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judgment are reasonable to take into (3) Question 7 (Intended uses). The account under the circumstances of a response to this question should state the particular proceeding.

purposes for which the foreign instru(g) Entry and liquidation. Entry and ment and accompanying accessories are liquidation procedures are prescribed in intended to be used, clearly identifying 19 CFR 10.114(d).

the scientific objectives intended to be § 602.2 Application for duty free entry

accomplished. of foreign instruments.

(4) Questions 8 and 9 (Specifications (a) Additional requirements

of imports). Response to these questions

appli- should include: cable to applications. Business and Defense Services Administration Form 768

(i) Pertinent manufacturer's specifi(BDSAF 768), “Request for duty free

cations for the foreign instrument and entry of scientific instruments and ap

accompanying accessories; paratus”, a sample of which is set forth

(ii) Additional pertinent specification as Appendix A hereto and is hereby made

information, if any is known to applia part hereof, shall be used in the prepa

cant, augmenting the manufacturer's ration of an application. Seven copies

specifications-state pertinent actual of the form shall be completed in accord

specifications if applicant believes actual ance with paragraph (b) of this section.

specifications differ from manufacturer's Two of such forms shall be executed by

specifications; an officer of the applicant; five shall be

(iii) Information known to the appliconformed copies. The seven completed

cant, if any, (a) which substantiates or copies of the form, with the attachments

tends to substantiate the accuracy of said required to complete the form fully,

manufacturer's specifications or, (b) if should be filed with the Commissioner of

the applicant believes that the foreign Customs, Attention: Tariff Classifica

instrument's actual specifications are tion Rulings, Washington, D.C. 20226.

other than as stated by its manufac(b) BDSAF 768. Except as provided

turer, which substantiates or tends to in paragraph (c) of this section, appli

substantiate the accuracy of the specificant should answer all applicable ques

cations believed by the applicant to be

said instrument's actual specifications. tions appearing on BDSA Form 768. The following instructions are to be fol

NOTE: The response to these Questions 8 lowed in completing the Form. Unless

and 9 should be in a form that permits comotherwise indicated from context, terms

parison with customary specifications for used in the form have the meanings de

comparable domestic instruments. Each

quantitative specification must identify the fined in $ 602.1(b).

unit(s) of measurement, the tolerances of (1) Question 4 (Description of ar- measurement where appropriate, and the ticle). The response to Question 4 of test procedure to be used to demonstrate the form may describe any quantity of

conformance with the specification. a foreign instrument and its accompany

(5) Questions 10 and 11 (Domestic ing accessories if the intended uses are instruments considered; purchase specithe same for all of the quantity included in the application. If differing uses are

fications, etc. Response to these quesintended, then separate applications are

tions should indicate the efforts which required for each quantity of the for

the applicant has made to obtain an ineign instrument having the same intend

strument or apparatus of equivalent ed uses. In completing Question 4, clear

scientific value, for the purposes for ly identify any articles which are accom

which the article is intended to be used, panying accessories (as contrasted with

that is manufactured in the United additional components which, in com

States, and the results of those efforts bination with a basic instrument or ap

(including a list of manufacturers conparatus, are considered under § 602.1(b)

tacted and copies of purchase specifica(1) to be single instrument apparatus).

tions, advertisements for bids, pertinent (2) Question 5 (Serial number(s)).

correspondence with manufacturers, and If the serial numbers of the foreign in

the like). strument and accompanying accessories

NOTE: "Domestic instruments considered" are not known when the application is

should be limited to that group of instrusubmitted, they shall be supplied in writ

ments or apparatus generally comparable to ing to the Administrator promptly when

one another that are most closely comparable they become known to the applicant.

to the foreign instrument and its accom-
panying accessories, and any

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struments or apparatus which the applicant from a stock but are presently unavailbelieves may be cited during the period for

able from a stock, applicant should so comment on its application.

state and indicate the basis for such (6) Question 12 (Basis for requesting claim. duty free entry). If applicant's re- (ii) If such instruments are generally sponse does not fall within categories a or custom made by the domestic manub of Question 12—as, for example, if ap- facturers of such instruments or instruplicant has considered more than one ments of the same general type, and apdomestic instrument and believes that plicant claims that domestic manufacsome domestic instruments are not sci- turers are unable or unwilling to produce entifically equivalent to the foreign in- and have such an instrument available strument while excessive delivery times promptly and without unreasonable dehave been quoted by domestic manu- lay, applicant should answer Questions facturers with respect to others—appli- 14 a through d of BDSA Form 768. cant should list in two separate cate- (iii) In answering questions 14 a and gories:

b, if the particular domestic or foreign (a) Those instruments or apparatus manufacturer in question quoted a dedeemed not to be of scientific value livery time other than on the basis of equivalent to the foreign instrument and delivery to applicant's site, indicate time its accompanying accessories; and

and basis of quote (e.g., F.O.B., F.A.S.), (6) Those instruments or apparatus estimate additional time required for dedeemed to be of equivalent scientific livery to site and indicate basis for such value, but considered as not being man- estimate. ufactured in the United States according (iv) The response to Question 14e to the criteria of $ 602.1(f).

