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headnote 1 to schedule 8, part 6 of the Tariff (d) Upon affirmative determination Schedules of the United States, the United

by the U.S. Information Agency as to the States Information Agency is hereby des

qualification of the certified articles for ignated as the agency to carry out the provisions of the Agreement and related proto

such entry, the Applicant will be advised col, and to make any determinations and to

of the determination, and be provided prescribe any regulations required by head- with an authenticating document for note 1."

presentation with the related Customs

documentation at the Port of Entry, for (c) Public Law 89–634 further pro

duty-free clearance under Item 870.30. vides:

(e) If for any reason the U.S. In“It shall be the duty of the Federal agency formation Agency is unable to accept and or agencies so designated to take appropri

authenticate a foreign certificate, the ate measures for the carrying out of the

Applicant will be promptly so notified, provisions of the Agreement including the issuance of regulations.

together with either (1) request for "SEC. 2. Agencies of the Federal Govern

additional information or (2) the reasons ment are authorized to furnish facilities and why the certificate cannot be accepted. personnel for the purpose of assisting the Qualification or non-qualification of agency or agencies designated by the Presi- material for entry under Tariff Item dent in carrying out the provisions of the 870.30 does not affect its eligibility for Agreement.”

entry under other laws of the United

States. § 502.3 Procedures.

(f) Exports: U.S. educational/infor(a) Applicant: An “Applicant” is (1)

mational audio-visual materials, as the U.S. holder of “basic rights” in mate

identified in the Substantive Criteria of rials he submits for export certification, these Regulations, may, if eligible as (2) the holder of a foreign certificate or provided herein, be certified by the U.S. his exporter or U.S. importer or the Information Agency as being “of interagent of any of them as to materials pro

national educational character," and posed for import to the United States, or thus entitled to special import privileges (3) the U.S. consignee of materials pro- such as duty-free entry abroad in “Beirut posed for U.S. import under a foreign

countries” (see § 502.7 on history and certificate. Any “Applicant” may request

background, for a list of the countries USIA to certify materials for export or

where there is formal and informal parto authenticate a foreign certificate for ticipation under the Beirut Agreement). import of materials.

(g) For general information and ap(b) Imports: Educational / informa

plication forms, Applicants should write tional audio-visual materials, as identified in the Substantive Criteria of the International Communications Media Staff regulations in this part, are permitted (IMV/C), U.S. Information Agency, Washduty-free entry into the United States ington, D.C. 20547. upon authentication by the United States

Applicants seeking certification of mateInformation Agency of the Certificate of

rials, should send to the same office, the the Government of the country wherein

following: basic ownership is held, or of the certificate of the United Nations Educational,

(1) A completed Application for each

subject or series to be certified. Scientific and Cultural Organization (2) A notarized document evidencing (UNESCO), attesting the educational/

Applicant's basic ownership or right in informational character of such mate

the materials. rials within the meaning of the “Agree

(3) A description of the content of the ment”, and compliance with applicable

material (where appropriate and feasible Customs entry procedures (see 19 CFR attachments should be included, such as 10.121).

narrations, captions, advertising leaflets, (c) In order to establish qualification

catalogs, etc.; indicate clearly if these for entry into the United States under

attachments are to be returned to the the provisions of Tariff Item 870.30, the

Applicant). Applicant shall forward the foreign cer

(4) Copies or examples of the matetificate directly to:

rials, if feasible; same to be transmitted International Communications Media Staff prepaid, and will be returned promptly

(IMV/C), U.S. Information Agency, Wash- (the question can be discussed with the ington, D.C. 20547.

Agency preliminarily if transmittal

to:

seems infeasible due to bulk, fragility or

(b) In addition to such ad hoc conlarge quantities, or because excessive cost sultation of experts, a regular group of would be involved; one item may serve

advisors exists as a standing committee as an example of a series, or the Agency

to advise this program, both as to broad may have reviewed the material previ

policy and to evaluate specific materials; ously in another context).

this is the Interdepartmental Committee (h) It is anticipated that action of the

on Visual and Auditory Materials for Agency on a certification request will

Distribution Abroad, and its Attestation usually take about 2 weeks. If a longer

Subcommittee. The Committee is cominterval is expected, the Agency will send

posed of members representing the U.S. the Applicant an interim acknowledg

Information Agency, Department of ment indicating the action time esti

State, Defense Department (including mated.

