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demonstrate that the 5-percent commission rate Apache charged the
Canelos growers was not a reliable comparable for the SCP deal,
especially in light of the fact that a 5-percent commission rate
would have resulted in even higher losses than petitioner already
incurred at the 55-cent-per-package rate.
Petitioner also contends that the Van Dyke commission rate
of 8 percent of sales constitutes a reliable comparable for
petitioner's 55-cent-per-package rate. Respondent contends that
the Van Dyke commission rate is not a reliable comparable because
the Van Dyke deal was a limited melon deal for which petitioner
provided fewer services, especially border-crossing services,
than it provided for the Canelos growers in the SCP deal.
We agree that the 8-percent commission rate is not a
reliable comparable. Petitioner performed no services for Van
Dyke other than marketing activities and loading and unloading
services, for which Van Dyke reimbursed petitioner. Van Dyke
handled the warehousing and transporting of the melons. The Van
Dyke contract did not involve border-crossing activities.
Moreover, Van Dyke reimbursed petitioner for the salary of one of
17(...continued)
charged by distributors to Mexican growers at 8 to 12 percent.
The data on which Dr. Cook relied for those numbers came from the
Confederacion de Asociaciones Agricolas del Estado de Sinaloa
(CAADES) the largest Mexican grower association, and from the
Mexican growers themselves.
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