13. If the basis for application for dutyfree entry is that domestic instruments are not scientifically equivalent to the article:

a. List and describe those specifications, characteristics and technical factors inherent in the foreign instrument, which in your opinion make that instrument of superior scientific value to the domestic instrument(s) considered in view of the purposes for which the instrument for which duty-free entry is requested is intended to be used.

b. Explain in each case why you consider the specifications, characteristics and technical factors listed in 13a above to be important in the end-use of the instrument for which duty-free entry is being requested.

c. Provide an explanation for each domestic instrument considered as a substitute to the foreign instrument, in terms of the specifications, characteristics and technical factors listed in 13a above, why the domestic instrument is not scientifically equivalent to the foreign instrument.

d. State any additional information or explanation which applicant believes relevant to the question of scientific equivalency.

14. If the basis for application for dutyfree entry is excessive delivery times quoted by domestic manufacturers, provide the following:

a. The shortest delivery time quoted by any domestic manufacturer whose instrument is considered scientifically equivalent to the article, between the receipt of a firm order and delivery to the site of the institution.

b. The delivery time quoted by the foreign manufacturer from the receipt of a firm order and delivery to the site of the institution (not the port of entry).

c. Reasons why the delay in obtaining the domestically produced instrument, beyond the date of delivery quoted by the foreign manufacturer, would adversely affect the intended uses of the instrument.

d. If applicant has placed an order for the article, state date (1) order was placed and (2) delivery date contracted for.

e. State any additional information or explanation which applicant believes rele

vant to the question of manufacture in the United States.

The applicant has (check appropriate box) Already placed a bona fide order for the article.

A firm intention, in event of favorable action on this application, to place a bona fide order for the article within the time limit specified by law.

CERTIFICATION

The applicant is informed and believes that no instrument or apparatus of equivalent scientific value, for the purposes stated in reply to Question 7 above, is being manufactured in the United States.

The above-named applicant requests that this application for duty-free importation under P.L. 89-651 be approved and certifies that all statements in this application are true or believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the United States Code and that such willful false statements may jeopardize the validity of the application or any duty-free importation entered thereon.

Date

Name (typed) of authorized official:

Title Signature

Person to contact regarding any questions arising in connection with this application: Address

Area Code ---- Telephone No.

APPENDIX B-INSTRUMENTS AND APPARATUS REFERRED TO IN § 602.2 (c)

Retinal cameras.

Laryngo-synchrostoboscopes.

Craig countercurrent separation apparatus.
Variable-pressure water channels.
Weissenberg Rheogoniometers.
Neutron Diffractometers.
Triaxial shear apparatus.

Broad range, multigap magnetic spectrographs.

[32 F.R. 9063, June 27, 1967]

86-032-68- -26

§ 700.1 Scope of part.

(a) The Act. The State Technical Services Act of 1965 (hereafter referred to as the "Act") became law on September 14, 1965.

(b) Purpose of the Act. The purpose of the Act is to provide a national program of incentives and support for the several States individually and in cooperation with each other in their establishing and maintaining State and interstate technical service programs in order that the benefits of federally-financed research, as well as other research, may be placed more effectively in the hands of American business, commerce and industrial establishments throughout the country. As stated in the Act, this program is essential to the growth of the economy, to higher levels of employment, and to the competitive position of U.S. products in world markets.

(c) Application of part. This part applies to any technical services program for which Federal financial assistance is authorized under the Act.

(d) Delegation of authority. The authority of the Secretary of Commerce under the Act was delegated to the Director, Office of State Technical Services, subject to such policies and directives as the Assistant Secretary of Commerce for Science and Technology may prescribe, by Department Order 7-A, effective November 19, 1965 (30 F.R. 15042, Dec. 4, 1965).

(c) "State" means one of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico or the Virgin Islands.

(d) "Technical services" means activities or programs designed to enable businesses, commerce and industrial establishments to acquire and use scientific and engineering information more effectively through such means as—

(1) Preparing and disseminating technical reports, abstracts, computer tapes, microfilm, reviews, and similar scientific or engineering information, including the establishment of State or interstate technical information centers for this purpose;

(2) Providing a reference service to identify sources of engineering and other scientific expertise; and

(3) Sponsoring industrial workshops, seminars, training programs, extension courses, demonstrations, and field visits designed to encourage the more effective application of scientific and engineering information.

(e) "Designated agency" means the institution or agency which has been designated as administrator of the program for any State or States under section 3 or section 7 of the Act.

(f) "Participating institution" means each qualified institution in a State which participates in the administration or execution of the State technical services program as provided by the Act.