Department of the Army, Department (i) Upon certification, the Applicant

of the Navy, Department of the Air will receive the original Certificate and

Force, and the Marine Corps), Agriculfour signed copies. The Applicant should

ture Department, Department of Health, retain the original, so that he may re

Education, and Welfare (including U.S. produce it by photocopying, to service

Office of Education and the National Inhis future needs in connection with sub

stitu of Health), Department of sequent shipments of identical copies of

Transportation (including Federal Aviathe same material. A copy of the Certifi

tion Administration, Federal Highway cate should accompany each shipment

Administration, and the Coast Guard), abroad, but further instructions may be Commerce Department (including the available from the foreign importer.

National Bureau of Standards and the (j) If for any reason the Agency is un

Environmental Science Services Adminable to certify the materials, the Appli

istration), Interior Department (includcant will be promptly so notified, to

ing Bureau of Mines), Treasury Departgether with either (1) a request for

ment, Post Office Department, General additional information or (2) the rea

Services Administration (including Nasons why the certificate cannot be issued.

tional Archives and Records Service), Qualification or non-qualification of ma

Atomic Energy Commission, Veterans terial under the Beirut Agreement does

Administration, Library of Congress, Nanot affect the right of export, nor the

tional Aeronautics and Space Adminisright of foreign import under other laws.

tration, National Gallery of Art, and the § 502.4 Consultation of experts.

National Science Foundation.

[32 F.R. 10352, July 14, 1967, as amended at (a) The Chief Attestation Officer of

33 F.R. 15547, Oct. 19, 1968) the United States (International Communications Media Staff, U.S.I.A.

$ 502.5

Review and appeal. IMV/C) and the Attestation Officers under his supervision will routinely and

(a) A Review Board for import and excontinuously receive Agency policy and

port rulings under this Program consists legal guidance, and protests of Appli

(within USIA) of three members, apcants will be reviewed by the Review

pointed by the Director, USIA. Board and by the Agency's Director as

(b) Any Applicant may ask for formal provided below. The Chief Attestation

review of any ruling of a USIA AttestaOfficer and his staff will regularly consult

tion Officer. The request for review must

be made in writing and addressed to experts throughout the Agency and

thethroughout the Government whenever the examination of materials (for certifi- Review Board for the International Audiocation or authentication) indicates the Visual Program (IMV/C), U.S. Informadesirability of substantive expertise in

tion Agency, Washington, D.C. 20547. making a fair evaluation. Whenever ap- supported by such data and arguments propriate, and enever requested by an as he wishes to be considered. If the ApApplicant, experts who have been con- plicant wishes the Review Board to sulted will be available for discussions screen or examine the materials in queswith the Applicant.

tion, he should so state and, as to ex

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ports, arrange to furnish such materials

When their primary purpose or effect is to to the Review Board. The Review Board instruct or inform through the development will render the Applicant a written deci- of a subject or aspect of a subject, or when sion, reversing, modifying or affirming

their content is such as to maintain, increase the ruling of the Attestation Officer.

or diffuse knowledge and augment interna(c) The Applicant may make written

tional understanding and good will; appeal to the Director, USIA, from any

When the materials are representative, au

thentic, and accurate; and decision furnished him by the Review

When the technical quality is such that Board, provided his Appeal is received it does not interfere with the use made of by the Agency within 30 days after his the material. receipt of the Review Board decision.

of

(b) Interpretation criteria: The Director will personally review the

(Though neither purposely selective on Agency record of the case, or will advise the Applicant that he is appointing a

the one hand nor comprehensive on the Designee to do so. In either event, the

other, the following relate to some of the Director will furnish the Applicant his

problem areas

en

most frequently written decision on the appeal, which

countered.) shall constitute final administrative ac

(1) The Agency does not certify or tion on the case.

authenticate materials the primary pur

pose or effect of which is to amuse or $ 502.6 Substantive criteria.

entertain.

