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vant to the question of manufacture in the
article. O A firm intention, in event of favorable
action on this application, to place a bona fide order for the article with. in the time limit specified by law.
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
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.
Person to contact regarding any questions
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 spectro
graphs. [32 F.R. 9063, June 27, 1967)
CHAPTER VII-OFFICE OF STATE TECHNICAL
PART 700-GENERAL REGULATIONS $ 700.1 Scope of part.
GOVERNING OPERATION AND AD- (a) The Act. The State Technical MINISTRATION OF STATE TECHNI- Services Act of 1965 (hereafter referred
to as the "Act”) became law on SeptemCAL SERVICES ACT OF 1965
ber 14, 1965. Sec.
(b) Purpose of the Act. The purpose 700.1 Scope of part.
of the Act is to provide a national pro700.2 Definitions.
gram of incentives and support for the 700.3 Approval by Director. 700.4 Planning grant.
several states individually and in coop700.5 Five-year plan.
eration with each other in their estab700.6 Annual technical services program. lishing and maintaining State and inter700.7 Advisory council.
state technical service programs in order 700.8 Criteria for approval of State plans that the benefits of federally-financed and programs.
research, as well as other research, may 700.9 Criteria for approval of special merit
be placed more effectively in the hands programs.
of American business, commerce and in700.10 "Qualified institution."
dustrial establishments throughout the 700.11 Recordkeeping and fiscal controls. 700.12 Correspondence, communications, re- country. As stated in the Act, this pro
quests for information, and inspec- gram is essential to the growth of the tion of records.
economy, to higher levels of employment, 700.13 Termination.
and to the competitive position of U.S. 700.14 Application of Title VI of Civil Rights
products in world markets. Act of 1964.
(c) Application of part. This part ap700.15 Existing or planned technical serv. ices program.
plies to any technical services program 700.16 Duplication.
for which Federal financial assistance is 700.17 Repayment.
authorized under the Act. 700.18 Formula for maximum amounts (d) Delegation of authority. The au
States are eligible to recelve. thority of the Secretary of Commerce 700.19 Funding programs under the Act.
under the Act was delegated to the Direc700.20 Reports.
tor, Office of State Technical Services, 700.21 Federal coordination and advisory committees.
subject to such policies and directives as
the Assistant Secretary of Commerce for Appendix A-Designation by the Commis
Science and Technology may prescribe, sioner of Education.
by Department Order 7-A, effective NoAppendix B-Assurances of Compliance with the Department of Commerce Reg
vember 19, 1965 (30 F.R. 15042, Dec. 4, ulations Under Title VI of the Civil Rights
1965). Act of 1964.
§ 700.2 Definitions. AUTHORITY: The provisions of this part
(a) "Secretary” means the Secretary 700 issued under 79 Stat. 679 (Public Law 89–182, approved Sept. 14, 1965, State Tech.
of Commerce or the Assistant Secretary nical Services Act of 1966).
of Commerce for Science and TechSOURCE: The provisions of this part 700
nology. appear at 31 F.R. 5951, Apr. 19, 1966, unless
(b) "Director" means the Director of otherwise noted.
the Office of State Technical Services.
(c) "State" means one of the States the 5-year plan and the initial annual of the United States, the District of Co- technical services programs. lumbia, the Commonwealth of Puerto (j) “State program” means the anRico or the Virgin Islands.
nual technical services program submit(d) "Technical services” means activ- ted by the designated agency on behalf ities or programs designed to enable of a State or on behalf of two or more businesses, commerce and industrial States jointly, but does not refer to & establishments to acquire and use scien- program element. tific and engineering information more (k) "Program element” means an ineffectively through such means as
dividual activity included as part of the (1) Preparing and disseminating tech
annual technical services program. nical reports, abstracts, computer tapes,
(1) "Special merit program" means & microfilm, reviews, and similar scientific program determined by the Secretary to or engineering information, including
be entitled to Federal financial assistthe establishment of State or interstate
ance under section 10(c) of the Act to technical information centers for this accomplish the purposes of the Act. purpose;
(m) "Designee" means the person (2) Providing a reference service to
designated by the Governor of a State identify sources of engineering and other
to furnish the certifications required unscientific expertise; and
der section 5 of the Act. The designee (3) Sponsoring industrial workshops,
may not be an officer or employee of the seminars, training programs, extension
designated agency or of a participating courses, demonstrations, and field visits
institution nor a member of the advisory designed to encourage the more effective
council. application of scientific and engineering
(n) "Qualified institution" means an information.
agency, institution or organization meet(e) "Designated agency” means the
ing criteria in $ 700.10. institution or agency which has been
(0) "Recipient” means the designated designated as administrator of the pro
agency, participating institution, quallgram for any State or States under
fied institution receiving assistance under section 3 or section 7 of the Act.
the Act, or person authorized to receive (f) “Participating institution" means
payments in support of each approved each qualified institution in a State
program. which participates in the administra- $ 700.3 Approval by Director. tion or execution of the State technical services program as provided by the Act.
