turers of such articles or articles of the same general type;

(iii) A showing that the party (or other U.S. manufacturer) is able and willing to produce an instrument(s) or apparatus listed in subdivision (ii) of this subparagraph within the United States and have it (them) available promptly so that it (they) may be obtained by the applicant without unreasonable delay (state earliest delivery date(s) offered; communicate offer(s), if any, to applicant as well as to the Administrator);

(iv) A showing of the normal commercial practice applicable to the production and distribution of instruments or apparatus of the same general type;

(v) Other pertinent information or explanation.

(6) State any other pertinent information, explanation, or views.

§ 602.5

Review and findings in the Department of Commerce.

(a) Effect of expiration of the period for comment. The Administrator shall assemble the application, and those comments meeting the requirements of § 602.4(b), into a record. After the period for comment (§ 602.4 (a)), has ended, he shall not place explanations, arguments, or recommendations, other than those obtained from any selected Federal agency (ies) pursuant to paragraph (b) of this section, in the record in any form. He shall treat written comments received after the period for comment has ended as offers to provide additional information (see paragraph (c) of this section) to the extent that they contain factual information, as contrasted with arguments, explanations, or recommendations.

(b) Administrator's additions to the record. The Administrator may add to the record such additional written factual information available within the Executive Branch of the Government, and such printed information generally available to the public, as he deems appropriate and pertinent. He may also obtain for the record an opinion on any issue before him and reasons therefor from any agency of the Government which he regards as having particular competency in the field in question.

(c) Additional information from parties. If it appears to the Administrator that the information in the record is not sufficient to enable him to render a decision, if the action of denial without

prejudice (paragraph (e) of this section) appears to be inappropriate, and if it further appears that certain additional specific factual information will cure the insufficiency of the record, the Administrator in his discretion may request and place in the record such additional factual information as he feels will enable him to render a decision, from that party or those parties that appear best suited to provide the information. The Administrator may attach appropriate conditions and time limitations upon the provision of such information, and may draw appropriate inferences from the failure of a party to provide the information requested from him. The Administrator shall not, under this procedure, place arguments, explanations, or recommendations upon the record. The Administrator may also, in his discretion, request from any party or parties to a proceeding hereunder, and place in the record, such additional affirmations as he deems necessary to enable him to render a decision.

(d) Decision on the application. The Administrator shall prepare a written decision granting or denying the application in whole or in part. The decision shall be in the form of one or more findings stating whether an instrument or apparatus of equivalent scientific value to the article for which duty free entry is sought, for the purposes for which it is intended to be used, is or is not being manufactured in the United States, and it shall include a statement of his reasons for the finding (s). He shall transmit the decision to the FEDERAL REGISTER for publication, to the Commissioner of Customs, and to the applicant. At the same time, he shall make a copy of the record available for public review. (Copies of materials received pursuant to paragraphs (a) and (c) of this section which were not entered in the record pursuant to this section shall also be made available for public review. The Administrator may dispose of such materials at any time after final disposition of the application.) Pursuant to 19 CFR 10.117, the Administrator shall notify the district director of customs for the district in which entry of the merchandise in question was made, or the Commissioner of Customs if the district of entry is not known to the Administrator, of the final disposition of each application. If the Administrator thereafter receives notice from the applicant in accordance with 19 CFR 10.116(c),

he shall then notify said district director of the final disposition of the application. For purposes of this paragraph, disposition of an application shall be deemed final (i) when 20 days have elapsed after publication of the decision in the FEDERAL REGISTER and no appeal has been taken pursuant to § 602.1 hereof, or (ii) if such appeal has been taken, when final judgment is made and entered by the U.S. Court of Customs and Patent Appeals.

(e) Denial without prejudice to resubmission. The Administrator may deny an application without prejudice to its resubmission but otherwise in accordance with paragraph (d) of this section, if the application contains a deficiency which, in his opinion, prevents its consideration on its merits. The Administrator shall state the deficiencies of the application in writing when making such a denial, and may make such a denial prior to publication of a notice of the application in the FEDERAL REGISTER.

