ITA Seeks Comments on Application To Amend Export Trade Certificate of Review
July 1, 2009In a notice (PDF) published in the Federal Register on June 30, Export Trading Company Affairs, International Trade Administration (ITA), U.S. Department of Commerce, announced it has received an application from Northwest Fruit Exporters to amend its Export Trade Certificate of Review (Certificate).
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.
The original Certificate for Northwest Fruit Exporters was issued on June 11, 1984 (49 FR 24581), and last amended on September 17, 2008 (73 FR 54561). NFE seeks to amend its Certificate as follows:
- Delete the following companies as members of the Certificate: Clasen Fruit & Cold Storage Co., Union Gap, Wash.; Lotus Fruit Packing, Inc., Brewster, Wash.; Snokist Growers, Yakima, Wash.; and Tree To You, LLC, Chelan, Wash.
- Add the following companies as new members of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.(1)): Cervantes Orchards & Vineyards LLC, Grandview, Wash.; Columbia Valley Fruit, L.L.C., Yakima, Wash.; Conrad & Gilbert Fruit, Grandview, Wash.; Diamond Fruit Growers, Odell, OR; Orchard View Farms, Inc., The Dalles, OR; and Wenoka Sales LLC, Wenatchee, Wash.
- Change the listing of the following member: Change ‘‘Congdon Orchards, Inc., Yakima, Wash.” to the new listing ‘‘Congdon Packing Co. L.L.C., Yakima, Wash.”
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 non-confidential version of the comments (identified as such) should be included. Any comments not marked privileged or confidential business information will be deemed to be non-confidential.
An original and five copies, plus two copies of the non-confidential version, should be submitted no later than 20 days after the date of the notice to Export Trading Company Affairs, International Trade Administration, U.S. Department of Commerce, Room 7021X, Washington, DC 20230, or transmit by e-mail at oetca@ita.doc.gov. Comments should refer to the application as Export Trade Certificate of Review, application number 84-20A12.
For further information, contact: Jeffrey Anspacher, Acting Director, Office of Competition and Economic Analysis, International Trade Administration; phone: (202) 482-5131; e-mail: oetca@ita.doc.gov.