(g) "Matching funds" means funds that are provided to a qualified institution by the State or by other nonFederal sources and may include fees, contributions, donations, gifts of money, the fair market value of services of personnel, the fair market value for the use for real or personal property, special user charges and tuition fees, received from persons and private profit or nonprofit firms or institutions. Matching funds may include non-Federal funds expended on existing technical services programs of the State constituting a part of the State's annual program as approved under the Act and these regulations. See § 700.15.

(h) "Advisory council" means the council appointed by the designated agency under section 9 of the Act and § 700.7.

(1) "Planning grant" means a grant awarded to a designated agency, other than that designated under section 7 of the Act, to assist in the preparation of

the 5-year plan and the initial annual technical services programs.

(j) "State program" means the annual technical services program submitted by the designated agency on behalf of a State or on behalf of two or more States jointly, but does not refer to a program element.

(k) "Program element" means an individual activity included as part of the annual technical services program.

(1) "Special merit program” means a program determined by the Secretary to be entitled to Federal financial assistance under section 10 (c) of the Act to accomplish the purposes of the Act.

(m) "Designee" means the person designated by the Governor of a State to furnish the certifications required under section 5 of the Act. The designee may not be an officer or employee of the designated agency or of a participating institution nor a member of the advisory council.

(n) "Qualified institution” means an agency, institution or organization meeting criteria in § 700.10.

(0) "Recipient" means the designated agency, participating institution, qualified institution receiving assistance under the Act, or person authorized to receive payments in support of each approved program.

§ 700.3 Approval by Director.

The Director shall review the 5-year plan and each annual program submitted by a designated agency under sections 4 or 7 of the Act and shall approve only those which

(a) Bear the certification required by the Governor or his designee under section 5 of the Act;

(b) Comply with the regulations in this part; and

(c) Otherwise accomplish the purposes of the Act.

the purpose of planning, using all or part of the planning grant. A designated agency established under section 7 of the Act, acting in behalf of interstate participants, while ineligible to receive a direct planning grant, may receive all or part of a State's planning grant under an agreement between two or more States for the purpose of joint planning. There is no requirement that a State match or otherwise furnish any portion of planning grant funds paid to its designated agency under section 10(e) (1) of the Act.

(b) Amount and term. No designated agency may receive a planning grant in excess of $25,000 a year. In the discretion of the Director, a planning grant may be paid for each of the first 3 fiscal years commencing with fiscal year 1966. However, after the 5-year plan and the initial annual technical services programs are submitted to the Director and approved, no other planning grant will be paid unless the Director determines that there is a specific need demonstrated

(1) For planning in a new direction which is not included in the approved 5-year plan and which is to be included in a future revision of the plan; or

(2) For additional planning in the development and preparation of the 5-year plan or revisions thereto reflecting new or more detailed insight into the State's economic conditions and technical resources leading to additional opportunities for the transfer of technology through the provisions of technical services not covered in the previously approved 5-year plan; or

(3) For additional planning in the development and preparation of the annual technical services programs.

(c) Procedure to obtain planning grant. A designated agency may obtain a planning grant by a written request to the Director only after the Governor of the State concerned has notified the Secretary or the Director that such State intends to participate under the Act and has designated under section 3 of the Act the institution or agency making such request. The request should contain the following information:

(1) A statement of the appropriate State laws and regulations under which the Governor has designated such institution or agency to be the designated agency and under which authority the State program will be carried out;

(2) A clear and succinct statement justifying the need for the planning grant and the specific purposes for which it is to be used;

(3) The total amount requested for these purposes;

(4) A budget showing a breakdown of the estimated amounts which will be expended during the fiscal year for these purposes with the funds furnished by the planning grant; and

(5) The name of the officer of the designated agency who is authorized to act for the designated agency.

[31 F.R. 5951, Apr. 19, 1966, as amended at 31 F.R. 16265, Dec. 20, 1966]

§700.5 Five-year plan.

(a) To receive Federal financial assistance for an annual technical services program, a designated agency shall prepare and submit a 5-year plan which

(1) Outlines the technological and economic conditions of the State, taking into account its region, business, commerce, and its industrial potential and identifies the major regional and industrial problems;

(2) Identifies the general approaches and methods to be used in the solution of these problems and outlines the means for measuring the impact of such assistance on the State or regional economy; and

(3) Explains the methods to be used in administering and coordinating the technical services program.

(b) A designated agency may revise the 5-year plan it previously submitted on an annual basis during the period of the plan.

(c) No 5-year plan of a State shall be accepted for review and approval by the Director unless the Governor of the State or his designee certifies that the plan is consistent with the State's policies and objectives.

§ 700.6 Annual technical services pro

gram.

(a) In addition to the 5-year plan described in § 700.5, each designated agency seeking Federal financial assistance on behalf of a State or States under the Act shall prepare and submit to the Director an annual technical services program which

(1) Identifies specific methods, which may include contracts, for accomplishing particular goals and outlines the likely impact of these methods in terms of the 5-year plan. If it is planned to enter