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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

title.
SOURCE: $$ 400.1400 to 400.1406 contained
in Order 74, 32 F.R. 13715, Sept. 30, 1967,

$ 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

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other requirements for public inspection
of records through the central facility
are contained in Part 4 of this title.
$ 400.1404 Determinations of availabil-

ity of records.
(a) In accordance with the rules, regu-
lations, and procedures governing the op-
eration 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 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
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 in-
spect a record has been denied because
the record was not to be made available
for stated reason(s), may request a re-
consideration of the initial denial in ac-
cordance 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 sub-
mitted by the person requesting the re-
view.

(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.

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

Part 601 602

Issuance of licenses under foreign patents owned by the United States.
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.

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.

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§ 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

602.1

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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

accessory

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

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