The Secretary of Health, Education, and Welfare shall be promptly informed of such a denial. If the institution is able to correct the deficiencies noted in the denial, it may obtain expedited treatment of a new application on the same article by indicating in a separate letter of transmittal (in five (5) copies) that it is a resubmission of an identified application previously denied without prejudice. APPENDIX A-SAMPLE FORM BDSAF-768 U.S. DEPARTMENT OF COMMERCE, BUSINESS AND DEFENSE SERVICES ADMINISTRATION

Treasury Department, Bureau of Customs REQUEST FOR DUTY-FREE ENTRY OF SCIENTIFIC INSTRUMENTS OR APPARATUS

Mail application to: Bureau of Customs,
Washington, D.C. 20226.

For use only by Bureau of Customs:
Date received by Customs

Customs' application No.

For use only by Department of Commerce: Docket No.

TO BE COMPLETED BY APPLICANT NOTE: To avoid delay in processing the application due to omission of essential details, study the attached regulations and instructions related to each item indicated below. Some of the items will require the use of attachments or additional sheets. Each sheet should be identified with the corresponding item number, the applicant's name and the name of the article. 1. Name of applicant institution 2. Address

3. This is a nonprofit institution established for: (check appropriate box)

Scientific purposes.

Educational purposes.

4. a. Description of article and any accompanying accessories for which free entry is requested (hereinafter collectively called "article").

b. Country of origin.

c. Name of foreign manufacturer.

d. Manufacturer's type or model number for article and each accompanying accessory. 5. Serial number (if known) of article and each accompanying accessory described in Item 4 above.

6. Expected port of entry. If already entered, provide also the entry number and date of entry.

7. Describe the intended uses of article for which free entry is requested.

8. Attach copies or facsimiles of foreign manufacturer's performance and other specifications relevant to the purposes for which the article is intended to be used.

9. Provide any technical information, in addition to that contained in the foreign manufacturer's specifications, which is considered germane to the question of scientific equivalency between the article and domestically produced counterparts, including evidence of actual performance if known to the applicant.

10. List the names and addresses of domestic manufacturers whose instruments were considered as possible choices by the applicant. In addition, with respect to each listed manufacturer, indicate the following: a. Whether manufacturer was contacted and afforded an opportunity to offer an instrument capable of fulfilling the purposes for which article is intended to be used.

b. Whether manufacturer (1) replied with an offer to furnish an instrument for the intended uses, (2) replied that the firm did not make an instrument capable of fulfilling the intended purposes, or (3) did not reply.

c. For each manufacturer who offered to furnish an instrument (b(2) above), state in addition the type or model number proffered as capable of fulfilling the intended purposes. (Include all instruments which were so proffered, even if the applicant believes the delivery time quoted by the manufacturer was excessive.)

11. Attach a copy of the applicant's purchase specifications which were furnished to to the foreign manufacturer and to those domestic manufacturers who were afforded an opportunity to supply the instrument desired by applicant.

12. Indicate the basis for requesting dutyfree entry of the article:

a. Domestic instruments are not scientifically equivalent to the article.

b. Excessive delivery times quoted by domestic manufacturers.

c. Other. Specify.

13. If the basis for application for dutyfree entry is that domestic instruments are not scientifically equivalent to the article:

a. List and describe those specifications, characteristics and technical factors inherent in the foreign instrument, which in your opinion make that instrument of superior scientific value to the domestic instrument(s) considered in view of the purposes for which the instrument for which duty-free entry is requested is intended to be used.

b. Explain in each case why you consider the specifications, characteristics and technical factors listed in 13a above to be important in the end-use of the instrument for which duty-free entry is being requested.

c. Provide an explanation for each domestic instrument considered as a substitute to the foreign instrument, in terms of the specifications, characteristics and technical factors listed in 13a above, why the domestic instrument is not scientifically equivalent to the foreign instrument.

d. State any additional information or explanation which applicant believes relevant to the question of scientific equivalency.

