[Federal
Register: February 25, 2008 (Volume 73, Number 37)]
[Notices]
[Page
9990-9991]
From
the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe08-28]
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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
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