(c) The term "operator" means the person, firm or corporation, including a State or local government agency, conducting the fair and who will be responsible for entry and disposition of all articles entered under the Act at a designated fair. § 364.2 Who may apply for a designation of a fair. A fair operator who desires the privileges of the Act may apply to the U.S. Expositions Staff, Office of Administration for Domestic and International Business, to have the fair designated as being in the public interest in promoting trade and therefore eligible for the privileges of duty-free entry provided by the Act for articles to be exhibited at the fair or for use in constructing, installing, or maintaining foreign exhibits at the fair. [29 F.R. 10579, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967] § 364.3 How to apply for designation of a fair. (a) An operator of a fair to be held in the United States shall make application on Form IA-32, Application for Designation of a Fair, in accordance with the instructions set forth on the form and in this part.1 (b) Form LA-32 shall be completed in quadruplicate. Two copies of the form shall be filed with the U.S. Expositions Staff, Office of Administration for Domestic and International Business, Washington, D.C., 20230, and one copy shall be filed with that Field Office of the Department of Commerce, listed in paragraph (c), which is nearest to the applicant. The fourth copy shall be retained in the applicant's files for the duration of the fair. (c) Application forms may be obobtained from the U.S. Expositions Staff or any of the following Department of Commerce Field Offices: Albuquerque, N. Mex., 87101, U.S. Courthouse. Anchorage, Alaska, 99501, Room 306 LoussacSogn Building. Atlanta, Ga., 30303, Fourth Floor, Home Savings Building, 75 Forsyth Street NW. Baltimore, Md., 21202, Room 305 U.S. Customhouse, Gay and Lombard Streets. Birmingham, Ala., 35203, Title Building, 2030 Third Avenue North. 1 Copies of Form IA-32 have been filled with the Office of the Federal Register. Boston, Mass., 02110, Room 230, 80 Federal Street. Buffalo, N.Y., 14203, 504 Federal Building, 117 Ellicott Street. Charleston, S.C., 29401, No. 4 North Atlantic Wharf. Charleston, W. Va., 25301, 3002 New Federal Office Building, 500 Quarrier Street. Cheyenne, Wyo., 82001, 207 Majestic Building, 16th and Capital Ave. Chicago, Ill., 60606, Room 1302, 226 West Jackson Boulevard. Cincinnati, Ohio, 45202, 8028 Federal Office Building, 550 Main Street. Cleveland, Ohio, 44101, Fourth Floor, Federal Reserve Bank Building, East Sixth Street and Superior Avenue. Dallas, Tex., 75202, Room 1200, 1114 Commerce Street. Denver, Colo., 80202, 142 New Custom House, 19th and Stout Street. Des Moines, Iowa, 50309, Room 1216, Paramount Building, 509 Grant Avenue. Detroit, Mich., 48226, 445 Federal Building. Greensboro, N.C., 27402, Room 407, U.S. Post Office Building. Hartford, Conn., 06103, 18 Asylum Street. Houston, Tex, 77002, 5102 Federal Building, 515 Rusk Avenue. Jacksonville, Fla., 32202, 512 Greenleaf Building, 204 Laura Street. Kansas City, Mo., 64106, Room 20111, 911 Walnut Street. Los Angeles, Calif., 90015, Room 450, Western Pacific Building, 1031 South Broadway. Memphis, Tenn., 38103, 345 Federal Office Building, 167 North Main Street. Miami, Fla., 33130, Room 1628, Federal Office Building, 51 Southwest First Avenue. Milwaukee, Wis., 53203, Straus Building, 238 West Wisconsin Avenue. Minneapolis, Minn., 55401, Room 304, Federal New Orleans, La., 70130, 1508 Masonic Temple Phoenix, Ariz., 85025, New Federal Building, 230 North First Avenue. Pittsburgh, Pa., 15222, 1030 Park Building, 355 Fifth Avenue. Portland, Oreg., 97204, 217 Old U.S. Courthouse, 520 Southwest Morrison Street. Reno, Nev., 89502, 1479 Wells Avenue. Richmond, Va., 23240, 2105 Federal Building, 400 North Eighth Street. St. Louis, Mo., 63103, 2511 Federal Building, 1520 Market Street. Salt Lake City, Utah, 84111, 3235 Federal Building, 125 South State Street. San Francisco, Calif., 94102, 450 Golden Gate Avenue, Box 36013. Santurce, Puerto Rico, 00907, Room 628, 605 Condado Avenue. Savannah, Ga., 31402, 235 U.S. Courthouse and Post Office Building, 125-29 Bull Street. Seattle, Wash., 98104, 809 Federal Oce Building, 909 First Avenue. (d) Applications for designation of a fair may be filed at any time. However, where possible, the application should be filed a minimum of 90 days before the opening date of the fair. (e) The U.S. Expositions Staff may request additional data from any applicant if it is deemed necessary in establishing the fair's eligibility. (f) The U.S. Expositions Staff will notify each applicant in writing of the action taken on his application. [29 F.R. 