Export Trade Certificate of Review

SUMMARY: The Office of Export Trading Company Affairs (``OETCA''),

International Trade Administration, Department of Commerce, has

received an application to amend an Export Trade Certificate of Review.

This notice summarizes the proposed amendment and requests comments

relevant to whether the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: W. Dawn Busby, Director, Office of

Export Trading Company Affairs, International Trade Administration,

(202) 482-5131. This is not a toll-free number.

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. A 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 Act 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. An

original and five (5) copies should be submitted no later than 20 days

after the date of this notice to: Office of Export Trading Company

Affairs, International Trade Administration, Department of Commerce,

Room 1800H, Washington, D.C. 20230. Information submitted by any person

is exempt from disclosure under the Freedom of Information Act (5

U.S.C. 552). Comments should refer to this application as ``Export

Trade Certificate of Review, application number 84-6A012.''

Northwest Fruit Exporters' (``NFE'') original Certificate was

issued on June 11, 1984 (49 FR 24581, June 14, 1984) and previously

amended on May 2, 1988 (53 FR 16303, May 6, 1988), September 21, 1988

(53 FR 37628, September 27, 1988); September 20, 1989 (54 FR 39454,

September 26, 1989); and November 19, 1992 (57 FR 55510, November 25,

1992). A summary of the application for an amendment follows.

Summary of the Application

Applicant: Northwest Fruit Exporters (``NFE''), 6 South 2nd Street,

Suite 918, Yakima, Washington 98907

Contact: Ken Severn, Secretary/Treasurer, Telephone: (509) 453-4837

Application No.: 84-6A012

Date Deemed Submitted: May 18, 1994

Proposed Amendment: Northwest Fruit Exporters seeks to amend its

Certificate to:

1. Add each of the following companies as a new ``Member'' of the

Certificate within the meaning of Sec. 325.2(1) of the Regulations (15

CFR 325.2(1)): Allan Bros., Inc., Naches, Washington; Baker Produce,

Inc., Kennewick, Washington; Bardin Farms Corp., Monitor Washington;

Beebe Orchard Company, Chelan, Washington; Blue Chelan, Inc., Chelan,

Washington; Blue Star Growers, Inc., Cashmere, Washington; Borton &

Sons, Yakima, Washington; Brewster Heights Packing, Brewster,

Washington; Broetje Orchards, Prescott, Washington; Earl E. Brown &

Sons, Inc., Milton-Freewater, Oregon; Carlson Orchards, Yakima,

Washington; Chief Tonasket Growers, Tonasket, Washington; Clasen Fruit

& Cold Storage Co., Yakima, Washington; Columbia Marketing

International Corp., Wenatchee, Washington; Congdon Orchards, Inc.,

Yakima, Washington; Cowiche Growers, Inc., Cowiche, Washington; Cowin &

Sons, Wapato, Washington; Crisp'n Spicy Growers, Inc., Pateros,

Washington; Cubberley Packing Co., Inc., Tieton, Washington; Double

Diamond Fruit, Quincy, Washington; Douglas Fruit Co., Pasco,

Washington; Dovex Export Co., Wenatchee, Washington (controlling

entity: Dovex Corporation); Dovex Fruit Company, Wenatchee, Washington

(controlling entity: Dovex Corporation); Duckwall-Pooley Fruit Co.,

Odell, Oregon; E.W. Brandt & Sons Inc., Parker, Washington; Eakin Fruit

Co., Union Gap, Washington; Evans Fruit Co., Inc., Yakima, Washington;

Gilbert Orchards, Inc., Yakima, Washington; Gold Digger Apples, Inc.,

Oroville, Washington; Gwin, White & Prince Inc., Wenatchee, Washington;

H & H Orchards Packing, Inc., Malaga, Washington; Haas Fruit Co., Inc.,

Yakima, Washington (controlling entity: John I. Haas, Inc.); Highland

Fruit Growers, Inc., Yakima, Washington; Holt and Robison Fruit Co.,

Inc., Omak, Washington; Jack Frost Fruit Co., Yakima, Washington;

