Export Trade Certificate of Review

DEPARTMENT OF COMMERCE

International Trade Administration, Commerce

Export Trade Certificate of Review

ACTION: Notice of Issuance of an Amended Export Trade Certificate of

Review, Application No. 84-6A012.

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SUMMARY: The Department of Commerce has issued an amendment to the

Export Trade Certificate of Review granted to Northwest Fruit Exporters

(``NFE'') on June 11, 1984. Notice of issuance of the Certificate was

published in the Federal Register on June 14, 1984 (49 FR 24581).

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. 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 (1993).

The Office of Export Trading Company Affairs is issuing this notice

pursuant to 15 CFR 325.6(b), which requires the Department of Commerce

to publish a summary of a Certificate in the Federal Register. Under

Section 305(a) of the Act and 15 CFR 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 determination on the ground that the

determination is erroneous.

Description of Amended Certificate

Export Trade Certificate of Review No. 84-00012, was issued to NFE

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

May 2, 1988 (53 FR 16306, 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).

NFE's Export Trade Certificate of Review has been amended 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 fresh 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'' reads as follows:

1. With respect to fresh sweet cherries and fresh apples:

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

cooperate with the United States Government in (i) establishing

procedures regulating the export of the Products, and (ii) fulfilling

the phytosanitary and/or funding requirements imposed by foreign

governments for export of the Products.

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

in negotiations and enter into agreements with foreign buyers

(including governments and private persons) regarding:

(i) 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;

(ii) the quantities, time periods, prices and terms and conditions,

in connection with actual or potential bona fide export opportunities,

upon which NFE's Members will export the Products.

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

and operate fumigation facilities for use in the export of the

Products.

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

and administer phytosanitary protocols for the purpose of qualifying

the Products for Export Markets.

e. 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.

f. 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.

g. NFE may recover administrative expenses and costs related to

qualifying and preparing Members' Products for export through fees and

assessments allocated to each Member on a pro-rata share basis or any

other non discriminatory method. If a Member objects to the method of

allocating expenses and costs, the Member shall be entitled to be

charged on the basis of actual expenses incurred.

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

internal operational procedures and disseminate information to Members

to assist the membership in meeting the criteria established by foreign

governments for exportation of the Products.

i. NFE may on behalf and with the advice of its Members engage in

such activities as are necessary to ensure that the activities of

growers and packers during the various stages of growing, harvesting,

grading, packing, packaging, labeling, storage, and treatment meet the

requirements established by a relevant foreign government so that the

Members' goods will qualify for importation into the country subject to

such requirements.

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

the capacity of facilities, time of domestic and foreign inspection

personnel, and other resources of NFE amongst the Members engaged in

the shipment of Products for export, provided that such allocations are

based on shipment quantities or other non-discriminatory criteria.

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

quality control studies and inspections of goods for export at point of

shipment, point of arrival, and through the retail level.

2. With respect to fresh sweet cherries only, 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 export

shipments of fresh sweet cherries in any previous growing season or

seasons, provided that such information is not disclosed by NFE to any

other Member.

3. With respect to fresh apples only:

a. 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 connection with actual or potential bona

fide export opportunities, provided that each Member shall remain free

to deviate from established prices by whatever amount it sees fit.

b. 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,

information as to such Member's actual total export shipments of fresh

apples in any previous growing season or seasons, provided that such

information is not disclosed by NFE to any other Member, except in a

coded form to members of the Board of Directors for use only at

meetings and in connection with other official activities of the Board.

c. NFE, through employees or agents of NFE who are not also

employees of a Member, may receive, and each Member shall supply, the

quantity it will offer for export, without the Member or NFE

intentionally disclosing, directly or indirectly, the quantity to any

other Member, except in a coded form to members of the Board of

Directors for use only at meetings and in connection with other

official activities of the Board.

6. Revise ``Terms and Conditions of Certificate'' to read as

follows:

(a) Except as provided in the second sentence of paragraph 2 and in

paragraphs 3(b) and 3(c) of the Export Trade Activities and Methods of

Operation, a Member of NFE shall not intentionally disclose, directly

or indirectly, to NFE or to any other Member any information about its

own costs, output, capacity, inventories, domestic prices, domestic

sales, domestic orders, terms of domestic marketing or sale, or U.S.

business plans, strategies or methods that is not already generally

available to the trade or public.

(b) Export prices for the Products established by NFE shall not be

expressed by NFE to individual Members in a form that sets out

separately the values of components of such prices, except that export-

specific components of export prices such as fees, commissions and

charges payable to NFE, foreign sales agents, and transportation

companies may be set out separately.

(c) Meetings at which the Board of Directors of NFE establishes

quotas, the allocation of quotas among Members, and export prices shall

not be open to the public or to Members of NFE not represented on the

Board of Directors.

(d) NFE and its Members will comply with requests made by the

Secretary of Commerce on behalf of the Secretary or the Attorney

General for information or documents relevant to conduct under the

Certificate. The Secretary of Commerce will request such information or

documents when either the Attorney General or the Secretary of Commerce

believes that the information or documents are required to determine

that the Export Trade, Export Trade Activities, or Methods of Operation

of a person protected by this Certificate of Review continue to comply

with the standards of section 303(a) of the Act.

(e) Participation by a Member in any Export Trade Activity or

Method of Operation under the Certificate shall be entirely voluntary

as to that Member, subject to the honoring of all phytosanitary and/or

funding requirements by foreign governments for specific export

transactions. A member may withdraw from coverage under the Certificate

at any time by giving written notice to NFE. NFE will give notice of

any such withdrawal by a Member to the Secretary of Commerce and the

Attorney General in the next annual report by NFE.

(f) With respect to fresh apples only:

a. Each Member shall determine independently of other Members the

quantity of fresh apples it will offer to export or sell through NFE;

b. NFE may not solicit from any Member specific quantities for

export or require any Member to export any minimum quantity of fresh

apples.

7. Revise ``Definitions'' to read as follows:

``Member'' within the meaning of Sec. 325.2(l) of the Regulations

means the member companies of NFE set out in Attachment A and

incorporated by reference.

``Coded form'' means a form that does not disclose the identity of

a Member.

A copy of the amended certificate will be kept in the International

Trade Administration's Freedom of Information Records Inspection

Facility, Room 4102, U.S. Department of Commerce, 14th Street and

Constitution Avenue, NW., Washington, DC 20230.

Dated: August 16, 1994.

W. Dawn Busby,

Director, Office of Export Trading Company Affairs.

[FR Doc. 94-20545 Filed 8-19-94; 8:45 am]

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