[Federal
Register: May 20, 2008 (Volume 73, Number 98)][Notices]
[Page
29110-29111]
-----------------------------------------------------------------------
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 oetca@ita.doc.gov.
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,
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.