should contain any additional informa

tion or explanation which applicant beNOTE: See Note following subparagraph (5)

lieves relevant to the question of manuof this paragraph for meaning of instruments “considered".

facture in the United States as defined

in § 602.1(f), as, for example, applicant's (7) Question 13 (Comparison of in

understanding of normal commercial struments). Response to this question

practice applicable to the production or should include:

distribution of instruments or apparatus (i) Statement of those pertinent char

of the same general type; date on which acteristics and specifications of the

applicant needs the article to accomplish foreign instrument and accompanying

program objectives, effects of delay, etc. accessories which are considered to be of

(c) Short form application with resuperior scientific value to those of

spect to certain instruments and in cerdomestic instruments considered by ap

tain circumstances. (1) An applicant plicant but deemed not to be scientifically

requesting duty free entry under item equivalent;

851.60 of an instrument or apparatus (ii) Explanation of why presence of

listed in Appendix B hereto may omit such characteristics and specifications

Questions 9, 10, 11, 12, 13, and 14 of are important in the accomplishment of

BDSA Form 768. the purposes or objectives stated in re

(2) An application with such omissponse to Question 7; and

sions is hereinafter referred to as (iii) Any additional information or ex

"short form application”. planation which the applicant believes

(3) An applicant may submit a short to be pertinent to the question of scientific equivalency.

form application if it is requesting duty

free entry under these regulations for an NOTE: See Note, subparagraph (5) of this instrument or apparatus paragraph, for meaning of instruments

(i) Which is identical to an instru"considered”.

ment or apparatus granted duty free (8) Question 14 (Domestic manu- entry pursuant to these regulations not facture). (i) Question 14 should be more than one (1) year prior to the date completed if applicant claims that each of applicant's application, and instrument considered, although scien- (ii) The intended uses of which are tifically equivalent, is “not being manu- identical to the intended uses of said factured within the United States” ac- instrument or apparatus previously adcording to the criteria of $ 602.1(f). If mitted as published in the FEDERAL applicant claims that any such instru- REGISTER in conjunction with the proments are items which, under customary ceeding concerning said instrument or domestic practices, are usually delivered apparatus previously admitted. In such

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event, applicant shall also cite the pre- in any written form complying with vious application to which applicant re- § 602.1(c); however, one of the formats fers by its docket number, name or appli- of paragraph (c) of this section should cant, and date, and citation to decision be used if feasible. Any comment, to be published in the FEDERAL REGISTER. placed upon the record, must be sub$ 602.3 Review of the application by the

mitted in three (3) copies and must Commissioner of Customs.

state the name and address of the person Applications will be processed by the

submitting the comment and the docket Commissioner of Customs as set forth in

number of the application to which the

comment applies. Since each applica19 CFR 10.116. Applicants shall inform tion file must be complete in itself, & the Administrator of entry number, date

separate set of copies of a comment must of entry, port of entry, and the Customs be furnished for each application to district through which such merchandise has been entered and the application

which the comment pertains, even number to which such entry relates, as

though the sets of copies pertaining to prescribed in 19 CFR 10.116(c).

two or more applications may be identi

cal. Comments should be addressed to § 602.4 Public notice of application and

the Administrator, opportunity to present views.

(c) Formats for comments. Com(a) Publication of notice. Upon re

ments favoring the granting of an appllceipt from the Commissioner of Customs

cation should be in the form of suppleof an application that has been found

mentary answers to pertinent questions by him to be in accordance with appli

in $ 602.2, and should avoid duplication cable regulations, the Administrator

of the content of the application insofar shall assign it a docket number, and, sub

as is practicable. Comments opposing ject to $ 602.5(e), cause an appropriate

the granting of an application should be notice to be published in the FEDERAL

in the following form: REGISTER to afford reasonable opportu

(1) State name and address of the nity for presentation of views with re

party commenting. spect to the question "whether an instru

(2) State the docket number of the ment or apparatus of equivalent scien

application to which the comment tific value for the purposes for which the

applies. article is intended to be used is being

(3) List instruments or apparatus manufactured in the United States."