14. If the basis for application for dutyfree entry is excessive delivery times quoted by domestic manufacturers, provide the following:

a. The shortest delivery time quoted by any domestic manufacturer whose instrument is considered scientifically equivalent to the article, between the receipt of a firm order and delivery to the site of the institution.

b. The delivery time quoted by the foreign manufacturer from the receipt of a firm order and delivery to the site of the institution (not the port of entry).

c. Reasons why the delay in obtaining the domestically produced instrument, beyond the date of delivery quoted by the foreign manufacturer, would adversely affect the intended uses of the instrument.

d. If applicant has placed an order for the article, state date (1) order was placed and (2) delivery date contracted for.

e. State any additional information or explanation which applicant believes rele

vant to the question of manufacture in the United States.

The applicant has (check appropriate box) Already placed a bona fide order for the article.

A firm intention, in event of favorable action on this application, to place a bona fide order for the article within the time limit specified by law.

CERTIFICATION

The applicant is informed and believes that no instrument or apparatus of equivalent scientific value, for the purposes stated in reply to Question 7 above, is being manufactured in the United States.

The above-named applicant requests that this application for duty-free importation under P.L. 89-651 be approved and certifies that all statements in this application are true or believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the United States Code and that such willful false statements may jeopardize the validity of the application or any duty-free importation entered thereon. Date

Name (typed) of authorized official:

Title Signature

Person to contact regarding any questions arising in connection with this application: Address

Area Code_----- Telephone No.

APPENDIX B-INSTRUMENTS AND APPARATUS REFERRED TO IN § 602.2(c)

Retinal cameras.

Laryngo-synchrostoboscopes.

Craig countercurrent separation apparatus.
Variable-pressure water channels.
Weissenberg Rheogoniometers.
Neutron Diffractometers.
Triaxial shear apparatus.

Broad range, multigap magnetic spectrographs.

[32 F.R. 9063, June 27, 1967]

700.6

700.7

700.8

700.9

700.10

700.11

700.12

700.13

Five-year plan.

Annual technical services program.
Advisory council.

Criteria for approval of State plans
and programs.

Criteria for approval of special merit programs.

"Qualified institution."

Recordkeeping and fiscal controls.
Correspondence, communications, re-
quests for information, and inspec-
tion of records.
Termination.

700.14 Application of Title VI of Civil Rights Act of 1964.

700.15 Existing or planned technical services program.

700.16 Duplication. 700.17 Repayment. 700.18 Formula for maximum amounts States are eligible to receive. 700.19 Funding programs under the Act. 700.20 Reports.

700.21 Federal coordination and advisory

86-032-68- -26

§ 700.1 Scope of part.

(a) The Act. The State Technical Services Act of 1965 (hereafter referred to as the "Act") became law on September 14, 1965.

(b) Purpose of the Act. The purpose of the Act is to provide a national program of incentives and support for the several States individually and in cooperation with each other in their establishing and maintaining State and interstate technical service programs in order that the benefits of federally-financed research, as well as other research, may be placed more effectively in the hands of American business, commerce and industrial establishments throughout the country. As stated in the Act, this program is essential to the growth of the economy, to higher levels of employment, and to the competitive position of U.S. products in world markets.

(c) Application of part. This part applies to any technical services program for which Federal financial assistance is authorized under the Act.

(d) Delegation of authority. The authority of the Secretary of Commerce under the Act was delegated to the Director, Office of State Technical Services, subject to such policies and directives as the Assistant Secretary of Commerce for Science and Technology may prescribe, by Department Order 7-A, effective November 19, 1965 (30 F.R. 15042, Dec. 4, 1965).