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missioner of Customs if the district of entry is not known to the Deputy Assistant Secretary, of the final disposition of each application. If the Deputy Assistant Secretary 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 (1) when 20 days have elapsed after publication of the decision in the FEDERAL REGISTER and no appeal has been taken pursuant to $ 701.12, or (2) if such appeal has been taken, when final judgment is made and entered by the U.S. Court of Customs and Patent Appeals.

(e) Consolidated decision. The Deputy Assistant Secretary may on his own initiative, consolidate two or more applications under a single notice of consolidated decision whenever he deems such consolidation to be appropriate. An appeal from any decision published in such notice of consolidated decision which is

taken in accordance with headnote 6(e) to part 4 of Schedule 8, shall affect only that application (s) to which the specified decision and appeal relates. $ 701.12 Appeal.

An appeal from any decision made pursuant to $ 701.11 may be taken, in accordance with headnote 6(e) to part 4 of Schedule 8, only to the U.S. Court of Customs and Patent Appeals and only on a question or questions of law, within 20 days after publication of the decision in the FEDERAL REGISTER. If at any time while its application is under consideration by the Deputy Assistant Secretary or by the Court of Customs and Patent Appeals on an appeal from a finding by him, an institution cancels an order for the instrument or apparatus to which the application relates or ceases to have a firm intention to order such instrument or apparatus, the institution shall promptly notify the Deputy Assistant Secretary or such court, as the case may be.

CHAPTER VIII-OFFICE OF BUSINESS ECONOMICS,

DEPARTMENT OF COMMERCE

Part 802 Annual reporting of revenues for carrying imports to, and expenditures in,

the United States of shipping and air transport operators of foreign

nationality. 803 Reports on foreign investment and on international receipts and payments

of royalties and fees.

PART 802—ANNUAL REPORTING OF (2) The Department of Commerce REVENUES FOR CARRYING IM

may in lieu of individual reports required PORTS TO, AND EXPENDITURES IN,

under this part, accept consolidated re

ports from foreign governments covering THE UNITED STATES OF SHIPPING

the operations of their national shipping AND AIR TRANSPORT OPERATORS

concerns when, in its discretion, such OF FOREIGN NATIONALITY

consolidated reports would provide the Sec.

information required by this part. 802.1 who must report.

Where such reports are accepted, the in802.2 Forms to bo used.

dividual reports from operators or their 802.3 Information to be furnished.

agents will not be required. 802.4 Time and place of filing reports.

(b) The foreign operator, for purAUTHORITY: The provisions of this part 802

poses of this part, means the owner, issued under R.S. 161; 5 U.S.C. 301. Interpret managing or operating owner, chartered or apply sec. 8, 59 Stat. 515; 22 U.S.C. 2861, owner, or subchartered owner who enE.O. 10033, 14 F.R. 561, 3 CFR, 1949 Supp. ters into and carries out any form of

SOURCE: The provisions of this Part 802 transportation contract with the shipappear at 17 F.R. 4922, May 30, 1952, unless pers of merchandise or with passengers. otherwise noted. Redesignated at 18 F.R. (c) If foreign-owned vessels or air8111, Dec. 10, 1953.

craft are chartered to other foreign $ 802.1 Who must report.

operators, the owner should report his

expenses in the United States, if any, and (a) (1) A report is required from or on

the operator should report the freight or behalf of every foreign individual or

charter revenue earned from the shiporganization incorporated, licensed or

pers of merchandise and his expenses in otherwise granted permission in coun

the United States. tries other than the United States to

(d) If foreign-owned vessels or airoperate vessels or aircraft if engaged in

craft are chartered to a United States carrying goods or passengers to or from

operator, the owner should report his exthe United States. Agents or operating

penses in the United States, if any. agents must respond where acting for

(e) Reports submitted by agents foreign operators, unless the operator should include all disbursements achas his own orice in the United States to

counted for directly by them to the forwhich the agent is accountable or unless eign company at its foreign office; if subthe operator elects to report directly agents report through a principal agent from his home office.

in the same or another location, the 84-057–73_25

377

principal agent should file a consolidated report on behalf of the foreign company. & 802.2 Forms to be used.

Vessel operators shall report on Form BE-29, Aircraft operators shall report on Form BE-36." $ 802.3 Information to be furnished.

The information required for balanceof-payments purposes consists of the earnings of foreign operators from the carriage of imports into the United States and their total expenses incurred in the United States on both passenger and freight operations, including overhead. Voluntary replies to questions 5. 6, 7 and 8 on Form BE-29 (vessel operators) regarding earnings on exports and movements in accounts due to or payable from home offices of foreign branches in the United States are requested but are not required by law. 8 802.4 Time and place of filing reports.

Reports shall be filed annually on or before March 31 of each year to cover operations of the preceding calendar year, except that a report covering operations for 1951 shall be filed on or before June 30, 1952. Reports shall be filed with the Department of Commerce, Office of Business Economics, Balance of Payments Division, Washington, D.C. 20230.