considered by the party to be scientif(Headnote 6(c) to Part 4 of Schedule 8.)

ically equivalent to the foreign instruThe complete notice shall include the ment and its accompanying accessodate on which the Commissioner of Cus

ry(ies) and to be presently manufactured toms received the application, the docket

in the United States. Provide pertinent number and applicant's answers to ques

specifications for and pertinent charactions 1, 2, 4, and 7. The date of the last

teristics of instruments or apparatus day of the period for comment shall be 20

manufactured by the party. days after the date on which the notice (4) Explain why one or more instruof the application is published unless a

ments or apparatus listed in (3) above later date for such last day is published

is scientifically equivalent to the foreign in the notice. As soon as the notice of an

instrument and its accompanying accesapplication is filed with the FEDERAL REG

sory (ies) for the purposes for which it ISTER, the Administrator shall make a is intended to be used. copy of the application available for public review during ordinary business

(5) Domestic manufacture: State

factual information and explanation hours.

showing that an instrument or appara(b) Additional requirements appli

tus, listed in response to Question 3 is cable to comments. Persons who are

being manufactured in the United States authorized by Headnote 6(e) to appeal

in accordance with the criteria set forth an adverse finding to the Court of Cus

in $ 602.1(f). Include as appropriate: toms and Patent Appeals (hereinafter called "parties") and who wish to com

(1) A showing that domestic instrument must submit their views and com

ment(s) is (are) on sale and available

from a stock in the United States (indiments in one of the formats stated in

cate from whom and when available); paragraph (c) of this section. Views and comments from other interested persons

(ii) A showing that an instrument(s) and Government agencies will be received

or apparatus listed is (are) generally

custom-made by domestic manufac

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turers of such articles or articles of the same general type;

(ii) A showing that the party (or other U.S. manufacturer) is able and willing to produce an instrument(s) or apparatus listed in subdivision (ii) of this subparagraph within the United States and have it (them) available promptly so that it (they) may be obtained by the applicant without unreasonable delay (state earliest delivery date(s) offered; communicate offer(s), if any, to applicant as well as to the Administrator);

(iv) A showing of the normal commercial practice applicable to the production and distribution of instruments or apparatus of the same general type;

(v) Other pertinent information or explanation.

(6) State any other pertinent information, explanation, or views. $ 602.5 Review and findings in the De

partment of Commerce. (a) Effect of expiration of the period for comment. The Administrator shall assemble the application, and those comments meeting the requirements of $ 602.4(b), into a record. After the period for comment ($ 602.4(a)), has ended, he shall not place explanations, arguments, or recommendations, other than those obtained from any selected Federal agency(ies) pursuant to paragraph (b) of this section, in the record in any form. He shall treat written comments received after the period for comment has ended as offers to provide additional information (see paragraph (c) of this section) to the extent that they contain factual information, as contrasted with arguments, explanations, or recommendations.

(b) Administrator's additions to the record. The Administrator may add to the record such additional written factual information available within the Executive Branch of the Government, and such printed information generally available to the public, as he deems appropriate and pertinent. He may also obtain for the record an opinion on any issue before him and reasons therefor from any agency of the Government which he regards as having particular competency in the field in question.

(c) Additional information from parties. If it appears to the Administrator that the information in the record is not sufficient to enable him to render a decision, if the action of denial without

prejudice (paragraph (e) of this section) appears to be inappropriate, and if it further appears that certain additional specific factual information will cure the insufficiency of the record, the Administrator in his discretion may request and place in the record such additional factual information as he feels will enable him to render a decision, from that party or those parties that appear best suited to provide the information, The Administrator may attach appropriate conditions and time limitations upon the provision of such information, and may draw appropriate inferences from the failure of a party to provide the information requested from him. The Administrator shall not, under this procedure, place arguments, explanations, or recommendations upon the record. The Administrator may also, in his discretion, request from any party or parties to a proceeding hereunder, and place in the record, such additional affirmations as he deems necessary to enable him to render a decision.

