My new Surge has a spot that does have the Black Oxide - can I send it in?
Yes, you can send it in. No, they will not do anything for it.
Tools are not peices of jewelery on which minor cosmetic blemishes are detrimental. That spot does not affect the performance of the tool in any way whatsoever and as such I would not even think about it. Black Oxide coatings tend to wear away and will never be as durable as anodizing or DLC, it is what it is.
Give the tool a week of use and if that spot is still the only blemish on the tool, I will be quite impressed/dissapointed.
(This is under the presumption that you bought the tool in order to use it. If you bought it as a collector's item, it may be a different story.)