(2) The Agency does not certify or (a) For both exports and imports, the

authenticate materials the primary purAgency applies the criteria set forth in

pose of which is to inform concerning the “Agreement for Facilitating the In

timely current events (newsreels, newsternational Circulation of Visual and

casts, other forms of "spot news”). Auditory Materials of an Educational, Scientific and Cultural Character" (3) The Agency does not certify or (adopted at the Third Session, General authenticate materials which by special Conference of UNESCO, Beirut, 1948), pleading attempt generally to influence viz:

opinion, conviction or policy (religious, (1) Audio-visual materials are those economic, or political propaganda), to exemplified by the following types and espouse a cause, or conversely, when they forms: developed and/or printed films, seem to attack a particular persuasion. filmstrips and microfilm; sound record- Visual and auditory materials intended ings; slides, models, charts, maps, and for use only in denominational programs posters. They include but are not limited or other restricted organizational use in to: Motion pictures, videotapes, trans- moral or religious education and which parencies, and combinations of sound/ otherwise meet the criteria set forth unpicture and sound/printing.

der paragraph (a) of this section and (2) The country wherein the material subparagraph (5) of this paragraph, may originated shall be taken to mean, or

be determined eligible for certification shall include, the country of “basic own- in the judgment of the Agency. ership” of the material. The country of (4) Audiovisual material intended for basic ownership is not necessarily the personnel training or commodity serviccountry of photography or the country ing is usually eligible even though it is of production, nor does it necessarily clearly keyed to a particular organizamean the country where irrevocable re- tion or product. However, the Agency production and distribution rights are does not certify or authenticate mateheld; these factors are considered in de- rials the purpose or effect of which is to termining the country of basic owner

stimulate the use of a special process or ship.

products to advertise a particular or(3) Audio-visual materials shall be

ganization or individual, or to raise deemed to be of international educa- funds. The Agency considers that an tional character:

incidental appeal of this sort does not

invalidate the educational character of record players, etc. by which the audio/ material, such as when the appeal is for visual impulses are brought to the audiservice or help in noncompetitive, volun- ence, are known as “hardware"; hardtary cooperative participation in public ware is not eligible. services and does not involve contribu- (6) When properly differentiated from tions of money or marketable commod- toys and games (see subparagraph (7) of ities. Normal credits or mention of a this paragraph) there can be no doubt as sponsor or product are usually deemed to the eligibility of a variety of teaching "incidental” in this sense; the degree aids which fall generally in the broad and purpose of advertising may be con- designation of “charts”. These items, sidered in this connection. In no event, some of which are described as display however, will materials be considered cut-outs, flannel-graphs, and the like, eligible which make categorical claims may be eligible by themselves and may be of exclusivity.

found as components in a variety of (5) The Agency does not regard as “kits” (see subparagraph (9) of this augmenting international understanding paragraph). or good will and cannot certify or au- (7) Following the practice of the U.S. thenticate any material which may lénd educational community, the Agency conitself to misinterpretation, or pre- siders, as a matter of definition, that an sentation of the United States or other educational "model" is a simulated obcountries, their peoples or institutions, ject, less than, a mock-up of, or a depicor which appear to have as their pur- tion of, the real item; for these purposes, pose or effect to attack or discredit eco- "realia” are considered the antithesis nomic, religious, or political views or of “model”, and thus are ineligible. One practices.

test is whether the article in question (6) The Agency does not certify or au- could perform the regular function of the thenticate any materials which have not real item (for example, pilot-training in fact already been produced at the time planes and driver-training autos qualify of application.

as realia and therefore are not certifiable (c) Classes of material:

as models). Moreover, such objects or (1) Motion picture films, filmstrips

machines, being designed for or used in and microfilm in exposed and de

the development of manipulative or tacveloped negative form, or in positive

tile skills (e.g. aircraft pilot or automobile form, viz., masters or prints; teletrans

driver training devices, typewriters criptions; kinescopes; videotape, and adapted for training purposes, etc.) as prints therefrom.

distinguished from educational and in(2) Electronic sound recordings and

formational material designed primarily sound/picture recordings of all types and

for instruction by seeing or hearing, come forms; pressings and transfers of same. more properly under the category of (3) Photographs, transparencies and

“hardware” (see subparagraph (5) of slides; models, static and moving; charts,

this paragraph). When components of a globes, maps and posters.