AUTHORITY: The provisions of this Part 803 Issued under R.S. 161; 5 U.S.C. 301. Interpret or apply sec. 8, 59 Stat. 515; 22 U.S.C. 2861, E.O. 10033, 14 F.R. 561, 3 CFR, 1949 Supp.

SOURCE: The provisions of this part 803 appear at 27 F.R. 3846, Apr. 21, 1962, unless otherwise noted. § 803.1

Who must report. (a) United States business investments abroad (1) Basic requirement. A report is required from every corporation, partnership, individual, or any other person or closely related group of persons subject to the jurisdiction of the United States and ordinarily residing within the United States having:

(i) Ownership of 25 percent or more of the voting stock of foreign corporations, either directly or together with domestic or foreign affiliates (Forms BE-577 and BE-5779). See $ 803.2(a) (1) for further detail.

(ii) Ownership of at least 10 percent, but less than 25 percent, of the voting stock of foreign corporations, or the equivalent interest in an unincorporated foreign enterprise, held either directly or together with domestic affiliates (Form BE-577A). See $ 803.2(a) (1) for further detail.

(iii) Unincorporated foreign branches, or other direct foreign operations conducted by a United States incorporated interprise or other business organization in its own name in a foreign country. This includes mining claims, oil concessions, exploration and development activities or other property held by United States persons directly or jointly with others (Form BE-578). See $ 803.2(a) (1) for further detail.

(2) Estates and trusts. Direct foreign investments held by a domestic estate or trust, i.e., an estate or trust created under the laws of the United States or any subdivision thereof, shall be reported by the fiduciary and not by a beneficiary. Such property must be reported whether or not any beneficiary is subject to the laws of the United States or any subdivision thereof.

(3) Persons beneficially interested in property. If direct foreign investments beneficially owned by a person subject to the jurisdiction of the United States were held by or in the name of another, only the person having the beneficial interest shall report, except as specifically provided above regarding domestic estates and trusts.

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(4) More than one person owning an interest in the same foreign organization. Each owner is required to report if the aggregate ownership of the affiliated persons in the foreign organization totals 25 percent or more of the voting securities. However, combined reports may be filed to cover the transactions of more than one owner. Where combined reports are filed, all owners, other than the reporter(s) filing the full report remain liable for the report.

(5) Insurance companies. Reports for foreign branches or subsidiaries are required on Form BE-5781.

(6) Motion picture companies. United States producers, or distributors of motion pictures operating in foreign countries through subsidiaries, affiliates or branches, may file quarterly reports on Form BE-35 in lieu of Forms BE-577 and BE-578; however, Forms BE-577S and BE-577A must be filed annually, if applicable.

(b) Foreign business investment in the United States-(1) Basic requirement. A report is required to be filed with respect to every business enterprise subject to the jurisdiction of the United States in which foreign persons, either as individuals or as affiliates hold a controlling interest, or which is controlled in the manner indicated in subparagraph (2) of this paragraph directly or indirectly by a foreign person or persons. Such business enterprises shall include, but not be limited to, corporations, partnerships, investments in real property, leaseholds, estates, trusts, and sole proprietorships or other forms of outright individual ownership.

(2) Foreign beneficial interest. If the foreign controlling interest in a United States business enterprise, including commercial real property, is held, exercised or administered by a United States estate, trust (including irrevocable trusts), nominee, agent, representative, custodian, or other intermediary of the foreign beneficial owners, such intermediary shall be responsible for reporting for the business enterprise the required information on Form BE-605, BE-606, BE-6063 or BE-6061, or shall instruct the United States business enterprise in question to submit the required information. This does not relieve the United States business enterprise of responsibility for reporting if such business enterprise has knowledge of the direct or indirect foreign controlling interest, but

only one report should be filed for each such enterprise. For the purposes of this report, accounts or transactions of a United States business enterprise with a United States estate, trust, nominee or other intermediary of foreign beneficial owners shall be considered as accounts or transactions with such beneficial owners.

(3) Insurance companies. Reports for U.S. branches or subsidiaries of foreign insurance companies are required on Form BE-6061.

(4) Consolidated reports. If a reporter held a controlling interest in other United States enterprises engaged in the same type of business and is required to report, the information requested in the reporting forms may be consolidated for such reporter and enterprises, provided all accounts are fully consolidated. A list of the enterprises included in the consolidations must be provided.

(c) International receipts and payments of royalties, license fees, rentals, etc. United States individuals and firms who have entered into agreements with residents or governments of foreign countries to sell or buy outright or provide or be provided with the use of intangible assets or rights such as patents, techniques, processes, formulae, designs, trademarks, copyrights, franchises, manufacturing rights, and other similar intangible property or rights shall report on Form BE-93.

