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(f) The Associate Administrator for 81217.101 Applicability. Management shall, in coordination

This Part applies to qualifying artiwith the Associate Administrator for

cles entered or withdrawn from wareExternal Relations, determine when

house for consumption in the customs an affected nation shall be informed

territory of the United States through regarding the availability of docu

December 31, 1994, and to articles rements referred to in paragraph (d) of

turned from space by NASA. this section and coordinate with the Department of State all NASA com

8 1217.102 Background. munications with foreign governments concerning environmental matters as

In order to encourage and facilitate related to E.O. 12114.

the use of NASA's launch services for

the exploration and use of space, sec(44 FR 44485, July 30, 1979, as amended at tion 116 of Public Law 97-446 provides 53 FR 9763, Mar. 25, 1988)

for the duty-free entry into the United States of certain articles that meet the

following two conditions. First, the arPART 1217-DUTY-FREE ENTRY OF ticles must be imported for NASA for SPACE ARTICLES

its space-related activities or the arti

cles must be imported by another Sec.

person or entity for the purpose of 1217.100 Scope.

meeting its obligations under a launch 1217.101 Applicability.

services agreement with NASA. 1217.102 Background.

Second, NASA must certify to the 1217.103 Authority to certify.

Commissioner of Customs that the ar1217.104 Procedures.

ticles to be entered duty-free are to be 1217.105 Necessary and uniquely associat imported to be launched into space or ed support equipment.

are spare parts or necessary and 1217.106 Articles returned from space by uniquely associated support equipNASA.

ment for use in connection with a AUTHORITY: Sections 116 and 156 of Pub. launch into space. This exemption L. 97-446, 96 Stat. 2335-2336 and 2345-2346, from duty is provided for in Subheadas amended by section 124(a)(3) of Pub. L. ing 9808.00.80, Harmonized Tariff 98-573, 98 Stat. 2976.

Schedule of the United States SOURCE: 56 FR 47148, Sept. 18, 1991, (HTSUS) (19 U.S.C. 1202). Also, unless otherwise noted.

HTSUS, Chapter VIII, page 98-25,

pursuant to section 116 of Public Law 81217.100 Scope.

97-446, provides that return of articles (a) This Part sets forth NASA's by NASA from space to the United policy and procedures with respect to

States will not be considered an importhe use of the Administration's au- tation, and thus will not be subject to thority to certify to the U.S. Commis- a duty. sioner of Customs, for the purpose of duty-free entry of articles into the

8 1217.103 Authority to certify. United States, that such articles to be (a) The following NASA officials and imported will be launched into space, their deputies are authorized, under or are spare parts for such articles, or the conditions described herein, to such articles are necessary and unique make the certification to the Commisly associated support equipment for sioner of Customs required for the use in connection with a launch into duty-free entry of space articles pursuspace; and to the non-entry status of ant to subheading HTSUS 9808.00.80. articles returned from space by NASA. No further redelegation is authorized.

(b) Communications satellites and (1) The NASA Assistant Administraparts thereof are not eligible for tor for Procurement is authorized to NASA certification under this part issue the certification for articles imbut may be eligible for duty-free entryported into the United States which pursuant to Subheading 8802.50.30 of are procured by NASA or by other the Harmonized Tariff Schedule of U.S. Government agencies, or by U.S. the United States.

Government contractors or subcon

tractors when title to the articles is or (d) A blanket certificate for one or will be vested in the U.S. Government more launches for a launch customer pursuant to the terms of the contract is authorized but shall require written or subcontract. Requests for certifica- verification by a NASA official desig. tion should be sent to: Assistant Ad- nated by a Director of a receiving ministrator for Procurement, Attn: NASA Installation that the articles HP/Director, Procurement Policy Di. imported meet the conditions of the vision, National Aeronautics and certificate. The blanket certificate Space Administration, Washington, shall be in the following form but may DC 20548.

be reasonably revised to accord with (2) The NASA Associate Administra the circumstances: tor for External Relations is author

Articles for the National Aeronautics and ized to issue the certification for arti

Space Administration. HTSUS Subheadcles imported into the United States

ing 9808.00.80. pursuant to international cooperative agreements. Requests for certification

I certify that the articles for the launch of

- payload(s) pursuant to the should be sent to: Associate Adminis

NASA Launch and Associated Services trator for External Relations, Attn:

Agreement No.

