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ings: (1) Minutes of the proceedings shall be made, and when advisable shall be taken stenographically; (2) The names and addresses of all parties present or represented at the hearing shall be recorded; and (3) The Director or examiner should read aloud such parts of the Act and of these regulations as bear on the application. He should also read such other important papers, or extracts therefrom, as may be necessary for a full understanding of the issues needed to be clarified. The Director or examiner should impress upon those parties in attendance at the public hearing, and shall specifically state at the commencement of the hearing, that the hearing is not adversary in nature and that the sole objective thereof is to clarify issues that might have been raised by the application.

(e) Within 6 months after receipt of a fully completed application and/or the adjournment of the public hearing, the Director shall submit his report containing his findings on the application to the Secretary. § 667.5 Report of the Secretary on Fed.

eral recognition. The Secretary, within a reasonable time after receipt of the report of the Director, shall submit a report to the President. The Secretary's report shall include: (a) An evaluation of the purposes and reasons for the exposition; and (b) a determination as to whether guaranteed financial and other support has been secured by the exposition from affected State and local governments and from business and civic leaders of the region and others in amounts sufficient to assure the successful development and progress of the exposition. 8 667.6 Statement for Federal partici.

pation. If Federal participation in the exposition, as well as Federal recognition thereof is desired, the applicant shall in & statement to the Director outline the nature of the Federal participation envisioned, including whether construction of a Federal pavilion is contemplated. (It should be noted, however, that efore Federal participation can be considered under the Act, the exposition must have (a) met the criteria for Federal recognition and be so recognized, and (b) been

registered by the BIE. Accordingly, applicants need not submit such a statement until these prerequisites are satisfied.) Where the Federal participation desired includes the construction of à pavilion, the statement shall be accompanied by the following exhibits:

1. Exhibit No. 1. A survey drawing of the proposed Federal pavilion site, showing its area and boundaries, its grade elevations, and surface and subsoll condition.

2. Exhibit No. 2. An unexecuted deed evldencing the applicant's ability to convey the real property comprising the proposed Federal pavilion site in fee-simple and free of liens and other encumbrances.

3. Exhibit No. 3. A certified copy of the building code which would be applicable should a pavillon be constructed.

4. Exhibit No. 4. An engineering drawing showing the accessibility of the proposed pavilion site to utilities (e.g., sewerage, water, gas, electricity, etc.).

5. Exhibit No. 5. A statement setting forth the security and maintenance arrangements which the applicant would undertake (and an estimate of their cost) while & pavilion is under construction. $ 667.7 Proposed plan for Federal par

ticipation. (a) Upon receipt of the statement, and where applicable the exhibits referred to in § 667.6, the Director shall prepare a proposed plan in cooperation with other interested departments and agencies of the Federal Government for Federal participation in the exposition.

(b) In preparing the proposed plan for Federal participation in the exposition the Director may conduct a feasibility study of Federal participation and cost estimates by utilizing the services within the Federal Government and private professional consultants required.

(c) The Director, in the proposed plan for Federal participation in the exposition, shall determine whether or not & Federal pavilion should be constructed and, if so, whether or not the Government would have need for a permanent structure in the area of the exposition.

(d) The Director shall seek the advice of the Administrator of the General Services Administration to the extent necessary in carrying out the proposed plan for Federal participation in the exposition.

(e) Upon completion of the proposed plan for Federal participation in the ex

as

position, the Director shall submit the plan to the Secretary. $ 667.8 Report of the Secretary on Fed.

eral participation. Upon receipt of the Director's proposed plan for Federal participation the Secretary, within a reasonable time, shall sub

mit a report to the President including: (a) Evidence that the exposition has met the criteria for Federal recognition and has been so recognized; (b) a statement that the exposition has been registered by the BIE; and (c) the proposed plan for the Federal participation referred to in $ 667.7.

CHAPTER VII-OFFICE OF IMPORT PROGRAMS, DE

PARTMENT OF COMMERCE *

Part

701

Instruments and apparatus for educational and scientific institutions.

PART 701-INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS

Sec.
701.1 General provisions.
701.2 Definitions.
701.3

Application for duty-free entry. 701.4 Description of article. 701.5 Intended purposes. 701.6 Justification for duty-free entry. 701.7 Availability of domestic instrument. 701.8

Denial without prejudice to resub

mission. 701.9 Public notice and opportunity to

present views. 701.10 Additions to the record. 701.11 Review and findings of the Depart

ment of Commerce. 701.12 Appeal.

AUTHORITY: The provisions of this Part 701 issued under the Educational, Scientific, and Cultural Materials Importation Act of 1966 (80 Stat. 897; 19 U.S.C. 1202), and Department of Commerce Organization Order 10-3 of February 14, 1971 (36 F.R. 4553),

SOURCE: The provisions of this part 701 appear at 37 F.R. 3892, Feb. 24, 1972, unless otherwise noted. $ 701.1 General provisions.

