[Congressional Record Volume 142, Number 117 (Friday, August 2, 1996)]
[Extensions of Remarks]
[Page E1465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       INTRODUCTION OF H.R. 3951

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                         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 clarify 
the interpretation of language contained in the Florence Agreement, a 
multilateral international agreement regarding the importation of 
educational, scientific, and cultural materials. It allows the duty-
free importation of scientific apparatus into the United States, if 
used by U.S. approved institutions for educational, scientific, and 
cultural purposes.
  This legislation specifically broadens the interpretation of the 
words ``scientific instruments or apparatus'' by the U.S. Customs 
Service as it pertains to the Gemini International Telescope Project. 
The U.S. Customs Service has narrowly defined these terms not to 
include ``components'' of these instruments or apparatus.
  The present problem involved 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 telescopes contain several major components, 
one of which is an 8-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 also receive duty-free status.
  This bill addresses the specific problem being faced by the Gemini 
International Telescope Project by allowing the duty-free importation 
of major components of the telescope now under construction in Hawaii. 
The components are specifically listed in the legislation. This bill 
also addresses the issue of fairness under the United States 
obligations under the Florence Agreement. By allowing the duty-free 
importation of the components of the Gemini telescope, we are 
fulfilling an agreement we made with the international scientific 
community.

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