[Federal Register: February 25, 2008 (Volume 73, Number 37)]


[Page 9990-9991]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]







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

at oetca@ita.doc.gov.


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



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; 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


    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.

Jeffrey Anspacher,

Director, Export Trading Company Affairs.

[FR Doc. E8-3426 Filed 2-22-08; 8:45 am]