Johnny Appleseed of WA/CRO Fruit Co., Wenatchee, Washington; Jones

Fruit & Produce, Inc., Cashmere, Washington; Jones Orchards, Yakima,

Washington (controlling entity: Warren Jones Co.); Kershaw Fruit & Cold

Storage, Yakima, Washington; Larson Fruit Co., Selah, Washington; Lloyd

Garretson Co., Inc., Yakima, Washington; M & J Fruit Sales, Yakima,

Washington; Magi, Inc., Brewster, Washington; Majestic Valley Produce,

Wenatchee, Washington; Manson Growers Cooperative, Manson, Washington;

Matson Fruit Company, Selah, Washington; McDougall & Sons, Inc.,

Wenatchee, Washington; Naumes, Inc., Medford, Oregon; Nickell Orchards,

Pateros, Washington; Northwestern Fruit & Produce Co., Yakima,

Washington; Nuchief Sales Inc., Wenatchee, Washington; Orchard View

Farms, The Dalles, Oregon; Oro Fruit Company, Oroville, Washington;

Pacific Fruit Growers & Packers, Inc., Yakima, Washington; Perham Fruit

Corp., Wapato, Washington; Peshastin Fruit Growers Assn., Peshastin,

Washington; Peshastin Hi-Up Growers, Peshastin, Washington; Phillippi

Fruit Co., Inc., Wenatchee, Washington; Pine Canyon Fruit Co., Inc.,

Orondo, Washington; Poirier Packing & Warehouse, Pateros, Washington;

Price Cold Storage, Yakima, Washington; R.E. Redman & Sons, Inc.,

Wapato, Washington; Rainier Fruit Sales, Selah, Washington; Regal Fruit

Cooperative, Tonasket, Washington; Roche Fruit Company, Inc., Yakima,

Washington; Rowe Farms, Naches, Washington; Strand Apples, Inc.,

Cowiche, Washington; Sun King Fruit, Sunnyside, Washington; Sund-Roy,

Inc., Yakima, Washington; Taplett Fruit Packing Inc., Wenatchee,

Washington; Trout, Inc., Chelan, Washington; Valicoff Fruit Company,

Inc., Wapato, Washington; Valley Fruit, Wapato, Washington; Wapato

Fruit, Wapato, Washington; Wells & Wade Fruit Co., Wenatchee,

Washington (controlling entity: Dole Food Co., Inc.); Witte Orchards,

E. Wenatchee, Washington; and Zirkle Fruit Co., Selah, Washington;

2. Delete the following company as a ``Member'' of the Certificate:

Columbia Reach Pack, Yakima, Washington;

3. Change the listing of the company name for each current

``Member'' cited in this paragraph to the new listing cited in this

paragraph in parenthesis as follows: Auvil Fruit Company (Auvil Fruit

Co., Inc.); Cascadian Fruit Shippers, Cascadian Fruit Shippers, Inc.);

Columbia Fruit Packers (Columbia Fruit Packers, Inc.); Hansen Fruit &

Cold Storage (Hansen Fruit & Cold Storage Co.); C.M. Holtzinger Company

(C.M. Holtzinger Fruit Co., Inc.); Stemilt Growers (Stemilt Growers,

Inc.); and Washington Fruit & Produce (Washington Fruit & Produce Co.);

4. Change the definition of ``Products'' to include ``fresh

apples'' making the Certificate applicable to the export of fresh sweet

cherries and apples by NFE and its Members, on behalf of the Members;

5. Revise the ``Export Trade Activities and Methods of Operation''

in NFE's Export Trade Certificate of Review. The revised ``Export Trade

Activities and Methods of Operation'' should read as follows:

1. NFE may on behalf and with the advice of its Members advise and

cooperate with the United States Government in establishing procedures

regulating the export of the Products, and fulfilling the

requirement(s) imposed by foreign governments for export of the

Products;

2. NFE may on behalf and with the advice of its Members participate

in negotiations and enter into agreements with foreign governments and

private persons regarding:

(a) Fumigating, packing and other quality control and/or

phytosanitary procedures to be followed in the export of the Products.

