Export Trade Certificate of Review

ACTION:

Notice of application for an amended Export Trade Certificate of Review by United States Surimi Commission (“USSC”), Application No. 90-7A007.

SUMMARY:

The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), has received an application for an amended Export Trade Certificate of Review (“Certificate”) from USSC. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued.

FOR FURTHER INFORMATION CONTACT:

Joseph E. Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, by telephone at (202) 482-5131 (this is not a toll-free number) or email at etca@trade.gov.

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. 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 regulations implementing Title III are found at 15 CFR part 325 (2015). Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its application. Under 15 CFR 325.6(a), interested parties may, within twenty days after the date of this notice, submit written comments to the Secretary through OTEA on the application.

Request for Public Comments: 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 nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential.

An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Office of Trade and Economic Analysis, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230.

Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the amended Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 90-7A007.”

Summary of the Application

Applicant: United States Surimi Commission

Contact: c/o Mundt MacGregor LLP, 271 Wyatt Way NE., Suite 106, Bainbridge Island, Washington 98110.

Application No.: 90-7A007.

Date Deemed Submitted: November 12, 2015.

Proposed Amendment:

1. Remove the following members as Member of the Certificate: Alaska Ocean Seafood Limited Partnership; Highland Light Seafoods Limited Liability Company; and Alaska Trawl Fisheries, Inc.

2. Replace the existing Member American Seafoods Company with American Seafoods Company LLC, and add as new Members three entities affiliated with American Seafoods Company LLC: American Seafoods Japan, Ltd.; AS Europe ApS; and American Seafoods China (Dalian) Ltd.

3. Add as new Members six entities that are affiliated with the existing Member Arctic Storm, Inc.: Arctic Storm International, Inc.; Arctic Fjord, Inc.; AF International, Inc.; Fjord Seafoods LLC; Arctic Storm Management Group LLC; and Fjord Fisheries General Partnership;

4. Replace the existing Member Glacier Fish Company with Glacier Fish Company LLC; and add as a new Member an affiliated company, ASM Export Co.

5. Replace the existing Member The Starbound Limited Partnership with Starbound LLC, and add as a new Member an affiliated company, NWPI, Inc.

USSC's proposed amendment of its Export Trade Certificate of Review would result in the following entities as Members under the Certificate:

1. American Seafoods Company LLC

2. American Seafoods Japan, Ltd.

3. AS Europe ApS

4. American Seafoods China (Dalian) Ltd.

5. Arctic Storm, Inc.

6. Arctic Storm International, Inc.

7. Fjord Fisheries General Partnership

8. Arctic Fjord, Inc.

9. AF International, Inc.

10. Fjord Seafood LLC

11. Arctic Storm Management Group LLC

12. Glacier Fish Company, LLC

13. ASM Export Co.

14. Starbound LLC

15. Aleutian Spray Fisheries, Inc.

16. NWPI, Inc.