82 FR 46756 - Export Trade Certificate of Review

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 193 (October 6, 2017)

The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), has received an application for an amended Export Trade Certificate of Review (``Certificate'') from Northwest Fruit Exporters. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued.

[Federal Register Volume 82, Number 193 (Friday, October 6, 2017)]
[Notices]
[Pages 46756-46758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21557]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 84-28A12]


Export Trade Certificate of Review

ACTION: Notice of Application for an Amended Export Trade Certificate 
of Review by Northwest Fruit Exporters, Application No. 84-28A12.

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SUMMARY: The Secretary of Commerce, through the International Trade 
Administration, Office of Trade and Economic Analysis (OTEA), has 
received an application for an amended Export Trade Certificate of 
Review (``Certificate'') from Northwest Fruit

[[Page 46757]]

Exporters. This notice summarizes the proposed amendment and seeks 
public comments on whether the amended Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of 
Trade and Economic Analysis, International Trade Administration, by 
telephone at (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.

Request for Public Comments

    Interested parties may submit written comments relevant to the 
determination whether an amended 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 as 
privileged or confidential business information will be deemed to be 
nonconfidential.
    An original and five (5) copies, plus two (2) copies of the 
nonconfidential version, should be submitted no later than 20 days 
after the date of this notice to: Export Trading Company Affairs, 
International Trade Administration, U.S. Department of Commerce, Room 
21028, Washington, DC 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 amended 
Certificate. Comments should refer to this application as ``Export 
Trade Certificate of Review, application number 84-28A12.''
    A summary of the current application follows.

Summary of the Application

    Applicant: Northwest Fruit Exporters, 105 South 18th Street, Suite 
227, Yakima, WA 98901.
    Contact: Fred Scarlett, Manager, (509) 576-8004.
    Application No.: 84-28A12.
    Date Deemed Submitted: September 20, 2017.
    Proposed Amendment: Northwest Fruit Exporters seeks to amend its 
Certificate as follows:
    1. Add a definition of ``export quota'' to clarify that export 
quotas are those imposed by an authorized government entity in the 
receiving country. The term does not include a growers association.
    2. Add the Affiliate Contractor to the Export Trade Certificate of 
Review, as the Affiliate Contractor will provide management services by 
contract to assist Northwest Fruit Exporters in carrying out its 
activities authorized under the Export Trade Certificate of Review:
    3. Add a definition of ``Affiliate Contractor'' to recognize that 
the Northwest Horticultural Council (``NHC'') will be providing 
management services by contract to assist NFE in carrying out its 
activities authorized under the Export Trade Certificate of Review.
    4. Add a clarifying amendment restating that meetings at which the 
NFE Board of Directors may allocate quotas among its members or 
establish export prices shall not be open to the public or to members 
of NFE not represented on the NFE Board of Directors. Employees of the 
Affiliate Contractor are eligible to attend such meetings.
    5. Add an amendment that through the management services agreement 
between NFE and NHC, NHC staff may receive or have access to NFE 
information that is confidential or proprietary (``Confidential 
Information''). Employees of NHC will be required to maintain the 
confidentiality of the Confidential Information as is currently 
required of NFE employees. Failure to maintain the confidentiality of 
NFE's Confidential Information shall be cause for termination of 
employment
    6. Change the name of the following existing Member:

 From Columbia Marketing International, LLC to CMI Orchards, 
LLC

    Northwest Fruit Exporter's Export Trade Certificate of Review 
complete amended membership is listed below:

