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55 cents per box during the years in issue.11 Petitioner's per-
box commission rate was not affected by produce price
fluctuations.
In 1992, petitioner received a commission of 12 percent of
gross sales for produce distributed for Productora in the Baja
under the SCP contract.
In negotiating the SCP contract on behalf of petitioner, Mr.
Maldonado reviewed petitioner's general accounting and production
records and considered petitioner's fixed costs, its costs per
box, the number of packs petitioner had sold in previous years,
its previous years' income, and the available projections.
Dole's representatives prepared budgets and projections for
the SCP deal from data, including information on volume and
production, supplied by Mr. Canelos's farming operations. SCP
incorporated the data into budget books which gave annual and
historical data on the SCP deal. The Canelos brothers and Mr.
Maldonado reviewed the data in the budget books for 1983 through
1993. The Canelos brothers, Mr. Maldonado, and representatives
11By oral agreement, the commission rate was amended
commencing with the 1988-89 growing season as follows:
Number of boxes Commission per box
14,000,000 or greater $.35
12,000,000 to 13,999,999 .40
10,000,000 to 11,999,999 .45
8,000,000 to 9,999,999 .50
Less than 8,000,000 .55
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