(d) Decision on the application. The Administrator shall prepare a written decision granting or denying the application in whole or in part. The decision shall be in the form of one or more findings stating whether an instrument or apparatus of equivalent scientific value to the article for which duty free entry is sought, for the purposes for which it is intended to be used, is or is not being manufactured in the United States, and it shall include a statement of his reasons for the finding(s). He shall transmit the decision to the FEDERAL REGISTER for publication, to the Commissioner of Customs, and to the applicant. At the same time, he shall make a copy of the record available for public review. (Copies of materials received pursuant to paragraphs (a) and (c) of this section which were not entered in the record pursuant to this section shall also be made available for public review. The Administrator may dispose of such materials at any time after final disposition of the application.) Pursuant to 19 CFR 10.117, the Administrator shall notify the district director of customs for the district in which entry of the merchandise in question was made, or the Commissioner of Customs if the district of entry is not known to the Administrator, of the final disposition of each application. If the Administrator thereafter receives notice from the applicant

in accordance with 19 CFR 10.116(c),

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he shall then notify said district director 3. This is a nonprofit institution estabof the final disposition of the application.

lished for: (check appropriate box) For purposes of this paragraph, dispo

o Scientific purposes. sition of an application shall be deemed

Educational purposes. final (1) when 20 days have elapsed after

4. a. Description of article and any acpublication of the decision in the FED

companying accessories for which free entry ERAL REGISTER and no appeal has been

is requested (hereinafter collectively called taken pursuant to § 602.1 hereof, or (11)

"article"). if such appeal has been taken, when final

b. Country of origin.

c. Name of foreign manufacturer. judgment is made and entered by the U.S. Court of Customs and Patent

d. Manufacturer's type or model number

for article and each accompanying accessory. Appeals.

5. Serial number (if known) of article and (e) Denial without prejudice to re- each accompanying accessory described in submission. The Administrator may

Item 4 above. deny an application without prejudice 6. Expected port of entry. If already ento its resubmission but otherwise in ac- tered, provide also the entry number and cordance with paragraph (d) of this

date of entry. section, if the application contains a de

7. Describe the intended uses of article ficiency which, in his opinion, prevents

for which free entry is requested. its consideration on its merits.

8. Attach copies or facsimiles of foreign

The Administrator shall state the deficiencies

manufacturer's performance and other speci

fications relevant to the purposes for which of the application in writing when mak- the article is intended to be used. ing such a denial, and may make such a 9. Provide any technical information, in denial prior to publication of a notice addition to that contained in the foreign of the application in the FEDERAL REGIS- manufacturer's specifications, which is conTER. The Secretary of Health, Educa

sidered germane to the question of scientific tion, and Welfare shall be promptly in

equivalency between the article and domesformed of such a denial. If the institu

tically produced counterparts, including evition is able to correct the deficiencies

dence of actual performance if known to the

applicant. noted in the denial, it may obtain ex

10. List the names and addresses of domespedited treatment of a new application

tic manufacturers whose instruments were on the same article by indicating in a considered as possible choices by the appliseparate letter of transmittal (in five

cant.

In addition, with respect to each (5) copies) that it is a resubmission of

listed manufacturer, indicate the following: an identified application previously

a. Whether manufacturer was contacted denied without prejudice.

and afforded an opportunity to offer an in

strument capable of fulfilling the purposes APPENDIX A-SAMPLE FORM BDSAF-768 for which article is intended to be used. U.S. DEPARTMENT OF COMMERCE, BUSINESS

b. Whether manufacturer (1) replied with

an offer to furnish an instrument for the AND DEFENSE SERVICES ADMINISTRATION

intended uses, (2) replied that the firm Treasury Department, Bureau of Customs

did not make an instrument capable of

fulfilling the intended purposes, or (3) did REQUEST FOR DUTY-FREE ENTRY OF SCIENTIFIC not reply. INSTRUMENTS OR APPARATUS

c. For each manufacturer who offered to Mail application to: Bureau of Customs,

furnish an instrument (b(2) above), state in Washington, D.C. 20226.

addition the type or model number proffered For use only by Bureau of Customs:

as capable of fulfilling the intended purposes. Date received by Customs

(Include all instruments which were so profCustoms' application No.

fered, even if the applicant believes the For use only by Department of Commerce:

delivery time quoted by the manufacturer Docket No.

was excessive.)

11. Attach a copy of the applicant's pur. TO BE COMPLETED BY APPLICANT

chase specifications which were furnished to NOTE: To avoid delay in processing the

to the foreign manufacturer and to those application due to omission of essential de

domestic manufacturers who were afforded tails, study the attached regulations and in

an opportunity to supply the instrument structions related to each item indicated

desired by applicant. below. Some of the items will require the

12. Indicate the basis for requesting duty. use of attachments or additional sheets.

free entry of the article: Each sheet should be identified with the

a. Domestic instruments are not scientif. corresponding item number, the applicant's ically equivalent to the article. name and the name of the article.

b. Excessive delivery times quoted by do1. Name of applicant institution

mestic manufacturers. 2. Address

c. Other. Specify.

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