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Wands Tin the mi show t andi
by other interested persons. In such $ 400.1401 Public information activities. cases, definite statements as to the
The Executive Secretary of the Board amount of time desired should be re
shall conduct the following public inforquired. If no further hearing is held,
mation activities of the Board: it should be required that any additional
(a) Preparation and release of mateevidence be submitted in typewritten or
rial published by or for the Board, inprinted form, and the party submitting
cluding public announcements, items for i ads it should be required to serve a copy
publication in the FEDERAL REGISTER, news thereof on such other parties in interest
releases, and reports. as appeared at the hearing and to fur
(b) Clearance for release of informanish proof of such service for the record,
tional material from other agencies rethe rear [Redesignated by Order 29, 17 F. R. 5317,
ferred to the Board for review. June 11, 1952]
(c) Release of general information and to $400.1320 Record of proceedings. pertaining to Board activities, rules and The record of the proceedings should
regulations and, at his discretion, in
formation contained in Board records as be made in quadruplicate, 3 copies for the Board and 1 for the ofice of the presid
necessary to further the regular inforing oficer. The record should be ac
mation dissemination activities of the
Board, a poste companied by a copy of the notice and list of those present, briefs or exhibits
(d) Development and direction of submitted in the case, and the recom
measures to provide the international mendations of the oficer or committee
business community with information conducting the hearing on the points
pertaining to the establishment, opera
tion and administration of U.S. Foreignon line pe raised at the hearing. All of the above
Trade Zones. papers should be properly marked for reference and when possible bound to- $ 400.1402 Availability of materials for gether and submitted as a single exhibit. inspection and copying. (Redesignated by Order 29, 17 F. R. 6317, (a) The Board shall utilize the faciliJune 11, 1952)
ties and services of the Central Reference $ 400.1321 Additional rules of practice.
and Records Inspection Facility, U.S.
Department of Commerce, Washington, Additional rules of procedure and
D.C. 20230, to make available for public practice in formal proceedings under the
inspection and copying the materials react, and of procedure in formal and in
quired to be made available to the pubformal proceedings, in elaboration or ex- lic by 5 U.S.C.552 (a) (2). tension of those set forth herein, may be (b) Rules and procedures prescribing issued from time to time.
the hours of operation, location, fees, (Redesignated by Order 29, 17 F. R. 6917, and other requirements for public inJune 11, 1952]
spection of records through the central PUBLIC INFORMATION
facility are contained in Part 4 of this
$ 400.1403 Requests for identifiable unless otherwise noted.
records, $ 400.1400 Policy.
(a) The procedures of this section are
applicable only to those records not cusIt is the policy of the Foreign-Trade
tomarily available to the public as part Zones Board, consistent with the pur- of the regular information activities of poses of the Foreign-Trade Zones Act the Board. and the role of the Board as a regulatory (b) The Board shall utilize the faciliagency, to furnish the public with in- ties and services of the Central Reference formation pertaining to the establish- and Records Inspection Facility, U.S. Dement, operation and administration of partment of Commerce, Washington, D.C. foreign-trade zones in the United States, 20230, to make available for public inexcept that such information as is ex- spection and copying identifiable records empted from the requirement for dis- which have been determined to be disclosure of 5 U.S.C. 552, as amended, or- closable pursuant to 5 U.S.C. 552(a) (3). dinarily will not be made available to any (c) Rules and procedures prescribing person.
the hours of operation, location, fees, and
other requirements for public inspection
ity of records.
(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 regi est 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
(c) If an identifiable record is to be
(b) The decision upon such 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 VH-BUSINESS AND DEFENSE SERVICES ADMINISTRATION, DEPARTMENT OF COMMERCE
Part 601 602
Issuance of licenses under foreign patents owned by the United States.
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.
PART 601-ISSUANCE OF LICENSES $ 601.2 Application for licenses.
UNDER FOREIGN PATENTS OWNED An application for a license should be BY THE UNITED STATES
addressed to the Secretary of Commerce,
Washington 25, D. C., Attention: Sec. 601.1 Scope.