- dated XI/Director, International Relations

- with

-, are arDivision, National Aeronautics and ticles to be launched into space, spare parts, Space Administration, Washington, or necessary and uniquely associated supDC 20546.

port equipment for use in connection with a (3) The NASA Associate Administra

launch into space, in accordance with Subtor for Space Flight is authorized to

heading 9808.00.80 of the Harmonized

Tariff Schedule of the United States. The issue the certification for articles im

necessary and uniquely associated support ported into the United States by per equipment is identified in sons or entities or under agreements tached. other than those identified in para Before this certificate is used to obtain graphs (a)(1) and (a)(2) of this section. duty-free entry of these articles, a cognizant Requests for certification should be NASA official at the receiving NASA Instalsent to: Associate Administrator for lation who is designated by the Installation Space Flight, Attn: MC/Director, Cus

Director shall verify in writing that specifitomer Services Division, National Aer

cally identified articles to be entered on a

particular date are the articles described in onautics and Space Administration,

this certificate. This verification and this Washington, DC 20546.

certificate shall be presented to the U.S. (b) Each request for certification Customs Service at the time entry for the shall receive the concurrence of the particular articles is sought. Office of the NASA Chief Financial Name Officer (CFO)/Comptroller and the Date Office of the General Counsel. All

With respect to articles represented non-procurement certifications will

to be necessary and uniquely associatalso receive the concurrence of any af

ed support equipment, the NASA offifected Program Office(s).

cial issuing the blanket certificate (c) To the extent an authorized

shall review these articles and approve · NASA official approves a request for

their eligibility for duty-free entry. A certification, that official shall sign a

description of these articles should be certificate in the following form:

referred to in the blanket certificate Articles for the National Aeronautics and and should be attached to it. Space Administration, HTSUS 9808.00.80. I certify that the articles identified in

$ 1217.104 Procedures. - (attached) are articles to be (a) Request for certification shall be imported to be launched into space, spare

forwarded to the appropriate NASA parts, or necessary and uniquely associated

official who has authority to certify as support equipment for use in connection with a launch into space, in accordance with

provided for in g 1217.103 of this part. Subheading 9808.00.80 of the Harmonized (b) Each request for certification Tariff Schedules of the United States.

shall be accompanied by: Name

(1) A proposed certificate as provided for in g 1217.103 of this part;

Date

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(2) The information and documenta. compliance with these procedures and tion required by 19 CFR 10.102(a); it is essential that the articles be re

(3) A statement with respect to each leased from Customs custody prior to article (or each class of articles if all such compliance, the procedures outitems in the class are substantially lined in 19 CFR 10.101 may be folidentical) to establish whether, under

lowed by cognizant NASA officials to à launch services agreement with

secure the release of the articles from NASA, the article (i) is to be launched

Customs custody. To the extent appliinto space; or (ii) is a spare part to an

cable, the procedures in $ 1217.104 of article to be launched into space; or

this part shall be followed when time (iii) is necessary and uniquely associat

permits to obtain duty-free entry for ed support equipment for use in con

the articles released from Customs nection with a launch into space. Iden

custody. tify the launch services agreement, launch vehicle, and launch date(s). 8 1217.105 Necessary and uniquely associ(4) If the article is represented to be

ated support equipment. necessary and uniquely associated support equipment for use in connection

The NASA certifying officer should with a launch into space, explain, with

consider the following criteria in derespect to each such article or each

termining whether an article is necessuch class of articles to be imported, sary and uniquely associated support (i) why it is necessary and unique; and equipment for use in connection with (ii) if the article may be used in con- a launch into space. Applicability of nection with an activity other than a one or more of the following nonexclulaunch into space, whether or not it is sive criteria lends support to the conintended to be so used. If it may be clusion that the article is necessary used in such other activity, NASA and uniquely associated support equipshall require of non-U.S. Government ment. agencies, as a condition to obtaining (a) The article has been designed duty-free entry under this subpart, and manufactured solely to support that the customer agree in the rele (1) the launch or return of a launch vant launch agreement not to use or in

vehicle, spacecraft (including Space any manner dispose of those articles

Station), or payload; or (2) the operin the United States other than in ations or use in space of a launch vehiconnection with a launch into space;

cle, spacecraft (including Space Staand

tion), or payload. (5) The anticipated date of entry

(b) A standard article has been modiand port of entry for each article. If

fied in a substantial and extraordinary the article is to be transported in bond

way, considering its physical or funcfrom the port of arrival to another

tional characteristics, solely to support port of entry in the United States,

(1) the launch or return of a launch identify both ports.

vehicle, spacecraft (including Space (c) The signed certificate and its attachment will be forwarded to the

Station), or payload; or (2) the operNASA

ations or use in space of a launch vehi. Installation responsible for duty-free entry of the materials. The

cle, spacecraft (including Space Staprocedures specified in 19 CFR 10.102

tion), or payload. will be followed by the NASA Installa

(c) The article's potential use is tion in obtaining duty-free entry at

solely to support (1) the launch or the Customs port of entry. The NASA

return of a launch vehicle, spacecraft Installation should ensure that, at the

(including Space Station), or payload; time the articles are to be released

or (2) the operations or use in space of after Customs entry, the custody of

a launch vehicle, spacecraft (including the imported articles is transferred di- Space Station), or payload. rectly from the carrier or from the (d) The article is available only from U.S. Customs Service to the NASA a source outside of the United States. launch service customer or its agent. (e) The article is a component of a

(d) If articles procured under con system purchased outside of the tract by NASA are imported prior to United States.

