[Federal Register Volume 75, Number 145 (Thursday, July 29, 2010)]
[Notices]
[Pages 44761-44762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18571]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application 10-00004]


Export Trade Certificate of Review

ACTION: Notice of Application for an Export Trade Certificate of Review 
From Canned Wild Salmon Export Council, LLC (``CWSEC'').

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SUMMARY: The Office of Competition and Economic Analysis, International 
Trade Administration, Department of Commerce, has received an 
application for an Export Trade Certificate of Review 
(``Certificate''). 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: 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 E-
mail at [email protected].

SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act 
of 1982 (15 U.S.C. 4011-21) 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 a Certificate should be issued. If the comments 
include any privileged or confidential business information, it must be 
clearly marked and a

[[Page 44762]]

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 (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: Office of Competition and Economic 
Analysis, International Trade Administration, U.S. Department of 
Commerce, Room 7021X, Washington, DC 20230, or transmitted by E-mail at 
[email protected]. 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 Certificate. Comments should refer to this application as 
``Export Trade Certificate of Review, application number 10-00004.'' A 
summary of the application follows.
    Summary of the Application:
    Applicant: Canned Wild Salmon Export Council (``CWSEC'').
    Contact: James R. Hennessey, Smith and Hennessey, 316 Occidental 
Avenue South, Suite 500, Seattle, Washington 98104.
    Telephone: (206) 292-1770.
    Application No.: 10-00004.
    Date Deemed Submitted: July 14, 2010.
    Members (in addition to applicant): CWSEC members include the 
following entities: Alaska General Seafoods, Kenmore, WA; Icicle 
Seafoods, Inc., Seattle WA; Ocean Beauty Seafoods, LLC, Seattle, WA; 
Peter Pan Seafoods, Inc., Seattle, WA; Trident Seafoods Corporation, 
Seattle, WA; and Yardarm Knot, Inc., Seattle, WA.
    CWSEC seeks a Certificate of Review to engage in the Export Trade 
Activities and Methods of Operation described below for the following 
Export Trade and Export Markets:

Export Trade

Products

    Shelf stable non-refrigerated salmon product packed in a can or 
retort pouch, also known as canned salmon. Shelf stable means that the 
product can be safely stored in a sealed container at room or ambient 
temperature for a usefully long shelf life. A retort pouch is a 
flexible package in which prepared food is hermetically sealed for 
long-term unrefrigerated storage.

Export Markets

    The export markets include all parts of the world except for Canada 
and 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

    1. Canned Wild Salmon Export Council, LLC is seeking certification 
for engaging in the following conduct:
    a. Sales Price. Establish sales prices, minimum sales prices, 
target sales prices and/or minimum target sales prices, and other terms 
of sales in the Export Markets, including but not limited to timing of 
payments, timing of sales, restrictions on bidding and audits performed 
by the customer in the Export Markets;
    b. Marketing and Distribution. Conduct marketing and distribution 
of canned salmon in the Export Markets;
    c. Promotion. Conduct promotion of canned salmon in the Export 
Markets;
    d. Quantities. Agree on quantities of canned salmon to be sold in 
export markets, provided that each Member shall be required to dedicate 
only such quantities as each such Member shall independently determine;
    e. Market and Customer Allocation. Allocate geographic areas or 
countries in the Export Markets and/or customers in the Export Markets 
among Members;
    f. Refusals to Deal. Refuse to quote prices for canned salmon, or 
to market or sell canned salmon to any customers in the Export Markets, 
or any countries or geographical area in the Export Markets;
    g. Exclusive/Nonexclusive Deals. Enter into exclusive and 
nonexclusive agreements appointing one or more Export Intermediaries 
for the sale of canned salmon with price, quantity, territorial and/or 
customer restrictions as provided above; and
    h. Customer Audits. Collectively agree on matters related to audits 
(ethical, social, technical, or other) that may be required by 
customers of the Members in the Export Markets;
    2. Canned Wild Salmon Export Council, LLC is seeking certification 
for sharing among its Members the following information:
    a. Information about sale and marketing efforts for the Export 
Markets, activities and opportunities for sales of canned salmon in the 
Export Markets, selling strategies for the Export Markets, sales for 
the Export Markets, contract and spot pricing in the Export Markets, 
projected demands in the Exports Markets for canned salmon, terms of 
sale in the Export Markets, prices and availability of canned salmon in 
the Export Markets and specifications for canned salmon by customers in 
the Export Markets;
    b. Information about the price, quantity, quality, source, and 
delivery dates of canned salmon available for the Members to export;
    c. Information about the terms and conditions of contracts for sale 
in the Export Markets to be considered and/or bid on;
    d. Information about joint bidding or selling arrangements for the 
Export Markets and allocations of sales resulting from such 
arrangements among the Members;
    e. Information about expenses specific to exporting to and within 
the Export Markets, including without limitation transportation, 
insurance, inland freights to port, port storage, commissions, 
documentation, financing, customs, duties, and taxes;
    f. Information about U.S. and foreign legislation and regulations, 
including without limitation federal marketing assistance programs 
affecting sales of canned salmon for the Export Markets;
    g. Information about export operations, including without 
limitation, sales and distribution networks, prior export sales by 
Members; and
    h. Information about export customer credit terms and credit 
history.
    3. Canned Wild Salmon Export Council, LLC, and any or all of its 
Members, is seeking authority to meet and engage in the activities 
described in paragraphs 1 and 2, above.

     Dated: July 22, 2010.
Joseph E. Flynn,
Director, Office of Competition and Economic Analysis.
[FR Doc. 2010-18571 Filed 7-28-10; 8:45 am]
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