[Congressional Record Volume 143, Number 82 (Thursday, June 12, 1997)]
[Extensions of Remarks]
[Page E1196]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  H.R. 1876, A BILL TO CLARIFY THAT COMPONENTS OF CERTAIN SCIENTIFIC 
  INSTRUMENTS AND APPARATUS SHALL BE PROVIDED THE SAME STATUS AS THE 
                 SCIENTIFIC INSTRUMENTS AND APPARATUSES

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                    HON. F. JAMES SENSENBRENNER, JR.

                              of wisconsin

                    in the house of representatives

                        Thursday, June 12, 1997

  Mr. SENSENBRENNER. 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. 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.
  As nations tighten their research budgets, international scientific 
collaborations involving many nations are becoming more common. 
Therefore, it is crucial the United States promulgate the same tariff 
treatment for the importation of component parts of large scientific 
instruments, as for the scientific instruments themselves. The need for 
this legislation was demonstrated last year by the difficulties 
experienced in the Gemini International Telescope project. The U.S. 
Customs Service narrowly defined the words ``scientific instruments or 
apparatus'' not to include ``components'' of these instruments.
  The Gemini project involved two large telescopes under construction 
in Hawaii and Chile. The project was managed by the Association of 
Universities in Astronomy [AURA], and involved the United States, 
United Kingdom, Canada, Chile, Argentina, and Brazil. The telescopes 
contained several components, including an 8-meter mirror 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, 
along with the other large components is not eligible for the same 
tariff free status as the instrument. Chile, however, was not charging 
duties on the components destined for there. The 104th  Congress had to 
pass specific legislation to provide tariff relief for the Gemini 
project.
  The prevent future problems, this bill addresses the difficulties 
encountered through the interpretation of the words ``instruments or 
apparatus'' by the U.S. Customs Service. It states that separable 
components shall be included under the definition of instruments or 
apparatus, and that therefore they shall be eligible for the same 
tariff treatment under the Harmonized Tariff Schedule of the United 
States. This bill will ensure that the United States fulfills the 
Florence Agreement's intent of furthering the exchange of ideas, 
knowledge, and information through the interchange of scientific 
instruments and apparatus.

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