mock-up are themselves realia, inter(4) Recorded music may be consid- changeable with comparable components ered, the Agency recognizing that certain in the real items, the mock-up article will music recordings have as their primary

be certifiable only if the aggregate value purpose or effect “to instruct or inform” of the realia components is a minimal and do otherwise conform to the above portion of the value of the complete artirequirements. In considering recorded cle (the model). Frequently, in order to music for which certification or authen- consider the certification question for a tication is requested, the Agency may be model it will be necessary to do so in the guided by evidence in the recordings or context of its use. This is especially true in collateral submitted material, such where there will be home use of toys or as teaching guides, etc., which support games with obvious informational/eduthe educational or informational purpose cational values, as distinguished from or effect of the recordings.

models for formal instructional use. Toys (5) When images and sounds are

and games

are not certifiable even carried on film, transparencies, tape, rec- though the technical quality may be very ords, and the like, the latter are known to high, as may the cost. Certain sets or obthe U.S. audiovisual industry as "soft- jects popularly called "models" (e.g. ware" and are eligible hereunder. Con- model airplanes, ships, railways) do not versely, the projectors, tape-machines, qualify for certification under the terms of the “Agreement” when their principal (i) The principal component(s) are intended uses are as collectors' items, audiovisual materials of the types and toys, or decorations. A model, like other forms listed in Article II of the “Agreeclasses of material, to be eligible under ment”; (ii) the collateral components, the “Agreement” must have as its pur- if any, are necessary to the effective pose or effect to “instruct or inform realization of the educational or informathrough the development of a subject or tional purpose of the kit (but usually are aspect of a subject”. This element of con- not major cost items); (iii) the collateral tinuity can readily be found if the model components are not projectors, viewers, shows a step-by-step development of a or similar hardware equipment; and concept, system or process, or if the visual (iv) when it is recited that such certifirepresentation is accompanied by a sound cates may cover the entire kit, or the recording describing the subject illus- audiovisual components of the kit sepatrated, or in a variety of other ways. In

rately, but not the collateral component general, the following characteristics will materials separately. frequently support the qualification of :a, (d) Application of criteria: model for certification under the “Agree. (1) The Agency has, as its general apment”: when it is a scale or proportional proach to certification and authenticarepresentation of a concept, system, or tion, the desire to facilitate, in so far as processes; when it meets professional appropriate, the international circulation standards of authenticity and accuracy; of visual and auditory materials. Howwhen it illustrates through continuity a ever, the Agency in appraising materials subject or aspect of a subject; when, be- submitted will consider their purpose or ing functional or “moving”, it operates effect in relation to their intended educawith simple batteries, electric outlet, by tional level, and will exercise its judghand, or otherwise not dependent on a ment in determining whether the content self-contained power unit; when it is ac- of the material is of sufficient substance companied by evidence, such as teaching to maintain, increase or diffuse knowlguides or instructional materials, that edge of the subject it covers, at the inthe intended use is informational or

tended educational level. educational.

(2) The Agency will avoid the certifi(8) With respect to planetaria, the

cation or authentication of classes of maAgency considers most models of planets,

terials which it believes participating solar systems and the like, intended for countries would be unwilling to admit classroom display or similar instructional free of duty under the terms of the or informational use, to be eligible for Agreement. certification; planetaria which include (e) Assistance without certification: projectors, domes, and screens are ineli- The Agency may, in its discretion, issue gible for certification.

a letter or other document to facilitate (9) The Agency is called upon in- the shipment to a specific country (or creasingly to consider for certification countries) of materials intended for spe“kits” of materials intended for instruc

cialized limited use in an educational, tional or informational purposes. Such

scientific or cultural context, if for any kits usually consist of several items of

technical reason the material may not audiovisual materials of the types and be eligible for general certification. The forms listed in Article II of the “Agree

users and nature of the intended use ment,” and may include one or more

abroad of such material must be clearly related items (sometimes hardware) in

established by the Applicant if this astended for use with the audiovisual ma- sistance "outside the treaty” is to be terials. It has been found that Govern- considered; of course, facilitation of enments of some importing countries are try comparable to the Beirut standards willing to admit these kits when certified is not obligatory on the importing nation as visual and auditory materials within

under this extraordinary procedure. the terms of the “Agreement.” Ideally, [32 F.R. 10352, July 14, 1967, as amended at the kits will be clearly certifiable when: 33 F.R. 15547, Oct. 19, 1968]

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