The Director shall review the 5-year (g) "Matching funds" means funds
plan and each annual program submitted that are provided to a qualified institu
by a designated agency under sections 4 tion by the State or by other non
or 7 of the Act and shall approve only Federal sources and may include fees,
those whichcontributions, donations, gifts of money,
(a) Bear the certification required by the fair market value of services of per
the Governor or his designee under seco sonnel, the fair market value for the use
tion 5 of the Act; for real or personal property, special
(b) Comply with the regulations in user charges and tuition fees, received
this part; and from persons and private profit or non
(c) Otherwise accomplish the purprofit firms or institutions. Matching
poses of the Act. funds may include non-Federal funds $ 700.4 Planning grant. expended on existing technical services programs of the State constituting a
(a) Purpose and use.
The purpose of part of the State's annual program as
the planning grant is to assist each des. approved under the Act and these regu
ignated agency, other than a designated lations. See $ 700.15.
agency under section 7 of the Act, to (h) “Advisory council” means the
prepare the 5-year plan and the State's council appointed by the designated
initial annual technical services proagency under section 9 of the Act and
grams. The funds provided by the plan§ 700.7.
ning grant shall be used for any legiti(1) “Planning grant” means a grant
mate purpose directly related to the awarded to a designated agency, other
preparation of such plans and programs. than that designated under section 7 of
The Director shall be notified of the the Act, to assist in the preparation of
nature and amount of any contract
which the designated agency makes for
the purpose of planning, using all or part (2) A clear and succinct statement of the planning grant. A designated justifying the need for the planning agency established under section 7 of the grant and the specific purposes for Act, acting in behalf of interstate partic- which it is to be used; ipants, while ineligible to receive a direct (3) The total amount requested for planning grant, may receive all or part these purposes; of a State's planning grant under an (4) A budget showing a breakdown of agreement between two or more States the estimated amounts which will be exfor the purpose of joint planning, pended during the fiscal year for these There is no requirement that a State purposes with the funds furnished by the match or otherwise furnish any portion planning grant; and of planning grant funds paid to its des- (5) The name of the officer of the designated agency under section 10(e) (1) ignated agency who is authorized to act of the Act.
for the designated agency. (b) Amount and term. No designated [31 F.R. 5951, Apr. 19, 1966, as amended at agency may receive a planning grant in 31 F.R. 16265, Dec. 20, 1966] excess of $25,000 a year. In the discre
8 700.5 Five-year plan. tion of the Director, a planning grant may be paid for each of the first 3 fiscal
(a) To receive Federal financial assistyears commencing with fiscal year 1966.
ance for an annual technical services However, after the 5-year plan and the
program, a designated agency shall preinitial annual technical services pro
pare and submit a 5-year plan whichgrams are submitted to the Director and (1) Outlines the technological and approved, no other planning grant will
economic conditions of the State, taking be paid unless the Director determines
into account its region, business, comthat there is a specific need demon- merce, and its industrial potential and strated
identifies the major regional and indus(1) For planning in a new direction
trial problems; which is not included in the approved
(2) Identifies the general approaches 5-year plan and which is to be included
and methods to be used in the solution of in a future revision of the plan; or
these problems and outlines the means (2) For additional planning in the de
for measuring the impact of such assistvelopment and preparation of the 5-year
ance on the State or regional economy; plan or revisions thereto reflecting new
and or more detailed insight into the State's (3) Explains the methods to be used economic conditions and technical re- in administering and coordinating the sources leading to additional opportuni
technical services program. ties for the transfer of technology (b) A designated agency may revise through the provisions of technical sery- the 5-year plan it previously submitted ices not covered in the previously ap- on an annual basis during the period of proved 5-year plan; or
the plan. (3) For additional planning in the (c) No 5-year plan of a State shall be development and preparation of the accepted for review and approval by the annual technical services programs.
Director unless the Governor of the State (c) Procedure to obtain planning or his designee certifies that the plan is grant. A designated agency may obtain
consistent with the State's policies and a planning grant by a written request objectives. to the Director only after the Governor
$ 700.6 Annual technical services proof the State concerned has notified the
gram. Secretary or the Director that such State intends to participate under the Act and
(a) In addition to the 5-year plan dehas designated under section 3 of the
scribed in $ 700.5, each designated agency Act the institution or agency making
seeking Federal financial assistance on
behalf of a State or States under the Act such request. The request should contain the following information:
shall prepare and submit to the Director
an annual technical services program (1) A statement of the appropriate
whichState laws and regulations under which
(1) Identifies specific methods, which the Governor has designated such insti- may include contracts, for accomplishing tution or agency to be the designated
particular goals and outlines the likely agency and under which authority the impact of these methods in terms of the State program will be carried out; 5-year plan. If it is planned to enter