Sec. 1221.118 Compliance and enforcement.

Subpart 1221.2—The Congressional Space

Medal of Honor

(f) The article is to be exported from the United States upon completion of its use as support equipment. 8 1217.106 Articles returned from space by

NASA. Pursuant to section 116 of Public Law 97-446, and HTSUS chapter VIII, page 98-25, the return of articles from space by NASA shall not be considered an importation, and an entry of such materials through U.S. Customs shall not be required. This provision is applicable to articles returned from space whether or not the articles were launched into space aboard a NASA vehicle.

1221.200 Scope. 1221.201 Basis for award of the medal. 1221.202 Description of the medal. 1221.203 Nominations. 1221.204 Proceedings of the NASA Incen

tive Awards Board. APPENDIX A TO PART 1221–CONGRESSIONAL

SPACE MEDAL OF HONOR

PART 1221-THE NASA SEAL AND

OTHER DEVICES, AND THE CONGRESSIONAL SPACE MEDAL OF HONOR

Subpart 1221.1–NASA Seal, Insignia,

Logotype Insignia, Program and Astronaut Badges, and Flags, and the Agency's Unified Visual

Communications System AUTHORITY: 42 U.S.C. 2472(a) and 2473(c)(1).

SOURCE: 52 FR 45811, Dec. 2, 1987, unless otherwise noted. 8 1221.100 Scope.

This subpart sets forth the policy governing the use of the NASA Seal, the NASA Insignia, the NASA Logotype Insignia, NASA Program and Astronaut Badges, and the NASA Flags. This subpart also establishes and sets forth the concept and scope of the NASA Unified Visual Communications System and prescribes the policy and guidelines for implementation of the system.

Subpart 1221.1–NASA Seal, Insignia, Logo

type Insignia, Program and Astronaut Badges, and Flags, and the Agency's Uni

fied Visual Communications System Sec. 1221.100 Scope. 1221.101 Policy. 1221.102 Establishment of the NASA Seal. 1221.103 Establishment of the NASA Insig

nia. 1221.104 Establishment of the NASA Logo

type Insignia. 1221.105 Establishment of the NASA Pro

gram Badges. 1221.106 Establishment of the NASA

Space Transportation System Program

Badge and Add-on Bar. 1221.107 Establishment of the NASA Flag. 1221.108 Establishment of the NASA Ad

ministrator's, Deputy Administrator's, and Associate Deputy Administrators'

Flags. 1221.109 Establishment of the NASA As

tronaut Badges. 1221.110 Establishment of the NASA Uni

fied Visual Communications System. 1221.111 Use of the NASA Seal. 1221.112 Use of the NASA Logotype. 1221.113 Use of the NASA Program and

Astronaut Badges. 1221.114 Use of the NASA Space Transpor

tation System Program Badge and Add

on Bar. 1221.115 Use of the NASA Flags. 1221.116 Approval of new or change pro

posals. 1221.117 Violations.

8 1221.101 Policy.

(a) The NASA Seal, the NASA Insignia, the NASA Logotype Insignia, NASA Program and Astronaut Badges, and the NASA Flags and the Agency's Unified Visual Communications System, as prescribed in 8 1221.102 through $ 1221.110 of this subpart shall be used exclusively to represent NASA, its programs, projects, functions, activities, or elements. The use of any devices other than those provided by or subsequently approved in accordance with the provisions of this subpart is prohibited.

(b) The use of the devices prescribed herein shall be governed by the provi. sions of this subpart. The use of the devices prescribed herein for any purpose other than as authorized by this subpart is prohibited. Their misuse shall be subject to the penalties au. thorized by statute, as set forth in $ 1221.117 and shall be reported as provided in § 1221.118.

(c) Any proposal for a new NASA Insignia, NASA Logotype Insignia, NASA Program Badge and Astronaut Badge, or for modification to those prescribed herein shall be processed in accordance with $ 1221.116.

81221.102 Establishment of the NASA

Seal. The NASA Seal was established by Executive Order 10849 (24 FR 9559), November 27, 1959, as amended by Executive Order 10942 (24 FR 4419), May 22, 1961. The NASA Seal, established by the President, is the Seal of the agency and symbolizes the achievements and goals of NASA and the United States in aeronautical and space activities. The NASA Seal shall be used as set forth in § 1221.111.

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