[Federal Register: May 20, 2008 (Volume 73, Number 98)][Notices]
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).
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 firstname.lastname@example.org.
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
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
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
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,
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
h. Information about export customer credit terms and credit
``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
A copy of the Certificate will be kept in the International Trade
Administration's Freedom of Information Records Inspection Facility,
Room 4100, U.S. Department of Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230.
Dated: May 14, 2008.
Director Export Trading Company Affairs.