Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Notices 21397

DEPARTMENT OF COMMERCE

International Trade Administration

University of North Dakota; Notice of

Decision on Application for Duty-Free

Entry of Scientific Instrument

This decision is made pursuant to

Section 6(c) of the Educational,

Scientific, and Cultural Materials

Importation Act of 1966 (Pub. L. 89–

651, 80 Stat. 897; 15 CFR part 301).

Related records can be viewed between

8:30 a.m. and 5 p.m. in Room 4211, U.S.

Department of Commerce, 14th and

Constitution Avenue, N.W.,

Washington, D.C.

Docket Number: 00–003. Applicant:

University of North Dakota, Grand

Forks, ND 58202–7129. Instrument:

Scanning Tunneling Microscope, Model

STM 25. Manufacturer: Omicron

Associates, Germany. Intended Use: See

notice at 65 FR 11986, March 7, 2000.

Comments: None received. Decision:

Approved. No instrument of equivalent

scientific value to the foreign

instrument, for such purposes as it is

intended to be used, is being

manufactured in the United States.

Reasons: The foreign instrument

provides: (1) ability to operate at

temperatures as low as 25°K, (2) a

vibrationally-isolated vacuum chamber

capable to 10 ¥11 mbar and (3)

conduction of electron-tunneling

spectroscopy measurements using the

STM. The National Institute of

Standards and Technology and a

university research center for advanced

microstructure devices advise that (1)

these capabilities are pertinent to the

applicant’s intended purpose and (2)

they know of no domestic instrument or

apparatus of equivalent scientific value

to the foreign instrument for the

applicant’s intended use (comparable

case).

We know of no other instrument or

apparatus of equivalent scientific value

to the foreign instrument which is being

manufactured in the United States.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 00–9996 Filed 4–20–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Applications for Duty-Free Entry of

Scientific Instruments

Pursuant to Section 6(c) of the

Educational, Scientific and Cultural

Materials Importation Act of 1966 (Pub.

L. 89–651; 80 Stat. 897; 15 CFR part

301), we invite comments on the

question of 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.

Comments must comply with 15 CFR

301.5(a)(3) and (4) of the regulations and

be filed within 20 days with the

Statutory Import Programs Staff, U.S.

Department of Commerce, Washington,

D.C. 20230. Applications may be

examined between 8:30 a.m. and 5 p.m.

in Room 4211, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C.

Docket Number: 00–007. Applicant:

University of Wisconsin-Milwaukee,

1900 E. Kenwood Boulevard, Room B30,

Milwaukee, WI 53211. Instrument:

Scanning Tunneling Microscope, Model

STM 25DH. Manufacturer: Omicron

Vakuumphysik GmbH, Germany.

Intended Use: The instrument is

intended to be used for the growth of

epitaxial semiconductors by molecular

beam epitaxy technique and

characterization in situ with variable

temperature scanning tunneling

microscopy, reflection high energy

electron diffraction, low energy electron

diffraction and Auger electron

spectroscopy. The ultimate goal of this

project is to investigate and understand

the processes at atomic level and to

control and manipulate the motion of

atoms on surfaces so that the more

sophisticated device structures can be

made. Application accepted by

Commissioner of Customs: March 24,

2000.

Docket Number: 00–008. Applicant:

University of Delaware Department of

Chemical Engineering, Colburn

Laboratory, 150 Academy Street,

Newark, DE 19716. Instrument: Electron

Microscope, Model JEM–2010F.

Manufacturer: JEOL Ltd., Japan.

Intended Use: The instrument is

intended to be used for the study of the

microstructure of metals, ceramics,

semiconductors, superconductors,

zeolites, polymers, colloids and

biomaterials to obtain structural and

compositional information on the

materials. In addition, the instrument

will be used for the training of faculty,

staff and graduate students in the

graduate course Transmission Electron

Microscopy in Materials Science (MASC

823). Application accepted by

Commissioner of Customs: April 3,

2000.

