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Export Trading Company Affairs (ETCA)
The Export Trade Certificate of Review Program - The Competitive Edge for U.S. Exporters
[Federal Register: February 25, 2008 (Volume 73, Number 37)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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.
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
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
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
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).
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,
f. Information about U.S. and foreign legislation and regulations,
including federal marketing order programs, affecting sales for the
g. Information about Wilco's export operations, including without
limitation, sales and prior export sales information including export
h. Information about export customer credit terms and credit
3. Wilco may meet with customers, agency representatives, or export
intermediaries to discuss or engage in the activities described above.
``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.
Director, Export Trading Company Affairs.
[FR Doc. E8-3426 Filed 2-22-08; 8:45 am]
BILLING CODE 3510-DR-P