Daily Rules, Proposed Rules, and Notices of the Federal Government
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. The regulations implementing Title III are found at 15 CFR part 325 (2010). The U.S. Department of Commerce, International Trade Administration, Office of Competition and Economic Analysis (“OCEA”) is issuing this notice pursuant to 15 CFR § 325.6(b), which requires the Secretary of Commerce to publish a summary of the issuance in the
COLOM-PEQ's members under this certificate are the USA Poultry and Egg Export Council (USAPEEC) and Federacion Nacional de Avicultores, the Sector Representative Association (“
COLOM-PEQ is certified to engage in the Export Trade Activities and Methods of Operation described below in the following Export Trade and Export Markets.
COLOM-PEQ plans to export poultry products as described in the Agricultural Tariff Schedule of the Republic of Colombia, as appended to the TPA, and including the following Colombian HTS Codes: 0207.1300.A—leg quarters [fresh or chilled] curators traseros [frescos o refrigerados]); 0207.1400A—leg quarters [frozen] (curators traseros [congelados]); 1602.3200.A—leg quarters, seasoned and frozen (curators traseros, sazonados y congelados).
Poultry products for which awards will be made will be exported to the Republic of Colombia.
With respect to the conduct of Export Trade in the Export Markets, COLOM-PEQ may, subject to the terms and conditions set forth below, engage in the following Export Trade Activities and Methods of Operation:
Specifically, the TRQs for poultry products are set forth at Paragraph 6 of Appendix I of the General Notes of Colombia, Annex 2.3 to the TPA. COLOM PEQ also will provide for
A. The Administrator shall pay from tender proceeds, as they become available, all operating expenses of COLOM-PEQ, including legal, accounting and administrative costs of establishing and operating the TRQ System, as authorized by the Board of Directors.
B. Of the proceeds remaining at the end of each year of operations after all costs described in (A) above have been paid—
(a) Fifty percent (50%) shall be distributed to fund market access, market promotion, educational, scientific and technical projects to benefit the United States poultry industry. COLOM-PEQ shall accept proposals for the funding of projects approved by resolution of the Board of Directors of USAPEEC.
(b) Fifty percent (50%) shall be distributed by the Administrator to FENAVI to fund market access, market promotion, educational, capacity-building, competitiveness, scientific and technical projects to benefit the poultry industry of the Republic of Colombia. COLOM-PEQ shall accept proposals for the funding of projects approved by resolution of the Board of Directors of FENAVI.
In engaging in Export Trade Activities and Methods of Operation,
1. Except as authorized in Paragraph 15 of the Export Trade Activities and Methods of Operation, neither COLOM-PEQ, the Administrator, any Member, nor any neutral third party shall intentionally disclose, directly or indirectly, to any Member (including parent companies, subsidiaries, or other entities related to any Member) any information regarding any other Member's or bidder's costs, production, capacity, inventories, domestic prices, domestic sales, or U.S. business plans, strategies, or methods, unless such information is already generally available to the trade or public.
2. COLOM-PEQ 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 and 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.
3. COLOM-PEQ will ensure that the Administrator holds the auctions in accordance with tranches established in the relevant regulations of the Republic of Colombia, or in the absence of such, at least once by February 15 of each year. Failure to so hold auctions may result in revocation of the Certificate.
“Neutral third party”, as used in this Certificate of Review, means a party not otherwise associated with COLOM-PEQ or any Member and who is not engaged in the production, sale, distribution or export of poultry or poultry products.
“TRQ System”, as used in this Certificate of Review, refers to distributions of the proceeds received from the tender process.