Frank W. Creel,

Director, Statutory Import Programs Staff.

[FR Doc. 00–9997 Filed 4–20–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

AGENCY: International Trade

Administration, Commerce.

ACTION: Notice of Revocation of Export

Trade Certificate of Review No.89–

00008.

SUMMARY: The Secretary of Commerce

issued an export trade certificate of

review to FEXCORP. Because this

certificate holder has failed to file an

annual report as required by law, the

Secretary is revoking the certificate.

This notice summarizes the notification

letter sent to FEXCORP.

FOR FURTHER INFORMATION CONTACT:

Morton Schnabel, Director, Office of

Export Trading Company Affairs,

International Trade Administration,

202/482–5131. This is not a toll-free

number.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (‘‘the Act’’) (Pub. L. No. 97–290, 15

U.S.C. 4011–21) authorizes the

Secretary of Commerce to issue export

trade certificates of review. The

regulations implementing Title III (‘‘the

Regulations’’) are found at 15 CFR part

325 (1997). Pursuant to this authority, a

certificate of review was issued on June

12, 1989 to FEXCORP.

A certificate holder is required by law

to submit to the Department of

Commerce annual reports that update

financial and other information relating

to business activities covered by its

certificate (Section 308 of the Act, 15

U.S.C. 4018, Section 235.14(a) of the

Regulations, 15 CFR 325.14(a)). The

annual report is due within 45 days

after the anniversary date of the

issuance of the certificate of review

(Sections 325.14(b) of the Regulations,

15 CFR 325.14 (b)). Failure to submit a

complete annual report may be the basis

for revocation (Sections 325.10(a) and

325.14(c) of the Regulations, 15 CFR

325.10(a) (3) and 325.14(c)).

On June 7, 1999, the Department of

Commerce sent to FEXCORP a letter

containing annual report questions with

a reminder that its annual report was

due on July 27, 1999. Additional

reminders were sent on September 9,

1999 and on November 8, 1999. The

Department has received no written

response to any of these letters.

On January 11, 2000,and in

accordance with Section 325.10(c)(1) of

the Regulations, (15 CFR 325.10(c)(1)),

the Department of Commerce sent a

letter by certified mail to notify

FEXCORP that the Department was

21398 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Notices

formally initiating the process to revoke

its certificate for failure to file an annual

report. In addition, a summary of this

letter allowing FEXCORP thirty days to

respond was published in the Federal

Register on January 19, 2000 at 63 FR

42614. Pursuant to 325.10(c) (2) of the

Regulations (15 CFR 325.10(c) (2)), the

Department considers the failure of

FEXCORP to respond to be an

admission of the statements contained

in the notification letter.

The Department has determined to

revoke the certificate issued to

FEXCORP for its failure to file an annual

report. The Department has sent a letter,

dated April 13, 2000, to notify

FEXCORP International Inc. of its

determination. The revocation is

effective thirty (30) days from the date

of publication of this notice. Any person

aggrieved by this decision may appeal to

an appropriate U.S. district court within

30 days from the date on which this

notice is published in the Federal

Register (325.10(c) (4) and 325.11 of the

Regulations, 15 CFR 324.10(c) (4) and

325.11 of the Regulations, 15 CFR

325.10(c) (4) and 325.11).

Dated: April 18, 2000.

Morton Schnabel,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 00–9993 Filed 4–20–00; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

International Trade Administration

Export Trade Certificate of Review

ACTION: Notice of Application.

SUMMARY: The Office of Export Trading

Company Affairs (‘‘OETCA’’),

International Trade Administration,

Department of Commerce, has received

an application for an Export Trade

Certificate of Review. This notice

summarizes the conduct for which

certification is sought and requests

comments relevant to whether the

Certificate should be issued.

FOR FURTHER INFORMATION CONTACT:

Morton Schnabel, Director, Office of

Export Trading Company Affairs,

International Trade Administration,

(202) 482–5131 (this is not a toll-free

number) or E-mail at oetca@ita.doc.gov.

