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by other interested persons. In such cases, definite statements as to the amount of time desired should be required. If no further hearing is held, it should be required that any additional evidence be submitted in typewritten or printed form, and the party submitting it should be required to serve a copy thereof on such other parties in interest as appeared at the hearing and to furnish proof of such service for the record. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952]

§ 400.1320 Record of proceedings.

The record of the proceedings should be made in quadruplicate, 3 copies for the Board and 1 for the office of the presiding officer. The record should be accompanied by a copy of the notice and list of those present, briefs or exhibits submitted in the case, and the recommendations of the officer or committee conducting the hearing on the points raised at the hearing. All of the above papers should be properly marked for reference and when possible bound together and submitted as a single exhibit. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952] § 400.1321

Additional rules of practice. Additional rules of procedure and practice in formal proceedings under the act, and of procedure in formal and informal proceedings, in elaboration or extension of those set forth herein, may be issued from time to time.

[Redesignated by Order 29, 17 F. R. 5317. June 11, 1952]

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§ 400.1401

Public information activities.

The Executive Secretary of the Board shall conduct the following public information activities of the Board:

(a) Preparation and release of material published by or for the Board, including public announcements, items for publication in the FEDERAL REGISTER, news releases, and reports.

(b) Clearance for release of informational material from other agencies referred to the Board for review.

(c) Release of general information pertaining to Board activities, rules and regulations and, at his discretion, information contained in Board records as necessary to further the regular information dissemination activities of the Board.

(d) Development and direction of measures to provide the international business community with information pertaining to the establishment, operation and administration of U.S. ForeignTrade Zones.

§ 400.1402 Availability of materials for inspection and copying.

(a) The Board shall utilize the facilities and services of the Central Reference and Records Inspection Facility, U.S. Department of Commerce, Washington, D.C. 20230, to make available for public inspection and copying the materials required to be made available to the public by 5 U.S.C. 552 (a) (2).

(b) Rules and procedures prescribing the hours of operation, location, fees, and other requirements for public inspection of records through the central facility are contained in Part 4 of this title.

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(a) The procedures of this section are applicable only to those records not customarily available to the public as part of the regular information activities of the Board.

(b) The Board shall utilize the facilities and services of the Central Reference and Records Inspection Facility, U.S. Department of Commerce, Washington, D.C. 20230, to make available for public inspection and copying identifiable records which have been determined to be disclosable pursuant to 5 U.S.C. 552(a) (3).

(c) Rules and procedures prescribing the hours of operation, location, fees, and

other requirements for public inspection of records through the central facility are contained in Part 4 of this title.

§ 400.1404 Determinations of availability of records.

(a) In accordance with the rules, regulations, and procedures governing the operation of the Central Reference and Records Inspection Facility of the U.S. Department of Commerce, a request for the determination of availability of a record of the Board will be referred to the Executive Secretary of the Board who shall initially determine:

(1) Whether the requested record can be identified on the basis of information contained in the request. If the record cannot be identified the request shall be returned to the person who initiated it and he shall be advised why the record is not identifiable and what additional clarification, if any, he may submit to assist in the identification of the record.

(2) Whether the record, if identifiable, is still in existence or has been destroyed as provided by law, or is not in the possession of the Board. If the record no longer exists, the person who initiated the request will be notified, with the reason stated. If the record is not in the Board's possession and its existence is not otherwise reasonably ascertainable, the person who initiated the request shall be so notified. If the requested record is the exclusive or primary concern of another agency, the request for such record shall be promptly referred to that agency for further action under its rules, and the person who initiated the request shall be promptly informed of this referral.

(b) If a requested record is identifiable and is subject to determination of availability on the basis of disclosure requirements, the request shall be reviewed by the Executive Secretary of the Board to initially determine its availability. If he determines, as provided by law, that the record is not to be made available to the requesting person, said party shall

be informed in writing of the specific reason(s) why the record is not being disclosed.

(c) If an identifiable record is to be made available for public inspection and copying, the person who requested access to the record shall be promptly advised of the availability of the record.

§ 400.1405 Requests for reconsideration of nonavailability.