Director, Business and Defense Serv.
ices Administration, It should set 601.2 Application for licenses. 601.3 Type of license.
forth the name and address of the in601.4 Conditions in licenses.
dividual, partnership, or corporation 601.5 Revocation.
desiring the license, a brief descripAUTHORITY: The provisions of this part 601 tion of the business activities in which issued under E.O. 9865, June 14, 1947, 12 F.R. engaged, and such other pertinent in3907; 3 CFR, 1947 Supp.
formation as may be desired. The GovSOURCE: The provisions of this Part 601 ernment of the United States is interappear at 13 F.R. 313, Jan. 22, 1948, unless
ested in the maximum use being made otherwise noted. Redesignated at 18 F.R. 6623, Nov. 10, 1948.
of patented processes and devices which
it owns, and, accordingly, the Secretary $ 601.1 Scope.
of Commerce will consider the likely The regulations in this part are issued ability of the applicant to use the patunder the authority contained in Execu
ented process or device before determin. tive Order 9865 dated June 14, 1947.
ing that a license should or should not Under the Executive order, the Secretary
issue. of Commerce is required, where the best
(13 F. R. 313, Jan. 22, 1948, as amended at interests of the United States so indicate,
18 F. R. 8111, Dec. 10, 1953) to file patent applications in foreign countries covering inventions resulting
8 601.3 Type of license. from Government conducted or financed
Under existing law, the United States research embodied in United States pat
can issue only licenses which are revoents owned by the Government of the
cable at will. Licenses will also be nonUnited States. The Secretary of Com
exclusive and royalty-free except where merce having obtained such foreign patent rights for the United States Gov
the Secretary of Commerce shall deterernment may issue licenses thereunder
mine and proclaim it to be inconsistent to nationals of the United States who
with the public interest to issue licenses make application therefor.
on such a basis.
§ 601.4 Conditions in licenses.
United States, section 1202, Title 19, The licenses to be issued will be
United States Code, as added by said secgranted on the following express condi
tion 6(c)). The Act provides, inter alia, tions: (a) The Government of the United
that any nonprofit Institution (whether States will not guarantee the validity of
public or private) established for eduthe patent covered by the license, nor
cational or scientific purposes may obtain. will it undertake to defend any suits
duty-free treatment of certain instrubrought against the licensees or to in
ments and apparatus entered for its use, demnify for infringement of the patent;
if the Secretary of Commerce determines (b) the Government of the United States
that no instrument or apparatus of will reserve the right at any time to grant
equivalent scientific value to such article, additional licenses; and (c) the Govern
for the purposes for which the instrument will reserve the right to revoke the
ment or apparatus is intended to be used, License at any time. It will also be pro
is being manufactured in the United vided in the license that it be non
States. A public or private nonprofit intransferable.
stitution established for educational or
scientific purposes desiring to obtain free 8 601.5 Revocation.
entry of an instrument or apparatus Although licenses issued under the
under item 851.60, Tariff Schedules of regulations in this part are revocable at
the United States, shall file an applicawill, licenses will not ordinarily be re
tion for such entry in accordance with voked. The occurrence of the following
the requirements of 19 CFR 10.115, and may, however, result in the revocation
$ 602.2 of this part. (All references in of the license; (a) Failure to abide by
this Part 602 to items, headnotes, schedthe terms and conditions of the license;
ules or parts, unless otherwise indicated, (b) failure to use the process or device
are references to items, headnotes, schedcovered by the patent; (c) the bank
ules or parts of the Tariff Schedules of ruptcy or insolvency of the licensee.
the United States.) If the application
is made in accordance with applicable PART 602-INSTRUMENTS AND AP
regulations, notice and opportunity to PARATUS FOR EDUCATIONAL AND
present views will be provided in accord
ance with § 602.4, subject to $ 602.5(e). SCIENTIFIC INSTITUTIONS
Thereafter, the application shall be reSec.
viewed, and a decision made thereon and General provisions.
published in the FEDERAL REGISTER, in 602.2 Application for duty free entry of for- accordance with $ 602.5. An appeal eign instruments.
from any such decision may be taken, in 602.3 Review of application by the Commis- accordance with Headnote 6(e) to Part 4
sioner of Customs. 602.4 Public notice of application and op
of Schedule 8, only to the United States portunity to present views.
Court of Customs and Patent Appeals 602.5 Review and findings in the Depart
and only on a question or questions of ment of Commerce.
law, within 20 days after publication of Appendix A-Sample Form BDSAF-768.
the decision in the FEDERAL REGISTER. Appendix B-Instruments and Apparatus
(b) Definitions. (1) "Instruments and. Referred to in § 602.2(c).
apparatus” shall embrace only instru-AUTHORITY: The provisions of this part 602
ments and apparatus classifiable unissued under Public Law 89-651, 80 Stat. 897
der the tariff items specified in Head(1966); Department of Commerce Order No.
note 6(a) of Part 4 of Schedule 8. A 152, as revised January 10, 1967.
combination of a basic instrument or SOURCE: The provisions of this Part 602
apparatus and additional components appear at 32 F.R. 2433, Feb. 4, 1967, unless
shall be treated as a single instrument or otherwise noted.