(a) The purpose of this part is to set forth regulations relating to the responsibilities vested in the Secretary of Commerce under the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Public Law 89–651; 80 Stat. 897; see particularly section 6(c) thereof and headnote 6(f) to part 4 of Schedule 8, Tariff Schedules of the United States, 19 U.S.C. 1202 as added by said section

6(c)). The Act provides, inter alia, that any nonprofit institution (whether public or private) established for educational or scientific purposes may obtain duty-free treatment of certain instruments and apparatus entered for its use, if the Secretary of Commerce determines that no instrument or apparatus of equivalent scientific value to such article, for the purposes for which the instrument or apparatus is intended to be used, is being manufactured in the United States. The responsibilities of the Secretary of Commerce under the Act have been delegated to the Assistant Secretary for Domestic and International Business of the Department of Commerce, with power of redelegation, by Department of Commerce Organization Order 10–3 of February 14, 1971.

(b) All references in this part to items, headnotes, schedules or parts, unless otherwise indicated, are references to items, headnotes, schedules or parts of the Tariff Schedules of the United States (19 U.S.C. 1202).

(c) Applications for duty-free entry of foreign instruments, and comments submitted in accordance with $ 701.9, shall be written, typed or printed, in the English language and shall be legible. Copies of relevant documents, such as manufacturers' specifications, advertisements for bids, correspondence relating to availability of instruments or apparatus or the like, should be made a part of an application or comments, and be fully identified. Each copy should be permanent and legible, and shall be attached as part of the response to the question to which it relates. A document in a for

237 F.R. 3892, Feb. 24, 1972.

eign language shall be accompanied by an accurate translation.

(d) The Educational, Scientific, and Cuitural Materials Importation Act of 1966 vests certain responsibilities in the Secretary of the Treasury in connection with the duty-free entry of scientific instruments and apparatus. Regulations of the Bureau of Customs pertaining to receipt and processing of applications, exclusion of certain articles from duty-free entry, procedures for entry and liquidation, disposition of articles entered dutyfree, and other relevant matters are set forth in 19 CFR 10.114–10.119. 8 701.2 Definitions.

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

(a) “Deputy Assistant Secretary” means the Deputy Assistant Secretary for Resources of the Department of Commerce, or such official as may be designated by him to act in his behalf.

(b) "Instruments and apparatus" embraces only instruments and apparatus classifiable under the tariff items specified in headnote 6(a) of part 4 of Schedule 8. A combination of a basic instrument or apparatus and additional components shall be treated as a single instrument or apparatus provided that, under normal commercial practice, such combination is considered to be a single instrument or apparatus and provided further that the applicant has ordered or, upon favorable action on its application, firmly intends to order the combination as a unit.

(c) “Accessory” has the meaning which it has under normal commercial usage. An accessory for which duty-free entry is sought under item 851.60 shall be the subject of a separate application when it is not

an

accompanying accessory.

(d) “Accompanying accessory” means an accessory for a foreign instrument that is listed as an item in the same purchase order and that is necessary for accomplishment of the purposes for which the foreign instrument is intended to be used.

(e) “Article” means a foreign instrument and its accompanying accessories, unless context indicates otherwise.

(f) "Foreign instrument” means an instrument, apparatus, or accessory for which duty-free entry is sought under

item 851.60. However, "foreign instrument” does not include repair components, which enter under item 851.65.

(g) “Domestic instrument” means an instrument, apparatus, or accessory which is manufactured in the United States.

(h) "United States” includes only the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

(1) "Produced for stock” means an instrument, apparatus, or accessory which is manufactured, on sale and available from a stock.

(j) "Produced on order" means an instrument, apparatus, or accessory which a manufacturer lists in a current catalog and is able and willing to produce and have available without unreasonable delay to the applicant.

(k) “Custom-made" means an instrument, apparatus or accessory, which & manufacturer makes to purchaser's specifications.

(1) "Same general category" means the category in which an instrument, apparatus or accessory is customarily classified in trade directories and product-source lists, e.g., electron microscopes, mass spectrometers, light microscopes, X-ray spectrometers, and the like.

(m) "Most closely comparable instrument” means the domestic instrument that most closely fulfills the applicant's technical requirement described in response to question 7 of the application form, without regard to differences in cost, design or structural characteristics.

(n) "Pertinent specifications” of an instrument, apparatus, or accessory means those structural, operational, performance, and other characteristics specified for the instrument, apparatus, or accessory that are necessary for the accomplishment of the purposes described by the applicant in response to question 7 of the application form, excluding from consideration those purposes excluded by headnotes 1 or 6(a) to Part 4 of Schedule 8. The term does not extend to such characteristics as size, durability, complexity, ease of operation, ease of maintenance and versatility, unless the applicant can demonstrate that they are necessary for accomplishing the purposes for which the article is intended to be used. The term does not include cost differences between the domestic and foreign instrument, apparatus or accessory.

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