(a) Any person whose request to inspect a record has been denied because the record was not to be made available for stated reason(s), may request a reconsideration of the initial denial in accordance with procedures set forth in Part 4 of this title.

(b) The decision upon such review shall be made by the Chairman of the Foreign-Trade Zones Board, and shall be based upon the original request, the denial, and any written argument submitted by the person requesting the review.

(c) The decision upon review shall be promptly made in writing and transmitted to the person requesting the review. If the decision is wholly or partly in favor of said person, the requested record to such extent shall be made available for inspection in accordance with § 400.1404 (c). To the extent that the decision is adverse to the request, the reason(s) for the denial shall be stated.

(d) A decision upon review completed as provided herein shall constitute the final decision and action of the Board as to the availability of a requested record, except as may be required by court proceedings initiated pursuant to 5 U.S.C. 552 (a) (3).

§ 400.1406 Security information.

Nothing in the regulations in §§ 400.1400-400.1406 should be construed to modify or supersede laws, rules, and regulations governing the release of information classified as security information.

CHAPTER VI-BUSINESS AND DEFENSE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE

Part

601 Issuance of licenses under foreign patents owned by the United States. 602 Instruments and apparatus for educational and scientific institutions.

Cross RefereNCE: For regulations of the Business and Defense Services Administration under the Defense Production Act of 1950, as amended, see 32A CFR Chapter VI.

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The regulations in this part are issued under the authority contained in Executive Order 9865 dated June 14, 1947. Under the Executive order, the Secretary of Commerce is required, where the best interests of the United States so indicate, to fille patent applications in foreign countries covering inventions resulting from Government conducted or financed research embodied in United States patents owned by the Government of the United States. The Secretary of Commerce having obtained such foreign patent rights for the United States Government may issue licenses thereunder to nationals of the United States who make application therefor.

§ 601.2 Application for licenses.

An application for a license should be addressed to the Secretary of Commerce, Washington 25, D. C., Attention: Director, Business and Defense Services Administration. It should set forth the name and address of the individual, partnership, or corporation desiring the license, a brief description of the business activities in which engaged, and such other pertinent information as may be desired. The Government of the United States is interested in the maximum use being made of patented processes and devices which it owns, and, accordingly, the Secretary of Commerce will consider the likely ability of the applicant to use the patented process or device before determining that a license should or should not issue.

[13 F. R. 313, Jan. 22, 1948, as amended at 18 F. R. 8111, Dec. 10, 1953]

§ 601.3 Type of license.

Under existing law, the United States can issue only licenses which are revocable at will. Licenses will also be nonexclusive and royalty-free except where the Secretary of Commerce shall determine and proclaim it to be inconsistent with the public interest to issue licenses on such a basis.

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The licenses to be issued will be granted on the following express conditions: (a) The Government of the United States will not guarantee the validity of the patent covered by the license, nor will it undertake to defend any suits brought against the licensees or to indemnify for infringement of the patent; (b) the Government of the United States will reserve the right at any time to grant additional licenses; and (c) the Government will reserve the right to revoke the license at any time. It will also be provided in the license that it be nontransferable.

§ 601.5 Revocation.

Although licenses issued under the regulations in this part are revocable at will, licenses will not ordinarily be revoked. The occurrence of the following may, however, result in the revocation of the license: (a) Failure to abide by the terms and conditions of the license; (b) failure to use the process or device covered by the patent; (c) the bankruptcy or insolvency of the licensee.

PART 602-INSTRUMENTS AND APPARATUS FOR EDUCATIONAL AND SCIENTIFIC INSTITUTIONS

Sec.

602.1 General provisions. 602.2

Application for duty free entry of foreign instruments.

602.3 Review of application by the Commissioner of Customs.

602.4 Public notice of application and opportunity to present views. 602.5 Review and findings in the Department of Commerce.

Appendix A-Sample Form BDSAF-768. Appendix B-Instruments and Apparatus Referred to in § 602.2(c).

AUTHORITY: The provisions of this Part 602 issued under Public Law 89-651, 80 Stat. 897 (1966); Department of Commerce Order No. 152, as revised January 10, 1967.

SOURCE: The provisions of this Part 602 appear at 32 F.R. 2433, Feb. 4, 1967, unless otherwise noted.

