[Federal Register Volume 73, Number 98 (Tuesday, May 20, 2008)]
[Notices]
[Pages 29110-29111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-11262]


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DEPARTMENT OF COMMERCE

International Trade Administration

[Application No. 08-00002]


Export Trade Certificate of Review

ACTION: Notice of Issuance of an Export Trade Certificate of Review to 
Wilco Machine & Fab, Inc. (Application No. 08-00002).

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SUMMARY: On May 12, 2008, the U.S. Department of Commerce issued an 
Export Trade Certificate of Review to Wilco Machine & Fab, Inc. 
(``WILCO''). This notice summarizes the conduct for which certification 
has been granted.

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 by E-
mail at [email protected].

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. The regulations 
implementing Title III are found at 15 CFR part 325 (2006).
    Export Trading Company Affairs (``ETCA'') is issuing this notice 
pursuant to 15 CFR section 325.6(b), which requires the Secretary of 
Commerce to publish a summary of the certification in the Federal 
Register. Under Section 305(a) of the Act and 15 CFR section 325.11(a), 
any person aggrieved by the Secretary's determination may, within 30 
days of the date of this notice, bring an action in any appropriate 
district court of the United States to set aside the determination on 
the ground that the determination is erroneous.
    Description of Certified Conduct: WILCO is certified to engage in 
the Export Trade Activities and Methods of Operation described below in 
the following Export Trade and Export Markets.

I. 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; 332420; and 332439).

II. 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).

III. Export Trade Activities and Methods of Operation

    1. WILCO, on its own behalf, may:
    a. Sales Price: Establish sale prices, 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 in Export Markets.
    d. Quantities: Determine quantities of Products to be sold in 
Export Markets.
    e. Market and Customer Allocation: Allocate geographic areas or 
countries in the Export Markets and/or customers in the Export Markets 
to 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 in Export Markets with price, 
quantity, territorial, and/or customer restrictions as provided above.
    WILCO may meet with customers or Export Intermediaries to discuss 
or engage in the activities described above.
    2. WILCO may, on a one-to-one basis, meet with, exchange, and 
discuss the following information with its customers and its Export 
Intermediaries:
    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, contracts 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 its price, quality, quantity, source, and 
delivery dates of Products for Export Markets.
    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 
relating to sales in the Export Markets.
    g. Information about WILCO's export operations, including without 
limitation, sales and prior export sales information and prior export 
price information.
    h. Information about export customer credit terms and credit 
history.

V. Definition

     ``Export Intermediary'' means a person who acts as a 
distributor, sales representative, sales or marketing agent, import 
agent, broker, or a person who performs similar functions including 
providing or arranging for the provision of export trade facilitation 
services.
    A copy of the Certificate will be kept in the International Trade 
Administration's Freedom of Information Records Inspection Facility,

[[Page 29111]]

Room 4100, U.S. Department of Commerce, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230.

    Dated: May 14, 2008.
Jeffrey Anspacher,
Director Export Trading Company Affairs.
 [FR Doc. E8-11262 Filed 5-19-08; 8:45 am]
BILLING CODE 3510-DR-P