62390 Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Notices

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 5:00

P.M. in Room 4211, U.S. Department of

Commerce, 14th Street and Constitution

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

Docket Number: 95–106. Applicant:

Pennsylvania State University,

Department of Chemistry, 152 Davey

Laboratory, University Park, PA 16802.

Instrument: Cold Stage for Time-ofFlight SIMS. Manufacturer: Kore

Technology, Ltd., United Kingdom.

Intended Use: The instrument will be

used for studies of organic, inorganic

and biological solids to determine

whether a certain biological molecule is

bound inside or outside the nucleus of

a frozen biological cell. Application

Accepted by Commissioner of Customs:

October 24, 1995.

Docket Number: 95–107. Applicant:

U.S. Department of Commerce, National

Institute of Standards and Technology,

Bldg. 222, Rm A113, Gaithersburg, MD

20899. Instrument: Electron Microscope,

Model CM300. Manufacturer: Philips,

The Netherlands. Intended Use: The

instrument will be used to study the

chemical and crystallographic

composition, morphology, and their

related spatial placement of a variety of

inorganic and organic materials, such as

ceramics, metals, minerals, and

polymers. Application Accepted by

Commissioner of Customs: October 26,

1995.

Docket Number: 95–108. Applicant:

VA Medical Center of Gainesville, 1601

SW Archer Road, Gainesville, FL 32608-

1197. Instrument: Electron Microscope,

Model CM100. Manufacturer: Philips,

The Netherlands. Intended Use: The

instrument will be used for studies of

tissue from different organs, cultured

cells, and cell blocks prepared from

body cavity fluids. The studies will

involve investigations of cell

characterizations such as cytoplasmic

membrane projections, presence or

absence of cell junctions, type of

junctions, and cytoplasmic organelles at

the ultrastructural level to differentiate

between cell types and their origin. In

addition, the instrument will be used for

training pathology residents.

Application Accepted by Commissioner

of Customs: October 26, 1995.

Docket Number: 95–109. Applicant:

University of California, Room 301,

McCone Hall, Berkeley, CA 94720.

Instrument: Energy Dispersive

Spectrometer. Manufacturer: Oxford

Instruments, United Kingdom. Intended

Use: The instrument will be used for

studies of various materials including

mineral grain separates, whole rock thin

sections, soil particles, meteorites,

archeological artifacts, experimental

glass and crystalline charges, volcanic

ashes, rare earth semiconductors,

superconducting oxides, silicide and

nitride ceramics, and super alloys. In

addition, the instrument will be used for

educational purposes in the course

Geology 401. Application Accepted by

Commissioner of Customs: October 25,

1995.

Docket Number: 95–110. Applicant:

National Institute of Standards and

Technology, Quince Orchard Road,

Gaithersburg, MD 20899. Instrument:

Mass Spectrometer, Model JMS-700.

Manufacturer: JEOL, Japan. Intended

Use: The instrument will be used for the

quantitative and qualitative

determination of compounds of

biomedical interest in complex matrices

through studies of the properties of

concentration, molecular weight,

molecular structure, and ion structure.

Application Accepted by Commissioner

of Customs: October 26, 1995.

Docket Number: 95–111. Applicant:

University of Wisconsin-Madison,

Integrated Microscopy Resource, 1525

Linden Drive, Madison, WI 53706.

Instrument: Mode-locked Solid State

Laser. Manufacturer: Microlase Optical

Systems, Ltd., United Kingdom.

Intended Use: The instrument will be

used as a fluorescence excitation source

for the study of the dynamics of the

internal cellular architecture of living

biological specimens. The objective of

these experimental observations is to

understand how the internal machinery

of a cell functions during development.

In addition, the instrument will be used

in courses for advanced microscopy

techniques for undergraduates, graduate

students and visiting academic research

workers. Application Accepted by

Commissioner of Customs: October 26,

1995.

Docket Number: 95–112. Applicant:

The Scripps Research Institute, 10666

North Torrey Pines Road, La Jolla, CA

92037. Instrument: Electron Microscope,

Model CM100. Manufacturer: Philips,

The Netherlands. Intended Use: The

instrument will be used for electron

microscopic studies of the structure of

the following biological materials which

have been isolated from various plants

and tissue and culture cells: (1)

endoplasmic reticulum and Golgi

membranes, (2) plant cells, (3) actin

cytoskeletal complexes, (4) nuclear

envelope membranes, (5) plasma

membranes, and (6) clathin, dynamin,

and GAP junctions. Application

Accepted by Commissioner of Customs:

October 16, 1995.

Frank W. Creel

Director, Statutory Import Programs Staff

[FR Doc. 95–29729 Filed 12–5–95; 8:45 am]

BILLING CODE 3510–DS–F

Indiana University Medical Center,

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 AM and 5:00 PM in Room 4211,

U.S. Department of Commerce, 14th and

Constitution Avenue, N.W.,

Washington, D.C.

Docket Number: 95–043. Applicant:

Indiana University Medical Center,

Indianapolis, IN 46202-5289.

Instrument: Radiation Therapy

Simulator, Model Simulix-MC.

Manufacturer: Oldelft, The Netherlands.

Intended Use: See notice at 60 FR

33190, June 27, 1995.

Comments: None Received. Decision:

Denied. Reasons: In its justification for

duty exemption, the applicant states:

The structural, performance and

operational characteristics of the

foreign and domestic units are

similar. However, the foreign unit

possessed a greater number of the

structural and operational

characteristics required, without

incurring a greater expense.

