[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Notices]
[Pages 29514-29516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12594]
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DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 10-00001]
Export Trade Certificate of Review
ACTION: Notice of Issuance of an Export Trade Certificate of Review to
Alaska Longline Cod Commission (Application No. 10-00001).
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SUMMARY: On May 13, 2010, the U.S. Department of Commerce issued an
Export Trade Certificate of Review to the Alaska Longline Cod
Commission (``ALCC''). This notice summarizes the conduct for which
certification has been granted.
FOR FURTHER INFORMATION CONTACT: Joseph E. Flynn, Director, Office of
Competition and Economic Analysis, International Trade Administration,
by telephone at (202) 482-5131 (this is not a toll-free number), or by
E-mail at [email protected].
SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act
of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of
Commerce to issue Export Trade Certificates of Review. The regulations
implementing Title III are found at 15 CFR Part 325 (2009).
The Office of Competition and Economic Analysis is issuing this
notice pursuant to 15 CFR section 325.6(b), which requires the
Secretary of Commerce to publish a summary of the certification in the
Federal Register. Under Section 305(a) of the Act and 15 CFR section
325.11(a), any person aggrieved by the Secretary's determination may,
within 30 days of the date of this notice, bring an action in any
appropriate district court of the United States to set aside the
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determination on the ground that the determination is erroneous.
Description of Certified Conduct
ALCC 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
Export Product
ALCC intends to export frozen at-sea, headed and gutted, Alaska cod
(Gadus macrocephalus), also known as Pacific cod. Headed and gutted
means the head and viscera are removed prior to freezing. Frozen-at-sea
means that the Export Product is frozen on the catcher-processor vessel
while at-sea immediately after being headed and gutted.
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
To engage in Export Trade in the Export Markets, ALCC and its
Members may undertake the following activities:
1. Each Member will from time to time independently determine in
its sole discretion (i) the quantity of Export Product that it makes
available for sale in export markets, and (ii) whether any portion of
such quantity will be sold independently by it, be sold in cooperation
with some or all of the other Members, or be made available to ALCC for
sale in export markets. ALCC may not require any Member to export any
minimum quantity of Export Product.
2. ALCC and/or its Members may enter into agreements to act in
certain countries or markets as the Members' exclusive or non-exclusive
Export Intermediary(ies) for the quantity of Export Product dedicated
by each Member for sale by ALCC or any Member(s) in that country or
market. In any such agreement (i) ALCC or the Member(s) acting as the
exclusive Export Intermediary may agree not to represent any other
supplier of Export Product with respect to one or more export
market(s), and (ii) Members may agree that they will export the
quantity of Export Product dedicated for sale in such export markets
only through ALCC or the Member(s) acting as an exclusive Export
Intermediary, and that they will not export Export Product otherwise,
either directly or through any other Export Intermediary.
3. ALCC and/or one or more of its Members may engage in joint
bidding or selling arrangements for export markets and allocate sales
resulting from such arrangements among the Members.
4. The Members may refuse to deal with Export Intermediaries other
than ALCC and its Members.
5. ALCC may, for itself and on behalf of its Members, by agreement
with its Members or its Members' distributors or agents, or on the
basis of its own determination:
a. Establish the prices at which Export Product will be sold in
Export Markets;
b. Establish standard terms of sale of Export Product;
c. Establish standard quality grades for Export Product;
d. Establish target prices for sales of Export Product by its
Members in Export Markets, with each Member remaining free to deviate
from such target prices in its sole discretion;
e. Subject to the limitations set forth in paragraph 1, above,
establish the quantity of Export Product to be sold in Export Markets;
f. Allocate among the Members Export Markets or customers in the
Export Markets;
g. Refuse to quote prices for, or to market or sell, Export Product
in Export Markets; and
h. Engage in joint promotional activities aimed at developing
existing or new Export Markets, such as advertising and trade shows.
6. ALCC may, for itself and on behalf of its Members, contact non-
member suppliers of Export Product to elicit information relating to
price, volume delivery schedules, terms of sale, and other matters
relating to such suppliers' sales or prospective sales in export
markets.
7. Subject to the limitations set forth in paragraph 1, above, ALCC
and its Members may agree on the quantities of Export Product and the
prices at which ALCC and its Members may sell Export Product in and for
export markets, and may also agree on territorial and customer
allocations in export markets among the Members.
