[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Extensions of Remarks]
[Page E1463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       INTRODUCTION OF H.R. 3952

                                 ______
                                 

                         HON. ROBERT S. WALKER

                            of pennsylvania

                    in the house of representatives

                         Friday, August 2, 1996

  Mr. WALKER. Mr. Speaker, today we are introducing a bill to broaden 
the interpretation of language contained in the Florence Agreement, a 
multilateral international agreement regarding the importation of 
educational, scientific, and cultural materials. Signed by the United 
States, it allows for the duty-free importation of scientific apparatus 
into the United States, if used by U.S. approved institutions for 
educational, scientific, and cultural purposes.
  The problem which has raised this issue involves two large optical 
telescopes now under construction in Hawaii and Chile. The Gemini 
International Telescope Project, managed by the Association of 
Universities in Astronomy [AURA], involves the United States, the 
United Kingdom, Canada, Chile, Argentina, and Brazil. The U.S. Customs 
Service has narrowly defined the words ``scientific instruments or 
apparatus'' not to include components of these instruments or 
apparatus.
  The telescopes contain several components, one of which is an eight 
meter mirror which was manufactured in the United States. The mirrors 
were shipped to France for polishing before being returned to Hawaii 
and Chile for final assembly. The U.S. Customs Service initially 
contended that the mirror was a component and that components are not 
eligible for duty-free entry. Chile, however, is not charging duties on 
the mirror destined for there. Following requests from Members of 
Congress and the administration, the U.S. Customs Service finally 
agreed to allow the duty-free import of the mirror, because it ruled 
that the mirror involved the essence of the telescopes. However, there 
are several other major components of the telescope that should receive 
duty free status. Separate legislation (H.R. 3951) has also been 
introduced to allow favorable treatment of these components.
  While demonstrated by the difficulties encountered with the Gemini 
International Telescope Project, this bill addresses the broader 
problem of the interpretation of the words ``instruments or apparatus'' 
by the U.S. Customs Service. This bill states that separable components 
shall be included under the definition of ``instruments or apparatus'' 
and shall thus be eligible for duty-free import into the United States 
under the Harmonized Tariff Schedule of the United States. This bill 
will ensure that the United States fulfills the intent of the Florence 
Agreement.

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