Such procedures may include activities related to insect and disease

detection, certification, inspection, storage and treatment protocols

required to qualify goods for export shipment and to meet the import

requirements of the foreign government;

(b) The quantities, time periods, prices and terms and conditions

upon which NFE's Members will export the Products;

3. NFE may on behalf and with the advice of its Members, establish

and operate fumigation facilities for use in the export of the

Products;

4. NFE may on behalf and with the advice of its Members establish

export prices and quotas and allocate export quotas among growing

regions and its Members. In allocating export quotas among growing

regions and its Members, NFE, through employees or agents of NFE who

are not also employees of a Member, may receive, and each Member may

supply to such employees or agents of NFE, information as to such

Member's actual total shipments of the Products in any previous growing

season or seasons, provided that such information is not disclosed by

NFE to any other Member;

5. NFE may on behalf and with advice of its Members establish and

administer phytosanitary protocols for the purpose of qualifying the

Products for Export Markets;

6. NFE may on behalf and with the advice of its Members provide

market entry and development assistance, including related

administrative and promotional services, to its Members;

7. NFE may on behalf and with the advice of its Members negotiate

and enter into agreements with providers of transportation services for

export of the Products;

8. NFE may on behalf and with the advice of its Members establish

methods and/or rates of fees and assessments to its membership to

recover administrative expenses and costs related to qualifying and

preparing the Products for export;

9. NFE may on behalf and with the advice of its Members develop

internal procedures and disseminate information to Members to assist

the membership in meeting the criteria established for exportation of

the Products;

10. NFE may on behalf and with the advice of its Members coordinate

activities of growers and packers in the process of qualifying their

goods throughout the various stages of growing, harvesting, grading,

packing, packaging, labeling, storage, and treatment in readying the

goods for export shipment;

11. NFE may on behalf and with the advice of its Members allocate

volume shares amongst Members for shipment of goods, use of facilities,

use of time of domestic and foreign inspection personnel, and other

resources of the applicant;

12. NFE may on behalf and with the advice of its Members conduct

quality control studies and inspections of goods at point of shipment,

point of arrival, and through retail level.

6. Revise Provision (d) listed under ``Terms and Conditions of

Certificate'' in NFE's current Export Trade Certificate of Review. The

revised Provision should read as follows:

(d) NFE will comply with requests made by the Department of

Commerce on behalf of itself or the Department of Justice for

information or documents relevant to conduct under the Certificate.

The Department of Commerce will request such information or

documents when either the Department of Justice or the Department of

Commerce believes it requires the information or documents to

determine that the Export Trade, Export Trade Activities or Methods

of Operation of the persons protected by this Certificate of Review

continue to comply with the standards of section 303(a) of the Act;

7. Revise the ``Protection Provided by Certificate'' paragraph.

That paragraph should read as follows:

This Certificate protects NFE and its directors, officers, and

employees acting on its behalf, as well as its Members, from private

treble damage actions and government criminal and civil suits under

U.S. federal and state antitrust laws for the export conduct

specified in the Certificate and carried out during its effective

period in compliance with its terms and conditions;

8. Revise the ``Effective Period by Certificate'' paragraph. That

paragraph should read as follows:

This Certificate continues in effect until it is revoked or

modified as provided in section 304(b) of the Act and Sec. 325.9 of

the Regulations; and

9. Revise the ``Disclaimer'' paragraph. That paragraph should read

as follows:

The issuance of this Certificate of Review to NFE and its

Members by the United States Government under the provisions of the

Act, does not constitute, explicitly or implicitly, an endorsement

or opinion of the United States Government concerning either (a) the

viability or quality of the business plans of NFE or (b) the

legality of such business plans of NFE under the laws of the United

States (other than as provided in the Act) or under the laws of any

foreign country. This Certificate does not apply to sales to the

United States Government or to any sale more than half the cost of

which is borne by the United States Government.

In accordance with the authority granted under the Act and

Regulations, this Certificate of Review is hereby issued to NFE.

Dated: May 20, 1994.

Friedrich R. Crupe,

Deputy Director, Office of Export Trading Company Affairs.

[FR Doc. 94-12907 Filed 5-25-94; 8:45 am]

BILLING CODE 3510-25-P