[Federal Register Volume 73, Number 37 (Monday, February 25, 2008)]
[Notices]
[Pages 9990-9991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3426]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00002]


Export Trade Certificate Of Review

ACTION: Notice of application for an Export Trade Certificate of Review 
from Wilco Machine & Fab, Inc.

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SUMMARY: Export Trading Company Affairs (``ETCA''), International Trade 
Administration, Department of Commerce, has received an application for 
an Export Trade Certificate of Review (``Certificate''). This notice 
summarizes the conduct for which certification is sought and requests 
comments relevant to whether the Certificate should be issued.

FOR FURTHER INFORMATION CONTACT: Jeffrey Anspacher, Director, Export 
Trading Company Affairs, International Trade Administration, by 
telephone at (202) 482-5131 (this is not a toll-free number) or E-mail 
at [email protected].

SUPPLEMENTARY INFORMATION: 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. 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. 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

[[Page 9991]]

applicant and summarizing its proposed export conduct.

Request for Public Comments

    Interested parties may submit written comments relevant to the 
determination whether a 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 
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: Export Trading Company Affairs, 
International Trade Administration, U.S. Department of Commerce, Room 
7021-X H, 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 Certificate. Comments should refer to this application as 
``Export Trade Certificate of Review, application number 08-00002.'' A 
summary of the application follows.
    Summary of the Application:
    Applicant: Wilco Machine & Fab, Inc. (``Wilco''), P.O. Box 48, 1326 
S. Broadway, Marlow, Oklahoma 73055.
    Contact: Mr. Anthony Chandler, Manager, Telephone: (580) 658-6993.
    Application No.: 08-00002.
    Date Deemed Submitted: February 11, 2008.
    Members (in addition to applicant): None.
    Wilco seeks a Certificate to cover the following specific Export 
Trade, Export Markets, and Export Trade Activities and Methods of 
Operations.

Export Trade

Products

    All Products manufactured by Wilco, including all fabricated, 
machined, or assembled pressure vessels, tanks, bulk transport 
trailers, bulk storage trailers, bulk plants, or any components of or 
tools for the aforementioned items (North American Industry 
Classification System codes: 333132; 332313; 33242; and 332439).

Export Markets

    The Export Markets include all parts of the world except the United 
States (the fifty states of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the 
Trust Territory of the Pacific Islands).

Export Trade Activities and Methods of Operation

    1. Wilco, on its own behalf may:
    a. Sales Price: Establish sale process, minimum sales prices, 
target sale prices and/or minimum target sales prices, and other terms 
of sale in Export Markets.
    b. Marketing and Distribution: Conduct marketing and distribution 
of Products in Export Markets.
    c. Promotion: Conduct promotion of Products.
    d. Quantities: Determine quantities of Products to be sold.
    e. Market and Customer Allocation: Allocate geographic areas or 
countries in the Export Markets and/or customers in the Export Markets 
to agency representatives or export intermediaries.
    f. Refusals To Deal: Refuse to quote prices for Products, or to 
market or sell Products, to or for any customers in the Export Markets, 
or any countries or geographical areas in the Export Markets.
    g. Exclusive and Nonexclusive Export Intermediaries: Enter into 
exclusive and nonexclusive agreements appointing one or more export 
intermediaries for the sale of Products with price, quantity, 
territorial and/or customer restrictions as provided above.
    2. Wilco may exchange and discuss the following information:
    a. Information about sale and marketing efforts for the Export 
Markets, activities and opportunities for sales of Products in the 
Export Markets, selling strategies for the Export Markets, sales for 
the Export Markets, contract and pricing in the Export Markets, project 
demands in the Export Markets for Products, customary terms of sale in 
the Export Markets, price and availability of products from competitors 
for sale in Export Markets, and specifications for Products by 
customers in the Export Markets.
    b. Information about price, quality, quantity, source, and delivery 
dates of Products.
    c. Information about terms and conditions of contracts for sale in 
the Export Markets to be considered and/or bid on by Wilco.
    d. Information about bidding, selling, or sales arrangements for 
the Export Markets.
    e. Information about expenses specific to exporting to and within 
the Export Markets, including without limitation, transportation, 
shipments, insurance, inland freight to port, port storage, 
commissions, export sales, documentation, financing, customs, duties, 
and taxes.
    f. Information about U.S. and foreign legislation and regulations, 
including federal marketing order programs, affecting sales for the 
Export Markets.
    g. Information about Wilco's export operations, including without 
limitation, sales and prior export sales information including export 
price information.
    h. Information about export customer credit terms and credit 
history.
    3. Wilco may meet with customers, agency representatives, or export 
intermediaries to discuss or engage in the activities described above.
    Definition:
    ``Export Intermediary'' means a person who acts as a distributor, 
sales representative, sales or marketing agent, import agent, broker, 
or who performs similar functions including providing or arranging for 
the provision of Export Trade Facilitation Services.

    Dated: February 18, 2008.
Jeffrey Anspacher,
Director, Export Trading Company Affairs.
[FR Doc. E8-3426 Filed 2-22-08; 8:45 am]
BILLING CODE 3510-DR-P