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###### Department of Commerce

###### International Trade Administration

Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89-651; as amended by Pub. L. 106-36; 80 Stat. 897; 15 CFR part 301), the Department of Commerce determines whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States.

Applications may be examined between 8:30 a.m. and 5 p.m. in Room 2104, Statutory Import Programs Staff, U.S. Department of Commerce 14th and Constitution Ave., NW., Room 2104 Washington, DC 20230.

*Docket Number:*                     09-041. Applicant: State University of New York College at Geneseo, Erwin Hall 218, 1 College Circle, Geneseo, NY 14454. Instrument: 4.5 Model Astrodome. Manufacturer: Astro Dome, Australia. Intended Use: The instrument will be used to house a telescope and CCD. Application accepted by Commissioner of Customs and Border Protection: June 26, 2008.                

The Department of Commerce received the Rice University application from Customs and Border Protection on July 13, 2009. The application was reviewed and the Department determined that the application did not have sufficient information for the Department to determine whether an equivalent instrument was being produced in the United States. In accordance with section 301.5(a)(2), the Department contacted the University to afford them an opportunity to supplement the application by providing further information regarding the purpose of the instrument and whether an equivalent instrument was being produced in the United States.

The State University of New York College at Geneseo then informed the Department that they had discovered that cost and design features were the determining factors in selecting the instrument. The University decided to withdraw the application for the Model Astrodome since they had been made aware that neither of these factors could be considered a pertinent specification in the comparison of instruments, in accordance with section 301.2(s).

                    Therefore, the Department of Commerce had discontinued the processing of this application, in accordance with section 301.5(g) of the regulations.                     *See 15 CFR 301.5(g)*.                

Dated: August 4, 2009.

Gregory Campbell,

Acting Director, Subsidies Enforcement Office, Import Administration.

[FR Doc. E9-19088 Filed 8-7-09; 8:45 am]

BILLING CODE 3510-DS-P