10579, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967] § 364.4 Substance of application. The operator shall furnish the name of the fair, the place where the fair will be held, the dates when the fair will open and close, and the name of the operator of the fair. In addition, the operator shall give the names of its officers, partners or owners; state how the fair will be financed and by whom; give the names of all organizations supporting or sponsoring the fair; state the purpose of the fair and how that purpose will serve the public interest in promoting trade; list the kinds of products to be exhibited at the fair or the nature of the different exhibits if not of products; give the size of the exhibit space and state whether a particular area has been set aside for exhibitors of foreign products; and furnish data on how much of the exhibit space has been contracted for at the time of application separately for domestic and foreign exhibits with a list of the foreign countries whose dutiable goods expect to be or will be exhibited. The fair operator shall also furnish copies of literature, brochures, etc., being distributed which explain or advertise the fair, and evidence of authority to use the fair site such as leases and public license approvals. § 364.5 Extending closing date of a fair. When it shall become necessary to extend the closing date of a fair the operator shall notify the U.S. Expositions Staff as early as possible of the new closing date and of the reasons why the fair is to be extended. [29 F.R. 10579, July 30, 1964, as amended at 32 F.R. 8853, June 22, 1967] PART 365-MOBILE TRADE FAIRS § 365.1 Requests for assistance by mobile trade fair operators. (a) Financial assistance; kinds of expenses defrayed. Expenses which will be defrayed by the Department of Commerce under the financial assistance provisions of the Mobile Trade Fairs Act will be limited to the following: (1) Expenses relating to the entrance and clearance of foreign ports of entry insofar as these expenses are directly attributable to the mobile trade fair project. (2) Advertising expenses incurred in the foreign country or countries for the purpose of attracting visitors to the mobile trade fair, except that no part of the money may be spent for the purpose of entertaining, and except that not more than 90% (ninety percent) of the total of such allowable advertising expenses will be defrayed by the Department. (3) Exhibit space and facilities in the foreign country or countries and related exhibit expenses. (4) Transportation in the foreign country or countries and related services. (b) Submission of requests; allocation of funds-(1) Where and when. Requests for assistance by mobile trade fair operators under the Act should be submitted to the Office of International Trade Promotion, Bureau of International Commerce, U.S. Department of Commerce, Washington, D.C., 20230. Prompt submission of requests for financial assistance is desirable. (2) Funds. No funds for financial assistance will be allocated by the Department prior to March 2, 1964, in order to provide time for all interested persons to make their intentions and plans known. With respect to funds made available to the Department for such purpose out of fiscal year 1965 appropriations, no funds for financial assistance will be allocated by the Department prior to December 15, 1964, and such funds will be allocated only for requests received and approved subsequent to the date of publication of this amendment in the FEDERAL REGISTER. (c) Requests for financial assistance; information required. (1) Requests for financial assistance must contain a description of each proposal for a mobile trade fair project for which assistance under the Act is requested. The de scription must be in sufficient detail to enable the Department of Commerce to make the required determination under the Act, as to economy and effectiveness in promoting export sales. It must (i) identify the operator of the proposed project, including the names of all principals; and (ii) describe the operation of the project, including the proposed types of products to be displayed, the proposed itinerary (including dates and ports or other commercial centers at which these displays will occur), the means of transportation, other details of the display arrangements (including the physical characteristics, personnel scheduled to be in attendance, support to be secured locally, the moving or static nature of individual display segments, a description of available display space, and the basis on which that display space is being made available to participants), the mechanics of the operation; and (3) state the proposed cost to the Government, itemized for each exhibit site by categories of expense. (2) It