculture Site 1 of FTZ 44. The current request
meeting will be held at the Council would add foreign-status materials to
marketing order for any Product.
2. Meetings at which DFA Members office, 1164 Bishop Street, Suite 1400, the scope of authority. Pursuant to 15
discuss the information under Honolulu, HI 96813; telephone: (808) CFR 400.14(b), additional FTZ authority
paragraphs 1 of the Export Trade 522–8220. would be limited to the specific foreign-
Activities and Methods of Operations FOR FURTHER INFORMATION CONTACT: status materials and components and
Kitty M. Simonds, Executive Director;
mstockstill on DSK4VPTVN1PROD with NOTICES
above shall not be open to the public. specific finished products described in
3. Participation by a Member in any telephone: (808) 522–8220. the submitted notification (as described
Export Trade Activity or Method of SUPPLEMENTARY INFORMATION: Public below) and subsequently authorized by
Operation under this Certificate shall be comment opportunity will be provided. the FTZ Board.
entirely voluntary as to that Member. A The order in which agenda items are Production under FTZ procedures
Member may withdraw from addressed may change. The meetings could exempt Givaudan from customs
Membership under this Certificate at will run as late as necessary to complete duty payments on the foreign status
any time by giving a written notice to scheduled business. materials used in export production. On
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Document Created: 2018-02-21 09:39:56
Document Modified: 2018-02-21 09:39:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Issuance of an Export Trade Certificate of Review to DFA of California, Application no. 14-00004. | |
| Contact | Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, (202) 482-5131 (this is not a toll-free number) or email at [email protected] | |
| FR Citation | 80 FR 14092 |
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