apparatus hereunder provided that, un$ 602.1 General provisions.
der normal commercial practice, such
combination is considered to be a single (a) Introductory provisions. The
instrument or apparatus and provided regulations of this part are issued under
further that the applicant has ordered the authority of the Educational, Scien
or, upon favorable action on its applitific, and Cultural Materials Importa
cation, firmly intends to order the comtion Act of 1966 (P.L. 89-651; 80 Stat. bination as a unit. 897;
particularly section 6(c) thereof and Headnote 6(f) to Part 4, of
(2) "Accessory” shall have the mean-Schedule 8, Tariff Schedules of the
ing which it has under normal commer
cial usage. An accessory for which duty
"p me th tic tic be PLE
free entry is sought under Item 851.60 lates. A document in a foreign language shall be the subject of a separate appli- shall be accompanied by an accurate cation when it is not an accompanying translation. accessory.
(d) Exclusion from duty free entry (3) "Foreign instrument” shall mean under Headnote 6(a). Certain articles an instrument, apparatus or accessory will be excluded from duty free entry as for which duty free entry is sought under prescribed in 19 CFR 10.114(c). Item 851.60. However, “foreign instru
(e) Scientific equivalency. The dement” does not include repair compo- termination of scientific equivalency benents, which enter under Item 851.65.
tween a foreign instrument and a domes(4) "Accompanying accessory” shall tic instrument shall be based on commean an accessory for a foreign instru
parisons of the pertinent characteristics ment that accompanies it in the same
and pertinent specifications of the forshipment and that is necessary for ac
eign instrument with the similar perticomplishment of the purposes for which
nent characteristics and pertinent specithe foreign instrument is intended to be
fications of the domestic instrument. If used. Only one application shall be re
such comparisons show that at least one quired for a foreign instrument and its
domestic instrument or a reasonable accompanying accessories.
combination of domestic instruments (5) Unless context indicates otherwise,
does possess all of the pertinent charac"article" shall mean a foreign instru
teristics and pertinent specifications of ment and its accompanying accessories.
the foreign instrument, the Administra(6) "Domestic instrument” shall mean
tor shall find that scientific equivalency an instrument, apparatus or accessory
does exist. Otherwise, he shall find to which is produced or to be produced in
the contrary. Pertinent characteristics the United States.
and specifications of a combination of (7) "Pertinent characteristics" and
the instrument or apparatus with an ac"pertinent specifications” of an instru
cessory or accessories which is (are) necment, apparatus or accessory shall mean
essary for accomplishment of the purthose performance, structural, opera
poses for which the instrument or aptional and other scientific characteris
paratus is intended to be used will be tics, or specifications, as the case may
considered in making the said comparibe, that are necessary for the accom
sons. plishment of the purposes for which the
(f) Domestic manufacture. An ininstrument, apparatus or accessory is in
strument, apparatus or accessory shall tended to be used, excluding from con
be considered as being manufactured in sideration those purposes which are ex
the United States cluded by Headnotes 1 or 6(a) to Part 4, Schedule 8. The term does not in
(1) If it is actually produced within
the United States and is on sale and clude a mere convenience that is not nec
available from a stock in the United essary for the accomplishment of the aforesaid purposes, nor does it include
States, or the cost of the instrument or apparatus.
(2) With respect to instruments, ap(8) "Administrator" shall mean the
paratus, or accessories which are genDirector of the Office of Scientific and
erally custom-made (made to purchasTechnical Equipment of the Business
ers' specifications) by domestic manu
facturers of such articles or articles of and Defense Services Administration of the Department of Commerce.
the same general type, if a U.S. manufac
turer is able and willing to produce the (C) Applications and comments. Ap
instrument, apparatus, or plications (19 CFR 10.115, and § 602.2 of
within the United States and have it this part) and comments ($ 602.4) shall be in writing, typed, or printed, in the
available promptly so that it may be obEnglish language and legible. Copies of
tained by the applicant without unrearelevant documents, such as manufac
sonable delay. In determining whether turers' specifications, advertisements for
a U.S, manufacturer is able and willing bids, correspondence relating to availa
so to produce such a domestic article and bility of instruments or apparatus, or the
have it so available, the Administrator like, may be made a part of an applica
shall take into account the normal comtion or comments if fully identified.
mercial practice applicable to the proEach copy should be permanent and leg
duction and distribution of instruments ible, and shall be attached as part of the or apparatus of the same general type, response to the question to which it re- as well as such other factors which in his