IBS/Boulder, for sites in Colorado), provided, however, that this shall not apply to photography for purposes of civic promotion.

(b) Commercial advertisements and other material which are not directly pertinent or applicable to NBS employees but which nevertheless may be of interest or benefit to them, may, with the approval of the Associate Director for Administration (Executive Officer, IBS/ Boulder, for sites in Colorado), be placed in an appropriate location and made available to employees who visit that area. Except with approval as provided herein, no person shall distribute commercial advertising literature or engage in commercial soliciting on the site. § 265.43 Pets and other animals.

Except in connection with the conduct of official business on the site or with the approval of the Associate Director for

Administration (Executive Officer, IBS/ Boulder, for sites in Colorado), no person shall bring upon the site any cat, dog, or other animal, provided, however, that blind persons may have the use of seeing eye dogs.

Subpart D-Penalties

§ 265.51 Penalties-other laws.

Except with respect to the laws of the State of Maryland and the State of Colorado assimilated by § 265.5 or otherwise, whoever shall be found guilty of violating these regulations is subject to a fine of not more than $50 or imprisonment of not more than 30 days, or both (40 U.S.C. 318c). Except as expressly provided in this part, nothing contained in these regulations shall be construed to abrogate any other Federal laws or regulations, or any State and local laws and regulations applicable to the area in which the site is situated.

Issuance of FEP Import Authorizations.

302.10 Transfer of FEP Import Authorizations.

302.11 Time extensions.

302.12 Appeals.

302.13 Exemptions.

302.14 Violations and penalties.

302.15

Communications.

302.16 Transitional provisions.

302.17 Revocation of previous order. Appendix A

AUTHORITY.-Secs. 402, 404 (b), 601 of the Federal Property and Adminstrative Services Act of 1949, as amended (63 Stat. 398, 399, 64 Stat. 583; 40 U.S.C. 512, 514(b) and 473); Foreign Liquidation Commissioner's Reg. 8 (44 CFR 308.15); Commerce Department Organization Orders No. 10-3, as amended, and 40-1; and Domestic and International Business Administration Organization and Function Orders 44-1 and 44-2.

SOURCE: 38 FR 11068, May 4, 1973, unless otherwise noted.

This part prescribes regulations for making applications for determinations as to whether importation of foreign excess property, as defined in this part, would relieve domestic shortages or otherwise be beneficial to the economy of this country. This part also prescribes: (a) Procedures for the issuance of FEP Import Determinations and FEP Import Authorizations, as defined in § 302.2(g) and (h); (b) detailed criteria to be applied in determining whether importation of foreign excess property would relieve domestic shortages or otherwise be beneficial to the economy of this country; and (c) procedures for the making of general determinations and amendments and withdrawals thereof by the Deputy Assistant Secretary with respect to the importation of particular foreign excess property. It should be noted that foreign excess property may, in whole or in part, also be subject to the import permit re

quirements of the Department of the Treasury under the Mutual Security Act of 1954, as amended. (See 26 CFR part 180.) In such instances, issuance of an FEP Import Authorization in no way affects those import permit requirements. § 302.2 Definitions.

For the purposes of the regulations in this part and the forms issued to implement them:

(a) "Foreign excess property” (FEP) means any property (except any agricultural commodity, food, or cotton or woolen goods) located outside the United States, under the control of any Federal agency which is not required for its needs and the discharge of its responsibilities as determined by the head thereof. It includes any such property after it has been disposed of by such Federal agency, notwithstanding any subsequent change of ownership. The importation of surplus property sold by the U.S. Government or any agency thereof in foreign areas before July 1, 1949, is governed by foreign Liquidation Commissioner's regulation 8, which delegates to the Secretary of Commerce jurisdiction over some but not all of such property. To the extent that jurisdiction over such property is delegated to the Secretary of Commerce, such property shall be deeemd to be foreign excess property, and is governed by the provisions of this part.

(b) "Deputy Assistant Secretary" means the Deputy Assistant Secretary for Resources and Trade Assistance, Domestic and International Business Administration, Department of Commerce.

(c) "Foreign Excess Property Officer (FEPO)" means the officer appointed by the Deputy Assistant Secretary to administer the regulations of this part.

(d) "Appeals Board" means the Appeals Board for the U.S. Department of Commerce.

(e) "Person" means any individual, corporation, partnership, firm, association, trust, estate, or other entity.

(f) "United States" means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

(g) "FEP Import Determination" (Form DIB-303, formerly Form FEPF-2) means the document issued by the FEPO stating that the importation of specified and identified foreign excess property would, or would not, relieve domestic

shortages or otherwise be beneficial to the economy of this country. An FEP Import Determination is not an authorization to import foreign excess property. (h) "FEP Import Authorization" (Form DIB-305, formerly Form FEPF-4) means the document issued by the FEPO to the owner of specified and identified foreign excess property authorizing such person to import such foreign excess property in the United States within the period stated therein.

(i) "Used" property means property which at the time of disposal by a Federal agency is classified as such in the product description and condition in the invitation for bid.

(j) "Unused" property means property which at the time of disposal by a Federal agency is classified as such in the product description and condition in the invitation for bid.

[38 FR 11068, May 4, 1973, as amended at 38 FR 14748, June 5, 1973]

(a) Basic criteria. The basic criteria governing the importation of foreign excess property contained in the Federal Property and Administrative Services Act of 1949, as amended, are whether “* the importation of such property would relieve domestic shortages or otherwise be beneficial to the economy of this country * * *." These basic criteria require particularization in their application. More detailed criteria are set forth below.

