[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Notices]
[Page 55597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23048]



[[Page 55597]]

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DEPARTMENT OF COMMERCE

International Trade Administration


Texas A&M University; Notice of Decision on Application for Duty-
Free Entry of Scientific Instruments

    This is a decision 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). 
Related records can be viewed between 8:30 a.m. and 5:00 p.m. in Room 
3720, U.S. Department of Commerce, 14th and Constitution Ave. NW., 
Washington, DC.
    Docket Number: 14-035. Applicant: Texas A&M University, 200 Seawolf 
Parkway, Galveston, TX 77553. Instrument: Wartsila, W8L20 Generator set 
and special purpose tools. Manufacturer: Wartsila Ship Power, Finland. 
Intended use of instrument: See Application(s) for Duty-Free Entry of 
Scientific Instruments, 80 FR 31890, 31890 (June 4, 2015) (Application 
Notice) (explaining that the instrument would ``be used to prepare 
students to serve as licensed engineering officers in the U.S. Merchant 
Service and for other careers in demand in the Houston job market and 
elsewhere'').
    Comments: No comments have been received with respect to this 
application.
    Decision: Application denied.
    Reasons: To qualify for duty-free entry under item 851.60, an 
applicant must show that no instrument or apparatus of equivalent 
scientific value for the purposes for which the instrument or apparatus 
is intended to be used is being manufactured in the United States. See 
15 CFR 351.1(b)(2) (``Annex D of the Agreement provides that scientific 
instruments and apparatus intended exclusively for education purposes 
or pure scientific research use by qualified nonprofit institutions 
shall enjoy duty-free entry if instruments or apparatus of equivalent 
scientific value are not being manufactured in the country of 
importation''). As explained in the Application Notice, ``Marine Diesel 
engines of different design but in the same general category to that 
being donated are available in the US.'' Application Notice, 80 FR at 
31890. Therefore, the Wartsila, W8L20 Generator set and special purpose 
tools do not qualify for duty-free entry under item 851.60.
    The Applicant states that no domestically produced engine was 
offered as a donation, but this is not a pertinent specification, as 
defined in 15 CFR 301.2(s). Section 301.2(s) provides that pertinent 
specifications are those ``necessary for the accomplishment of the 
specific scientific research or science-related education purposes 
described by the applicant,'' while ``specifications of 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.''
    Accordingly, the applicant has failed to establish that domestic 
instruments of equivalent scientific value to the foreign instruments 
for the intended purposes are not available. Therefore, the application 
is denied.

    Dated: September 2, 2015.
Gregory W. Campbell,
Director, Subsidies Enforcement Office, Enforcement and Compliance.
[FR Doc. 2015-23048 Filed 9-15-15; 8:45 am]
 BILLING CODE 3510-DS-P