is the policy of the Department (now also in effect for participations in the Department's trade center and international trade fair programs abroad) that any product exhibited through a mobile trade fair project must be labeled and marketed under the name of a U.S. firm and, if produced or assembled outside the United States, must contain U.S. components valued at more than 50% (fifty percent) of the value of the finished product. Accordingly, the request for assistance must contain a statement that the applicant operator of the mobile trade fair project undertakes to abide by the foregoing policy and that the operator will (if a contract extending assistance is entered into with him by the Department hereunder) agree to obtain, keep as part of his records, and enforce an assurance, in writing, from each prospective exhibitor to the following effect: "The represents to the (exhibitor) (operator) that every product which will be exhibited by the exhibitor through the mobile trade fair project will be labeled and marketed under the name of a U.S. firm and, if produced or assembled outside the United States, will contain U.S. components valued at more than 50% (fifty percent) of the value of the finished product. The exhibitor understands that failure to comply with the foregoing undertaking will be a ground for termination, in whole or in part, of the exhibitor's participation in the mobile trade fair project." (3) It is the policy of the Department to extend financial assistance only to applicants proposing to operate mobile trade fairs primarily as an independent service to producers or distributors of U.S.goods. This will preclude any financial assistance under the Act to applicants intending to operate mobile trade fairs as a technique primarily for the promotion of the sale of goods in which they themselves have a direct interest, particularly as export agents or representatives of the producers of such goods. (d) Evaluation of requests. The Department will evaluate each request for assistance in terms of its economy to the Government and its anticipated effectiveness in promoting export sales. The evaluation will be based on the following factors: of (1) Demonstrated effectiveness previous mobile trade fairs, if any, carried on by the same operators. (2) Demonstrated effectiveness of the exhibit techniques being employed. (3) The possibility of selling the product categories intended to be displayed in the markets in which they are going to be displayed. (4) The reasonableness of the proposed costs to the Government. (5) The total units of exposure to be achieved by the mobile trade fair project (total units of exposure being defined as the proposed number of exhibits multiplied by the total number of exhibit days at the exhibition sites included in the itinerary). (6) The capacity of the operator to assure successful completion of the proposed project. (e) Extension of assistance. Where the proposal covered by a request for assistance is adjudged an economical and effective means of promoting export sales, a contract will be negotiated with the operator on the basis of the proposal, containing appropriate provisions for disbursement, accounting, insurance, adjustments in the light of changed circumstances, and other relevant factors. (Sec. 1, 76 Stat. 1074; 46 U.S.C. 1122b) [29 F.R. 2595, Feb. 20, 1964, as amended at 29 F.R. 16186, Dec. 3, 1964; 32 F.R. 9809, July 6, 1967] AUTHORITY: The provisions of this Part 366 issued under sec. 3, 32 Stat. 826, 15 U.S.C. 1512. SOURCE: The provisions of this Part 366, appear at 33 F.R. 11355, Aug. 9, 1968, unless otherwise noted. § 366.1 Background and purpose. (a) In an effort to aid the international balance-of-payments position of the United States, the Department of Commerce in 1968 initiated a Joint Export Association program whereby the Department contracts with groups of firms or their representatives on a costsharing basis for the systematic development of specific export markets over a sustained period. (b) The objectives of this program are to cause exporters to expand their operations and to assist nonexporters to enter the field through providing a new technique for export expansion, to assist companies to enter new markets and introduce new products abroad, and to obtain an increased share of existing foreign markets for U.S. suppliers. [33 F.R. 11355, Aug. 9, 1968, as amended at 35 F.R. 13514, Aug. 25, 1970] § 366.2 Eligible applicants. (a) The Joint Export Association program is predicated on group activity. The following examples illustrate the types of business organizations adaptable to this program: (1) Trade associations or subsidiaries or components thereof; (2) groups of firms operating under the leadership of