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of

United States, section 1202, Title 19,. United States Code, 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 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. A public or private nonprofit institution established for educational or scientific purposes desiring to obtain free entry of an instrument or apparatus under item 851.60, Tariff Schedules of the United States, shall file an application for such entry in accordance with the requirements of 19 CFR 10.115, and § 602.2 of this part. (All references in this Part 602 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.) If the application is made in accordance with applicable regulations, notice and opportunity to present views will be provided in accordance with § 602.4, subject to § 602.5(e). Thereafter, the application shall be reviewed, and a decision made thereon and published in the FEDERAL REGISTER, in accordance with § 602.5. An appeal from any such decision may be taken, in accordance with Headnote 6 (e) to Part 4 of Schedule 8, only to the United States 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.

(b) Definitions. (1) "Instruments and apparatus" shall embrace 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 hereunder 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.

(2) "Accessory" shall have 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.

(3) "Foreign instrument" shall mean 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.

(4) "Accompanying accessory" shall mean an accessory for a foreign instrument that accompanies it in the same shipment and that is necessary for accomplishment of the purposes for which the foreign instrument is intended to be used. Only one application shall be required for a foreign instrument and its accompanying accessories.

(5) Unless context indicates otherwise, "article" shall mean a foreign instrument and its accompanying accessories.

(6) "Domestic instrument" shall mean an instrument, apparatus or accessory which is produced or to be produced in the United States.

(7) "Pertinent characteristics" and "pertinent specifications" of an instrument, apparatus or accessory shall mean those performance, structural, operational and other scientific characteristics, or specifications, as the case may be, that are necessary for the accomplishment of the purposes for which the instrument, apparatus or accessory is intended to be used, excluding from consideration those purposes which are exIcluded by Headnotes 1 or 6(a) to Part 4, Schedule 8. The term does not include a mere convenience that is not necessary for the accomplishment of the aforesaid purposes, nor does it include the cost of the instrument or apparatus.

(8) "Administrator" shall mean the Director of the Office of Scientific and Technical Equipment of the Business and Defense Services Administration of the Department of Commerce.

(c) Applications and comments. Applications (19 CFR 10.115, and § 602.2 of this part) and comments (§ 602.4) shall be in writing, typed, or printed, in the English language and legible. Copies of relevant documents, such as manufacturers' specifications, advertisements for bids, correspondence relating to availability of instruments or apparatus, or the like, may be made a part of an application or comments if fully identified. Each copy should be permanent and legible, and shall be attached as part of the response to the question to which it re

lates. A document in a foreign language shall be accompanied by an accurate translation.

(d) Exclusion from duty free entry under Headnote 6(a). Certain articles will be excluded from duty free entry as prescribed in 19 CFR 10.114 (c).

(e) Scientific equivalency. The determination of scientific equivalency between a foreign instrument and a domestic instrument shall be based on comparisons of the pertinent characteristics and pertinent specifications of the foreign instrument with the similar pertinent characteristics and pertinent specifications of the domestic instrument. If such comparisons show that at least one domestic instrument or a reasonable combination of domestic instruments does possess all of the pertinent characteristics and pertinent specifications of the foreign instrument, the Administrator shall find that scientific equivalency does exist. Otherwise, he shall find to the contrary. Pertinent characteristics and specifications of a combination of the instrument or apparatus with an accessory or accessories which is (are) necessary for accomplishment of the purposes for which the instrument or apparatus is intended to be used will be considered in making the said compari

sons.

(f) Domestic manufacture. An instrument, apparatus or accessory shall be considered as being manufactured in the United States

(1) If it is actually produced within the United States and is on sale and available from a stock in the United States, or

(2) With respect to instruments, apparatus, or accessories which are generally custom-made (made to purchasers' specifications) by domestic manufacturers of such articles or articles of the same general type, if a U.S. manufacturer is able and willing to produce the instrument, apparatus, or accessory within the United States and have it available promptly so that it may be obtained by the applicant without unreasonable delay. In determining whether a U.S. manufacturer is able and willing so to produce such a domestic article and have it so available, the Administrator shall take into account the normal commercial practice applicable to the production and distribution of instruments or apparatus of the same general type, as well as such other factors which in his

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