1. Allan Bros., Naches, WA
2. AltaFresh L.L.C. dba Chelan Fresh Marketing, Chelan, WA
3. Apple House Warehouse & Storage, Inc., Brewster, WA
4. Apple King, L.L.C., Yakima, WA
5. Auvil Fruit Co., Inc., Orondo, WA
6. Baker Produce, Inc., Kennewick, WA
7. Blue Bird, Inc., Peshastin, WA
8. Blue Star Growers, Inc., Cashmere, WA
9. Borton & Sons, Inc., Yakima, WA
10. Brewster Heights Packing & Orchards, LP, Brewster, WA
11. Broetje Orchards LLC, Prescott, WA
12. C.M. Holtzinger Fruit Co., Inc., Yakima, WA
13. CMI Orchards, LLC, Wenatchee, WA
14. Chelan Fruit Cooperative, Chelan, WA
15. Chiawana, Inc. dba Columbia Reach Pack, Yakima, WA
16. Columbia Fruit Packers, Inc., Wenatchee, WA
17. Columbia Fruit Packers/Airport Division, Wenatchee, WA
18. Columbia Valley Fruit, L.L.C., Yakima, WA
19. Congdon Packing Co. L.L.C., Yakima, WA
20. Conrad & Adams Fruit L.L.C., Grandview, WA
21. Cowiche Growers, Inc., Cowiche, WA
22. CPC International Apple Company, Tieton, WA
23. Crane & Crane, Inc., Brewster, WA
24. Custom Apple Packers, Inc., Quincy, and Wenatchee, WA
25. Diamond Fruit Growers, Odell, OR
26. Domex Superfresh Growers LLC, Yakima, WA
27. Douglas Fruit Company, Inc., Pasco, WA
28. Dovex Export Company, Wenatchee, WA
29. Duckwall Fruit, Odell, OR
30. E. Brown & Sons, Inc., Milton-Freewater, OR
31. Evans Fruit Co., Inc., Yakima, WA
32. E.W. Brandt & Sons, Inc., Parker, WA
33. Frosty Packing Co., LLC, Yakima, WA
34. G&G Orchards, Inc., Yakima, WA
35. Gilbert Orchards, Inc., Yakima, WA
36. Gold Digger Apples, Inc., Oroville, WA
37. Hansen Fruit & Cold Storage Co., Inc., Yakima, WA
38. Henggeler Packing Co., Inc., Fruitland, ID
39. Highland Fruit Growers, Inc., Yakima, WA
40. HoneyBear Growers, Inc., Brewster, WA
41. Honey Bear Tree Fruit Co., LLC, Wenatchee, WA
42. Hood River Cherry Company, Hood River, OR
43. Ice Lakes LLC, East Wenatchee, WA
44. JackAss Mt. Ranch, Pasco, WA
45. Jenks Bros Cold Storage & Packing Royal City, WA
46. Kershaw Fruit & Cold Storage, Co., Yakima, WA
47. L&M Companies, Union Gap, WA
48. Larson Fruit Co., Selah, WA
49. Legacy Fruit Packers LLC, Wapato, WA
50. Manson Growers Cooperative, Manson, WA
51. Matson Fruit Company, Selah, WA
52. McDougall & Sons, Inc., Wenatchee, WA
53. Monson Fruit Co. Selah, WA
54. Morgan's of Washington dba Double Diamond Fruit, Quincy, WA
55. Naumes, Inc., Medford, OR
56. Northern Fruit Company, Inc., Wenatchee, WA
57. Olympic Fruit Co., Moxee, WA
58. Oneonta Trading Corp., Wenatchee, WA

[[Page 46758]]

59. Orchard View Farms, Inc., The Dalles, OR
60. Pacific Coast Cherry Packers, LLC, Yakima, WA
61. Peshastin Hi-Up Growers, Peshastin, WA
62. Phillippi Fruit Company, Inc., Wenatchee, WA
63. Piepel Premium Fruit Packing LLC, East Wenatchee, WA
64. Polehn Farm's Inc., The Dalles, OR
65. Price Cold Storage & Packing Co., Inc., Yakima, WA
66. Pride Packing Company, Wapato, WA
67. Quincy Fresh Fruit Co., Quincy, WA
68. Rainier Fruit Company, Selah, WA
69. Roche Fruit, Ltd., Yakima, WA
70. Sage Fruit Company, L.L.C., Yakima, WA
71. Smith & Nelson, Inc., Tonasket, WA
72. Stadelman Fruit, L.L.C., Milton-Freewater, OR, and Zillah, WA
73. Stemilt Growers, LLC, Wenatchee, WA
74. Strand Apples, Inc., Cowiche, WA
75. Symms Fruit Ranch, Inc., Caldwell, ID
76. The Dalles Fruit Company, LLC, Dallesport, WA
77. Underwood Fruit & Warehouse Co., Bingen, WA
78. Valicoff Fruit Co., Inc., Wapato, WA
79. Valley Fruit III L.L.C., Wapato, WA
80. Washington Cherry Growers, Peshastin, WA
81. Washington Fruit & Produce Co., Yakima, WA
82. Western Sweet Cherry Group, LLC, Yakima, WA
83. Western Traders LLC, E. Wenatchee, WA
84. Whitby Farms, Inc. dba: Farm Boy Fruit Snacks LLC, Mesa, WA
85. Yakima Fresh, Yakima, WA
86. Yakima Fruit & Cold Storage Co., Yakima, WA
87. Zirkle Fruit Company, Selah, WA

    Dated: October 2, 2017.
Joseph E. Flynn,
Director, Office of Trade and Economic Analysis, International Trade 
Administration.
[FR Doc. 2017-21557 Filed 10-5-17; 8:45 am]
 BILLING CODE 3510-DR-P