The applicant lists the structural and

operational features of the foreign

instrument which led to the purchase

decision. The applicant states that each

feature of the foreign instrument is also

available on the domestic instrument

(manufactured by Varian Corporation)

and provides cost data as follows:

Shadow Tray: ... With the domestic unit,

an additional cost of $6495.00 would

have to be incurred by the institution.

Lasers: ...With the domestic unit, an

additional cost of $15,000 would have

to be incurred by the institution.
Federal Register / Vol. 60, No. 234 / Wednesday, December 6, 1995 / Notices 62391

Last Image Hold: ... With the domestic

unit, an additional cost of $11,350

would have to be incurred by the

institution.

The application is deficient for the

reason that the applicant’s purchase of

the foreign article was based, not on

grounds that the domestic instrument is

not scientifically equivalent as required

by 15 CFR 301.5(1), but on lower cost

of the foreign article.

Pursuant to 15 CFR Part 301.2(s):

‘Pertinent’ specifications are those

specifications necessary for the

accomplishment of the specific

scientific research and/or sciencerelated educational purposes

described by the applicant.

Specifications or features (even if

guaranteed) which afford greater

convenience, satisfy personal

preferences, accommodate

institutional commitments or

limitations, or assure lower costs of

acquisition, installation, operation,

servicing or maintenance are not

pertinent. (Emphasis added.)

Also, 15 CFR 301.5(d)(1)(i) provides

in part:

The determination of scientific

equivalency shall be based on a

comparison of the pertinent

specifications of the foreign

instrument with similar pertinent

specifications of comparable domestic

instruments... If the director finds that

a domestic instrument possesses all of

the pertinent specifications of the

foreign instrument, he shall find that

there is being manufactured in the

United States an instrument of

equivalent scientific value for such

purposes as the foreign instrument is

intended to be used.

Finally, the regulations provide in 15

CFR 301.5(e)(7) as follows:

Information provided in a resubmission

that... contradicts or conflicts with

information provided in a prior

submission..., shall not be considered

in making the decision on an

application that has been resubmitted.

Accordingly, an applicant may elect

to reinforce an original submission by

elaborating in the resubmission on the

description of the purposes contained

in a prior submission and may supply

additional examples, documentation

and/or other clarifying detail, but the

applicant shall not introduce new

purposes or other material changes in

the nature of the original application.

(Emphasis added.)

Consequently, in view of the

applicant’s categorical statements cited

above, no pertinent, scientifically

relevant specifications or features

independent of cost can be cited by the

applicant. Accordingly, we find

pursuant to Section 301.5(d)(1)(i) that

the domestic and foreign instruments

are scientifically equivalent.

We conclude that affording the

applicant an opportunity to resubmit its

application cannot result in a statement

of purpose or need consonant with the

regulations. The application is denied,

pursuant to Section 301.5(d)(1)(i) for the

reason that ‘‘there is being

manufactured in the United States an

instrument of equivalent scientific value

for such purposes as the foreign

instrument is intended to be used.

Frank W. Creel

Director, Statutory Import Programs Staff

[FR Doc. 95–29730 Filed 12–5–95; 8:45 am]

BILLING CODE 3510–DS–F

University of California, 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 301). Related

records can be viewed between 8:30

A.M. and 5:00 P.M. in Room 4211, U.S.

Department of Commerce, 14th and

Constitution Avenue, N.W.,

Washington, D.C.

Docket Number: 95–068. Applicant:

University of California, Berkeley, CA

94720-3104. Instrument: Mass

Spectrometer, Model JMS-AX505WA.

Manufacturer: JEOL, Japan. Intended

Use: See notice at 60 FR 48505,

September 19, 1995.

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 double focusing magnetic

sector design with mass range to 1200

and resolution to 20 000.

This capability is pertinent to the

applicant’s intended purposes and 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. 95–29731 Filed 12–5–95; 8:45 am]

BILLING CODE 3510–DS–F

C–201–505

Porcelain-on-Steel Cookingware from

Mexico; Final Results of

Countervailing Duty Administrative

Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

countervailing duty administrative

review.

SUMMARY: On September 26, 1995, the

Department of Commerce (the

Department) published in the Federal

Register its preliminary results of

administrative review of the

countervailing duty order on porcelainon-steel cookingware from Mexico for

Acero Porcelanizado, S.A. de C.V.

(APSA). The review covers the period

January 1, 1994 through December 31,

1994. We have completed this review

and determine the net subsidy to be de

minimis for APSA. The Department will

instruct the U.S. Customs Service to

liquidate, without regard to

countervailing duties, all shipments of

the subject merchandise from APSA

exported on or after January 1, 1994,

and on or before December 31, 1994.

EFFECTIVE DATE: December 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Norma Curtis or Kelly Parkhill, Office of

Countervailing Compliance, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington, D.C. 20230;

telephone: (202) 482–2786.

SUPPLEMENTARY INFORMATION:

Background

On September 26, 1995, the

Department published in the Federal

Register (60 FR 49565) the preliminary

results of its administrative review of

the countervailing duty order on

porcelain-on-steel cookingware from

Mexico. The Department has now

completed this administrative review in

accordance with section 751 of the

Tariff Act of 1930, as amended (the Act).

We invited interested parties to

comment on the preliminary results. We

received no comments. The review

covers the period January 1, 1994

through December 31, 1994. The review

involves one company and ten

programs.

Applicable Statute and Regulations

The Department is conducting this

administrative review in accordance

with section 751(a) of the Act. Unless

otherwise indicated, all citations to the

statute and to the Department’s