[Federal Register: December 26, 2006 (Volume 71, Number 247)]
[Notices]
[Page 77385-77386]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de06-36]
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DEPARTMENT OF COMMERCE
International Trade Administration
Export Trade Certificate of Review
ACTION: Notice of application.
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SUMMARY: Export Trading Company Affairs (``ETCA''), 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: Jeffrey Anspacher, Director, Export
Trading Company Affairs, International Trade Administration, by
telephone at (202) 482-5131 (this is not a toll-free number) or e-mail
at oetca@ita.doc.gov.
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 a 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
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
7021-B H, 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 Certificate. Comments should refer to this application as
``Export Trade Certificate of Review, application number 06-00003.'' A
summary of the application follows.
Summary of the Application
Applicant: American Sugar Alliance (``ASA''). 2111 Wilson
Boulevard, Suite 600. Arlington, VA 22201.
Contact: Robert C. Cassidy, Jr. Counsel for ASA.
Telephone: (202) 663-6740.
Application No.: 06-00003.
Date Deemed Submitted: December 14, 2006,
Members (in addition to applicant)
ASA Executive Committee: American Sugarbeet Growers Association,
American Sugar Cane League, Florida Sugar Cane League, Inc., Gay &
Robinson, Inc., Hawaiian Commercial & Sugar Co., Rio Grande Valley
Sugar Growers Inc., Sugar Cane Growers Cooperative of Florida, U.S.
Beet Sugar Association, and
Sugar Beet Processors and Cane Sugar Refiners (``Producers''):
Amalgamated Sugar Company LLC (owned by Snake River Sugar Company),
American Sugar Refining Inc. (owned by Florida Crystals Corporation and
the Sugar Cane Growers Cooperative of Florida), American Crystal Sugar
Company and Sidney Sugars (a subsidiary of American Crystal Sugar
Company), Florida Crystals Corporation, Hawaiian Commercial & Sugar
Company, Imperial Sugar Company, Michigan Sugar Company, Minn-Dak
Farmers Cooperative, Southern Minnesota Beet Sugar Cooperative and
Spreckels Sugar Company (a subsidiary of Southern Minnesota Beet Sugar
Cooperative), U.S. Sugar Corporation, Western Sugar Cooperative and
Wyoming Sugar Company LLC.
Under the proposed Export Trade Certificate of Review, ASA would
allocate Certificates of Prior Approval (``CPAs'') to Producers,
permitting duty-free entry of U.S. sugar into Mexico under the tariff-
rate quota (``TRQ'') for U.S.-origin sugar.
ASA seeks an Export Trade Certificate of Review to cover the
following specific Export Trade, Export Markets, and Export Trade
Activities and Methods of Operation.
Export Trade
Products
U.S.-origin sugar and syrups meeting the following definitions:
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H.S. Code Description
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1701.11.01................... Sugar, with a dry sucrose content that
has polarization of 99.4 but not
exceeding 99.5 degrees.
1701.11.02................... Sugar, with a dry sucrose content that
has polarization of 96 but not exceeding
99.4 degrees.
1701.11.03................... Sugar, with a dry sucrose content that
has polarization of 96 degrees.
1701.12.01................... Sugar, with a dry sucrose content that
has polarization of 99.4 but not
exceeding 99.5 degrees.
1701.12.02................... Sugar, with a dry sucrose content that
has polarization of 96 but not exceeding
99.4 degrees.
1701.12.03................... Sugar, with a dry sucrose content that
has polarization of 96 degrees.
1701.91.01................... Containing added flavoring or coloring
matter.
1701.99.01................... Sugar, with a dry sucrose content that
has polarization of 99.5 but not
exceeding 99.7 degrees.
1701.99.02................... Sugar, with a dry sucrose content that
has polarization of 99.7 but not
exceeding 99.9 degrees.
1701.99.99................... Others.
1701.90.01................... Refined liquid sugar and inverted sugar.
1806.10.01................... With a sugar content weighting not less
than 90%.
[[Page 77386]]
2106.90.05................... Flavored syrups or with added coloring
matters (except syrups which have a
sugar content less than 90%).
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Export Markets
U.S.-origin sugar for which Certificates of Prior Approval
(``CPAs'') are allocated will be exported only to Mexico.
Export Trade Activities and Methods of Operation
The ASA will allocate CPAs to any Producer that requests CPAs.
CPA Administration
The ASA will allocate all CPAs at one time. In the event that any
CPAs are returned to ASA for any reason, ASA will reallocate those CPAs
among interested Producers.
Certificate System
Under the procedures for the TRQ published on October 16, 2006, in
the Mexican Diario Oficial, an importer in Mexico must file with the
Mexican Government a CPA issued by ASA to obtain a license to allow
U.S.-origin sugar to enter into Mexico free of duty under the TRQ. The
ASA shall allocate CPAs among all Producers who express an interest in
obtaining the CPAs, based on each Producer's share of total U.S. sugar
refining capacity in 2006, as reported to ASA. The ASA shall issue CPAs
to such Producers.
CPAs issued by ASA shall be freely transferable by Producers.
Transfers of CPAs after they are issued by ASA will be subject to the
normal application of antitrust laws.
Confidential Information
Each Member may provide to the ASA information regarding its
capacity to produce refined sugar in the United States for the purpose
of calculating the allocation of CPAs.
Allocation of CPAs will not involve any agreement or exchange of
sensitive information among Members. Annual U.S. refining capacity
information is currently available to the ASA, and no further
information should be necessary. If additional information should be
required, and this information is non-public, company-specific business
information, ASA shall consider the information to be ``confidential'',
and ASA shall maintain its confidentiality. ASA shall not disclose this
confidential information to any party other than the submitter, or to
any officers, agents, or employees of any party other than the
submitter, and shall not disclose confidential information to any other
person except to another neutral third party as necessary to make the
determination for which the information was submitted, to allocate
CPAs, or in connection with reports to the Department of Commerce as
required by the Export Trade Certificate of Review or the arbitration
of a dispute.
Cooperation With the U.S. and Mexican Governments
The ASA will consult with the U.S. Government and the Government of
Mexico when necessary and provide to them whatever information may be
useful in order to facilitate cooperation between the governments
concerning the implementation and operation of the CPA System.
Furthermore, directly or through the U.S. Government, the ASA will
endeavor to accommodate any information requests from the Government of
Mexico (while protecting confidential information entrusted to the
ASA), and will consult with the Government of Mexico as appropriate.
Dated: December 19, 2006.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E6-22053 Filed 12-22-06; 8:45 am]
BILLING CODE 3510-DR-P