SUPPLEMENTARY INFORMATION: Title III of

the Export Trading Company Act of

1982 (15 U.S.C. 4001–21) authorizes the

Secretary of Commerce to issue Export

Trade Certificates of Review. A

Certificate of Review protects the holder

and the members identified in the

Certificate from state and federal

government antitrust actions and from

private, treble damage antitrust actions

for the export conduct specified in the

Certificate and carried out in

compliance with its terms and

conditions. Section 302(b)(1) of the Act

and 15 CFR 325.6(a) require the

Secretary to publish a notice in the

Federal Register identifying the

applicant and summarizing its proposed

export conduct.

Request for Public Comments

Interested parties may submit written

comments relevant to the determination

whether a Certificate should be issued.

If the comments include any privileged

or confidential business information, it

must be clearly marked and a

nonconfidential version of the

comments (identified as such) should be

included. Any comments not marked

privileged or confidential business

information will be deemed to be

nonconfidential. An original and five

copies, plus two copies of the

nonconfidential version, should be

submitted no later than 20 days after the

date of this notice to: Office of Export

Trading Company Affairs, International

Trade Administration, Department of

Commerce, Room 1104H, Washington,

DC 20230, or transmitted by E-mail to

oetca@ita.doc.gov. Information

submitted by any person is exempt from

disclosure under the Freedom of

Information Act (5 U.S.C. 552).

However, nonconfidential versions of

the comments will be made available to

the applicant if necessary for

determining whether or not to issue the

Certificate. Comments should refer to

this application as ‘‘Export Trade

Certificate of Review, application

number 00–00002.’’ A summary of the

application follows.

Summary of the Application

Applicant: CONSOL Energy Inc.

(‘‘CEI’’), 1800 Washington Road,

Pittsburgh, Pennsylvania 15241.

Contact: William G. Rieland, Vice

President, Sales, Telephone: (412) 831–

4032.

Application No.: 00–00002.

Date Deemed Submitted: April 7,

2000.

Member (in addition to applicant):

AMCI Export Corporation, Latrobe, PA.

CEI seeks a Certificate to cover the

following specific Export Trade, Export

Markets, and Export Trade Activities

and Methods of Operations.

Export Trade

Product

Bituminous coal.

Export Markets

The Export Markets include all parts

of the world except the United States,

(the fifty states of the United States, the

District of Columbia, the

Commonwealth of Puerto Rico, the

Virgin Islands, American Samoa, Guam,

the Commonwealth of the Northern

Mariana Islands, and the Trust Territory

of the Pacific Islands).

The proposed Export Trade Certificate

of Review would extend antitrust

protection to CEI to conduct the

following export trade activities:

1. Gathering and sharing market

intelligence about CEI’s and member’s

mutual international competition and

the outcome of purchasing decisions in

foreign bituminous coal markets;

2. Allocating market opportunities

between CEI and member. As sales

opportunities arise in foreign countries

CEI and member would jointly

determine which company is best

served to bid for the business. CEI and

member would not compete against

each other as foreign opportunities

develop;

3. Jointly determining the appropriate

price that the bidding member would

apply to each foreign business

opportunity;

4. Predetermine which of CEI’s or

member’s coal production sources

would be offered for sale on each

foreign business opportunity;

5. Jointly developing logistical

arrangements in order to move the

bituminous coal to predetermined

markets. These activities would include

jointly arranging shipment schedules

with railroads, barge carriers, vessel

loading terminals, unloading terminals

and ocean vessel owners; and

6. CEI and member would jointly

negotiate vessel rates in order to

improve the transportation economics of

export bituminous coal shipments to

their foreign customers.

Dated: April 14, 2000.

Morton Schnabel,

Director, Office of Export Trading Company

Affairs.

[FR Doc. 00–9994 Filed 4–20–00; 8:45 am]

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

National Institute of Standards and

Technology

AGENCY: National Institute of Standards

and Technology Commerce, Commerce.

ACTION: Notice of government owned

inventions available for licensing.