export management companies; (3) export trade associations organized under the Export Trade Act of 1918; (4) groups of firms specially organized to participate in this program; and (5) “piggyback” arrangements, whereby one manufacturer represents a group of companies with related products. (b) Applicants will be required to demonstrate financial structures adequate to cover their planned activities (a) The following types of export promotion activities are illustrative of those which may be considered for costsharing under this program: Advertising and publicity. Participation in trade exhibitions. Supplying samples and technical data. Training of sales and service personnel. Product use familiarization programs. Operation abroad of market development offices, showrooms, warehouses, service centers. (b) Activities must be additional to those that might be otherwise undertaken at the time by the applicant or its component firms. Costs shared by the Department of Commerce must be incurred on behalf of the Joint Export Association project. (c) The Department of Commerce's share may not exceed 50 percent of project expenses eligible for cost-sharing. (d) Provision may be made in the cost-sharing contract for repayment of the Department of Commerce's share of the eligible project costs conditioned on sales resulting from the project. [33 F.R. 11355, Aug. 9, 1968, as amended at 35 F.R. 13514, Aug. 25, 1970] § 366.4 Selection considerations. (a) Important among the considerations for selecting proposals under the Joint Export Association program are: (1) Proposals must comprise product and geographic coverage and market development programs suitable for producing significant and continuing export growth results. (2) Proposals must be clearly additional to other overseas export efforts by participants. (b) Proposals meeting the above criteria nevertheless might not be approved by reason of limited availability of funds, higher trade potential of other proposals, or other export promotion objectives. § 366.5 Acceptance of proposals. When a Joint Export Association proposal is accepted, a contract will be negotiated with the applicant on the (a) Representations and commodities covered (1) General. The United States and a number of other countries have undertaken to increase the effectiveness of their respective controls over international trade in strategic commodities by means of an import certificate/delivery verification (IC/DV) procedure. This procedure provides that, where required by the exporting country with respect to a specific transaction, the importer certifies to the government of the importing country that he will import specific commodities into the economy of that country and will not reexport such commodities except in accordance with the export control regulations of that country. The government of the importing country, in turn, certifies that such representations have been made. (2) Commodities covered and administering U.S. agencies.—(i) Office of Export Control. The Office of Export Control will receive from importers in the United States the representations re garding the intended destination of commodities and will provide a certification that such representations have been made (a) for commodities under the export control jurisdiction of the Office of Export Control that are identified by the code letter "A" following the Export Control Commodity Number on the Commodity Control List (§ 399.1 of this chapter); (b) by agreement with the Atomic Energy Commission, for commodities classified as "source material," "byproduct material," "special nuclear material," or "facilities for the production or utilization of special nuclear material," as defined in the Atomic Energy Act of 1954, as amended, and the regulations of the Atomic Energy Commission (see § 370.10 (e) of this chapter); and (c) by agreement with the U.S. Treasury Department for commodities on the U.S. Munitions List (22 CFR Part 121) that do not appear on the more limited U.S. Munitions Import List (26 CFR Part 180). (ii) Treasury Department. The U.S. Treasury Department, Alcohol, Tobacco, and Firearms Division, Washington, D.C. 20224, administers similar procedures with respect to arms, ammunition, and implements of war as enumerated in the U.S. Munitions Import List (26 CFR Part 180). (iii) State Department. The U.S. Department of State, Office of Munitions Control, Washington, D.C. 20520, administers similar procedures with respect to triangular transactions involving any part of the U.S. Munitions List. (See § 368.2(a) (8) for a description of triangular Import Certificates issued by the U.S. Department of Commerce.) (b) Exports. Comparable procedures with respect to exports from the United 66-032-62- -11 |