Daily Rules, Proposed Rules, and Notices of the Federal Government
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 (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
COL-RICE's members under this certificate are: the Arkansas Rice Research and Promotion Board, the California Rice Research Board, the Louisiana Rice Research Board, the Mississippi Rice Promotion Board, the Missouri Rice Research and Merchandising Council, the Texas Rice Producers' Board, the USA Rice Merchants' Association, the USA Rice Millers' Association, and, Federación Nacional de Arroceros de Colombia (FEDEARROZ).
COL-RICE is certified to engage in the Export Trade Activities and Methods of Operation described below in the following Export Trade and Export Markets.
COL-RICE plans to export rice products as described in the Agricultural Tariff Schedule of the Republic of Colombia, as appended to the United States—Colombia Trade Promotion Agreement (TPA), and including the following Colombian HTS Codes: 1006.1090—rice in hull, except for seed (
The Republic of Colombia.
With respect to the conduct of Export Trade in the Export Market, COL-RICE 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 rice products are set forth at Paragraph 20 of Appendix I of the General Notes of Colombia, Annex 2.3 to the TPA. COL-RICE also will provide for distributions of the proceeds received from the tender process based on exports of rice products to support the operation and administration of COL-RICE and to fund research projects for the benefit of the rice industry of the United States and to fund market development and/or competitiveness projects for the benefit of the rice production sector of the Republic of Colombia, as established by paragraph 6 of Article 5 of Decree No. 0728 of 2012, issued by the Ministry of Agriculture and Rural Development of Colombia.
i. The Administrator shall pay from tender proceeds, as they become available, all operating expenses of COL-RICE, including legal, accounting and administrative costs of establishing and operating the TRQ System, as authorized by the Board of Directors.
ii. The legal, accounting, and administrative expenses of the USA Rice Federation, the U.S. Rice Producers Association, and Federación Nacional de Arroceros de Colombia (FEDEARROZ) directly related to establishing COL-RICE shall be reimbursed from the proceeds of COL-RICE as such proceeds become available, subject to review by the COL-RICE Board.
iii. Of the proceeds remaining at the end of each year of operations after all costs described in (i) and (ii) have been paid—
1. In years one (1) through ten (10), fifty percent (50%) shall be distributed to each of the six (6) state chartered rice research boards named as members above on a pro rata basis, that share being each state's pro rata share of the average of the immediately preceding three (3) years U.S. rice production, to fund rice research projects as defined by each of the six (6) state chartered research boards to benefit the United States rice industry. The funds are to be used for direct research projects and not to be used for general administrative purposes.
2. In years eleven (11) through eighteen (18), fifty percent (50%) shall be distributed to each of the six (6) state chartered rice research boards named as members above on a pro rata basis, that share being each state's pro rata share of the average of the immediately preceding three (3) years U.S. rice production, to fund research and promotion projects as defined by each of the six (6) state chartered research boards to benefit the United States rice industry as may be within the purview of each board. These funds are to be used for direct projects and are not to be used for general administrative purposes.
3. Fifty percent (50%) shall be distributed to FEDEARROZ to fund market development and/or competitiveness projects for the benefit of the rice production sector of the Republic of Colombia, as established by paragraph 6 of Article 5 of Decree No. 0728 of 2012, issued by the Ministry of Agriculture and Rural Development of Colombia.
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 COL-RICE, 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. COL-RICE 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. COL-RICE will ensure that the Administrator holds an auction at least once a year. Failure to so hold an auction may result in revocation of the certificate.
“Neutral third party”, as used in this Certificate of Review, means a party not otherwise associated with COL-RICE or any Member and who is not engaged in the production, sale, distribution or export of rice products.