[Federal Register: May 20, 2008 (Volume 73, Number 98)][Notices]           

[Page 29110-29111]






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




    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


    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



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


    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.