(b) Detailed criteria.-(1) Shortages. A shortage in the market for any particular type or class of goods or materials exists when the demand is greater than the supply. Shortages may be temporary or seasonal in nature and may also be chronic or of long duration. Shortages may be caused by inadequate productive capacity to supply the market; by insufficient raw materials or component parts; by inadequate labor force or work stoppage; or by lack of sufficient demand to support economic production. Shortages are to be determined as of the date of receipt of an application for FEP Import Determination. Normal commercial practices applicable to the production and delivery of particular goods and materials shall be considered in determining whether shortages exist.

(1) Competitive products. In determining shortages, a product of specific grade, quality, capacity or dimension, or having particular performance characteristics, shall be considered competitive

with domestically produced products of like or equivalent grade, quality, capacity, dimension or performance characteristics.

(ii) Outstanding FEP Import Determinations. FEP Import Determinations issued for the importation of a given product will be included in the domestic supply for the purpose of determining whether shortages exist.

(iii) Unused versus used property. Unless the facts and circumstances dictate to the contrary, unused foreign excess property will be regarded as competitive with unused property of domestic manufacture, and used foreign excess property will be regarded as competitive with used property of domestic manufacture.

(iv) Geographic basis for determination. The market area for particular foreign excess property shall be the entire United States, or parts thereof, depending on established market boundaries for such property. A determination that importation of particular foreign excess property would or would not relieve domestic shortages shall take into consideration the economic accessibility of available competitive products to the market area in which it is proposed to sell or use the particular foreign excess property.

(2) Beneficial to the economy of this country. The importation of foreign excess property must have special benefits over and beyond any benefits to be derived in the marketplace solely by an added supply of goods and materials through imports.

(1) Unique items. Articles of historical value for use as museum or collection pieces and the like may be considered beneficial to the economy.

(ii) Expenditures accruing from the importation. A need for expenditures for labor, materials, parts, storage, transportation, and the like, together with other relevant factors, subsequent to importation, may be considered beneficial to the economy.

§ 302.4 General determinations of shortage or benefit.

(a) Upon application of any interested person or on his own motion, the Deputy Assistant Secretary may make a general determination that the importation of particular foreign excess property would relieve domestic shortages or otherwise be beneficial to the economy of this country and may amend or withdraw any

general determination he may issue. The Deputy Assistant Secretary may make such general determination, subject to such conditions as he may deem appropriate, and shall publish notice thereof in the FEDERAL REGISTER.

(b) Upon publication in the FEDERAL REGISTER of a notice of general determination that the importation of particular foreign excess property would relieve domestic shortages or would otherwise be beneficial to the economy of this country, and until such general determination is amended or withdrawn by notice published in the FEDERAL REGISTER, the FEPO will issue FEP Import Authorizations for such property upon the receipt of applications for FEP Import Determinations provided: (1) Each such application is complete in all material respects as prescribed in the instructions contained in form DIB-302P (formerly form FEPF-1); (2) the following statement is entered in part I, box 8 of form DIB-302P in lieu of the information called for the heading thereof;

This application is filled in accordance with and subject to the provisions of § 302.4 General determinations of shortage or benefit. (3) proof of ownership of the property is attached to the application; and (4) the application otherwise complies with the regulations of this part.

§ 302.5 Entries in bond for reexport.

(a) Applications for importation of foreign excess property in bond for reexport will not be entertained by the FEPO. The procedures set forth in this section shall be applicable to such applications and importations.

(b) The Bureau of Customs, Department of the Treasury, shall have authority to permit the entry into the United States of foreign excess property in bond for reexport. Bonds accepted for this purpose by the Bureau of Customs shall conform to Bureau of Customs Form 7551 or 7555, with the added condition: There is incorporated in and made a part of the bond No. dated in the amount of

-----

as principal, and

executed by

as surety, the following added condition: Whereas, the principal named in the said bond has been permitted to enter merchandise subject to the provisions of section 402 of the Federal Property and Administrative Services Act of 1949, as amended, which has been imported for reexport:

The obligors named in the above-mentioned bond stipulate and agree that there shall be delivered to the District Director

of Customs for the port of entry named in this bond or to the District Director at another port of entry in accordance with the provisions of law and regulations pertaining to the entry and exportation of merchandise, all the above-described merchandise for customs inspection and identification prior to exportation; and if such merchandise shall not be used for any gainful purpose in the United States; and if all the merchandise shall be actually so exported within 2 years from the date of importation, or within any lawful extension of such period, and if the said merchandise shall not be relanded in the United States; or, in default thereof, the obligors shall pay to the District Director of Customs such amounts as liquidated damages as may be demanded by him in accordance with the law and regulations, not exceeding the amount of this obligation. Then this added condition shall be void, otherwise to remain in full force and effect.

(c) Requests for extension of time for reexportation shall be made to the appropriate District Director of Customs.

(d) The Commissioner of Customs may promulgate such regulations not inconsistent herewith as he deems appropriate with respect to applications for importation of foreign excess property in bond for reexport, and procedures of the Bureau of Customs in respect to such applications.

(e) Persons making applications to import foreign excess property in bond for reexport shall comply with regulations promulgated by the Commissioner of Customs. The provisions of § 302.7 of this part shall not apply thereto.

§ 302.6 Entries in bond other than for reexport.

(a) If an applicant for an FEP Import Determination or FEP Import Authorization elects to do so, he may specify in his application that the foreign excess property which he proposes to import will be processed, reprocessed, disposed of, or otherwise dealt with in a stated manner. If the FEPO determines that importation of the property under the specified conditions would relieve domestic shortages or otherwise be beneficial to the economy of this country, he may authorize importation of such property upon condition that the applicant, prior to or concurrently with entry of the property, furnish a bond to assure compliance with the conditions of the FEP Import Authorization with sufficient surety to the District Director of Customs for the port of entry of such property. Such bond shall conform to Bureau