NOTE: Film royalties, oil royalties, and other natural resources (mining) royalties are not reportable on this form. Companies leasing or renting machinery, equipment, etc., should also respond on this form. § 803.2 Forms to be used and frequency

of reports. (a) Each reporter is required to submit reports on the following forms, as applicable. (1) United States direct investments abroad:

Form BE-577. One Form BE-577 is to be filed quarterly for each foreign corporation directly owned by the reporter and/or its domestic and foreign afillates to the extent of at least 25 percent of total outstanding voting stock. Where more than one domestic affiliate has transactions with, or in. terests in, the same foreign corporation, consolidated reports should be filed; consoll. dated reports may also be filed where several foreign subsidiaries operate in the same country and industry. Reports are also re

quired for direct transactions with foreign enterprises in which 25 percent or more of the voting stock is held through primary foreign enterprises.

Form BE-578. One Form BE-578 is to be filed quarterly for each foreign branch and other direct foreign operations of American reporters, including mining claims, oil concessions held directly or jointly with others and other property such as real estate but excluding branches of banks or insurance companies which are reportable on Forms BE-578B and BE_5781 respectively. Separate reports should be filed for each foreign branch. Where a reporter, or several amiiated American corporations, has (or have) branches operating in the same country, or a Joint interest in one or more branches, conBolidated reports may be filed.

Form BE-35. United States motion picture producers or distributors may elect to filo one Form BE-35 quarterly for each foreign subsidiary, afflate or branch, in lieu of Forms BE-577 or 578, as applicable. The instructions as to ownership and consolidations listed for Forms BE-577 and 578 also apply to filling on Form BE-35.

Form BE-578B. One Form BE-578B 18 to be filed quarterly for each foreign branch of a United States banking institution. Separate reports should be filled for each foreign branch; consolidated reports may however be filled where a United States bank has several branches operating in the same country.

Form BE-5781. One Form BE-5781 is to be filed annually for each foreign branch or subsidiary of a United States Insurance firm. Separate reports should be filled for each foreign branch; consolidated reports may however be filled where a United States insurance company has several branches operating in the same country.

Form BE-577A. One Form BE-577A 18 to be filed annually covering the foreign organizations in which the reporter and its domestic affiliates own in excess of 10 percent, but less than 25 percent, of voting stock, or equivalent ownership in unincorporated foreign enterprises.

Form BE-5778. Reports covering transactions between primary and secondary foreign corporations (see $ 803.6(a) for definitions) are to be filed on an annual basis. Separate reports should be filed for each secondary foreign corporation owned through a primary foreign corporation and its foreign affiliates for which the United States equity amounts to 25 percent or more of its voting securities. However, a reportable interest is deemed to exist only if the United States parent owns 60 percent or more of the voting stock of the primary foreign corporation and it in turn owns at least 50 percent of the voting stock of the secondary foreign organization. Transactions of domestic amliated companies directly with such secondary foreign corporations should be treated as primary relationships, and are reportable on Form BE-577 on a quarterly basis. Combined reports may be filed where several secondary foreign cor

porations operating in the same country are owned by the same primary foreign corporation. (See also $ 803.6 (a) (2)).

(2) Foreign direct investments in the United States.

Form BE-605. One Form BE-605 is to be filed quarterly for each United States corporation 25 percent or more of whose voting stock is owned directly or indirectly by a foreign person(s) or organization(s) and its United States or foreign affiliates.

Form BE-606. One Form BE-606 is to be filed quarterly for each United States branch of a foreign business organization, or for leaseholds, real property or other United States unincorporated business property owned directly by a foreign person or organization but excluding branch operations in the United States of foreign banks or insur. ance companies.

Form BE-606B. One Form BE-806B is to be filed quarterly for each United States branch of a foreign banking institution. Where å foreign bank has more than one United States branch, consolidated reports may be filed.

Form BE-6061. One Form BE-6061 is to be filed annually for each United States branch of a foreign insurance firm, or for United States insurance companies 25 percent or more of whose voting stock is held by foreign owners.

(3) International payments of royalties, fees, etc.

Form BE-93. One Form BE-33 is to be filed annually by each United States person or firm receiving from foreigners, or paying to foreigners, royalties, licensing fees, rentals, etc., arising from the use, purchase or sale of intangible assets or rights.

(b) Frequency of reports. Reports on Forms BE-577S, BE-577A, BE-5781, BE-6061 and BE-93 must be filed annually beginning with a report covering the calendar or fiscal year 1961; reports on Forms BE-577, BE-578, BE-35, BE578B, BE-605, BE-606 and BE-606B must be filed quarterly beginning with a report for the first calendar or fiscal quarter of 1962. $ 803.3 Reporting by banks and insur

ance companies. (a) United States banks, including agencies of foreign banks, reporting on Forms BE-577, 577A, 5775, 578B, 605 of 606B. In order to avoid duplication of claims or liabilities reported on Treasury Foreign Exchange Forms B-1 and B-2, intercompany or branch accounts reported on the Commerce forms listed above should exclude accounts with or investments in foreign branches or subsidiaries or accounts with a foreign par

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