8. ALCC and its Members may enter into exclusive and non-exclusive
agreements appointing third parties as Export Intermediaries for the
sale of Export Product in Export Markets. Such agreements may contain
the price, quantity, territorial and customer restrictions for export
markets contained in paragraph 5, above.
9. ALCC and its Members may solicit individual non-Member suppliers
of Export Product to sell such Export Product to ALCC or Members for
sale in Export Markets.
10. ALCC may compile for, collect from, and disseminate to its
Members, and the Members may discuss among themselves, either in
meetings conducted by ALCC or independently via telephone and other
available and appropriate modes of communication, the information
described in Item 14 below.
11. ALCC and its Members may prescribe conditions for withdrawal of
Members from and admission of Members to ALCC.
12. ALCC may, for itself or on behalf of its Members, establish and
implement a quality assurance program for Export Product, including
without limitation establishing, staffing, and operating a laboratory
to conduct quality testing, promulgating quality standards or grades,
inspecting Export Product samples and publishing guidelines for and
reports of the results of laboratory testing.
13. ALCC may conduct meetings of its Members to engage in the
activities described in paragraphs 1 through 12, above.
14. ALCC and its Members may exchange and discuss the following
types of export-related information:
a. Sales and marketing efforts, and activities and opportunities
for sales of Export Product in Export Markets, including but not
limited to selling strategies and pricing, projected demand for Export
Product, standard or customary terms of sale in Export Markets, prices
and availability of Export Product from competitors, and specifications
for Export Product by customers in Export Markets;
b. Price, quality, quantity, source, and delivery dates of Export
Product available from the Members for export including but not limited
to export inventory levels and geographic availability;
c. Terms and conditions of contracts for sales to be considered
and/or bid on by ALCC and its Members;
d. Joint bidding or selling arrangements and allocation of sales
resulting from such arrangements among the Members, including each
Member's share of the previous calendar year's total foreign sales;
e. Expenses specific to exporting to and within Export Markets,
including without limitation transportation, trans- or intermodal
shipments, cold storage, insurance, inland freight to port, port
storage, commissions, export sales,
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documentation, financing, customs duties, and taxes;
f. U.S. and foreign legislation, regulations and policies affecting
export sales; and
g. ALCC's and/or its Members' export operations, including without
limitation, sales and distribution networks established by ALCC or its
Members in Export Markets, and prior export sales by Members (including
export price information).
Definition
``Export Intermediary'' means a person who acts as a distributor,
representative, sales or marketing agent, or broker, or who performs
similar functions.
Members (Within the Meaning of Section 325.2(1) of the Regulations)
Alaskan Leader Fisheries, Inc., Lynden, Washington; Alaskan Leader
Seafoods LLC, Lynden, Washington; Gulf Mist, Inc., Everett, Washington;
Deep Sea Fisheries, Inc., Everett, Washington; Aleutian Spray
Fisheries, Inc., Seattle, Washington; Pathfinder Fisheries LLC,
Seattle, Washington; Liberator Fisheries, LLC, Seattle, Washington;
Siberian Sea Fisheries, LLC, Seattle, Washington; Akulurak LLC,
Seattle, Washington; Romanzoff Fishing Company, Seattle, Washington;
Beauty Bay Washington, LLC, Seattle, Washington; Tatoosh Seafoods LLC,
Seattle, Washington; Blue North Fisheries, Inc., Seattle, Washington;
Blue North Trading Company, LLC, Seattle, Washington; Clipper Group,
Ltd., Seattle, Washington; Clipper Seafoods, Ltd., Seattle, Washington
(a wholly-owned subsidiary of Clipper Group, Ltd.); Bering Select
Seafoods Company, Seattle, Washington (a wholly owned subsidiary of
Clipper Group, Ltd.); Glacier Bay Fisheries LLC, Seattle, Washington
(Glacier Bay Fisheries LLC is controlled by Glacier Fish Company LLC);
Glacier Fish Company LLC, Seattle, Washington; and Shelfords' Boat,
Ltd., Mill Creek, Washington.
A copy of the Certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: May 19, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-12594 Filed 5-25-10; 8:45 am]
BILLING CODE 3510-DR-P