[Federal Register Volume 61, Number 11 (Wednesday, January 17, 1996)]
[Notices]
[Pages 1189-1190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-472]



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DEPARTMENT OF COMMERCE
Bureau of Export Administration
[Docket No. 951212297-5297-01]
RIN 0694-XX03


Foreign Availability Assessment: Initiation of an Assessment on 
``Stored Program Controlled'' Equipment for Testing Integrated Circuits

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice of initiation of an assessment.

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SUMMARY: Pursuant to the receipt of an allegation of foreign 
availability, the Bureau of Export Administration (BXA) is initiating a 
``denied license'' assessment to investigate the foreign availability 
of ``stored program controlled'' equipment for testing integrated 
circuits, and is seeking public comments on the foreign availability of 
these systems.

DATES: The period for submission of information will close on or before 
February 16, 1996.

ADDRESSES: Submit information relating to the allegation of foreign 
availability to: Maurice Cook, Economic Analysis Division, Office of 
Strategic Industries and Economic Security, Bureau of Export 
Administration, U.S. Department of Commerce, Room 1089, 14th Street and 
Pennsylvania Avenue, NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Maurice Cook, Economic Analysis 
Division, Office of Strategic Industries and Economic Security, Bureau 
of Export Administration, Telephone: (202) 482-5953; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Bureau of Export Administration assesses 
claims of foreign availability for items controlled for national 
security purposes under the provisions of Section 5 of the Export 
Administration Act of 1979, as amended (the Act), according to 
procedures and criteria set forth in Part 791 of the Export 
Administration Regulations. Although the Act has expired, the President 
invoked the International Emergency Economic Powers Act and continued 
in effect the system of controls, to the extent permitted by law, in 
Executive Order 12924 of August 19, 1994, and Notice of August 15, 1995 
(60 FR 42767). Under a policy of conforming its actions under the 
Executive Order, insofar as appropriate, to the provisions of the Act, 
BXA is following the provisions of Section 5 of the Act in initiating 
this assessment of foreign availability.
    On November 6, 1995, BXA accepted, for filing, a ``denied license'' 
foreign availability submission. This submission followed the denial of 
three license applications for export to the People's Republic of China 
of ``stored program controlled'' equipment for testing integrated 
circuits. This test equipment is controlled for national security 
reasons under Export Control Classification Number (ECCN) 3B01A: 
Equipment for the manufacture or testing of semiconductor devices or 
materials, and specially designed components and accessories therefor.
    Upon acceptance of the submission, BXA initiated a ``denied 
license'' assessment of the foreign availability of ``stored program 
controlled'' equipment for testing integrated circuits. Consistent with 
the requirements of the Act, BXA intends to publish the results of the 
assessment by April 6, 1996.
    The ``denied license'' assessment procedure is designed to 
determine whether a specific license application should be approved on 
the grounds of foreign availability--it is not intended to trigger the 
removal of U.S. export controls on an item. If the assessment leads to 
a positive determination of foreign availability, the Secretary of 
Commerce will determine whether a ``decontrol assessment'' is 
warranted.
    To assist BXA in conducting its assessment of whether foreign 
availability exists, the Economic Analysis Division, Office of 
Strategic Industries and Economic Security, will accept information 
regarding the foreign availability of ``stored program controlled'' 
equipment for testing integrated circuits. This information must be 
relevant to the particular exports as described in the denied license 
applications (i.e., the availability within the People's Republic of 
China, from non-U.S. sources, of ``stored program controlled'' 
equipment for testing integrated circuits). Persons who wish to submit 
relevant information concerning this foreign availability assessment 
may submit it to the Economic Analysis Division at the address 
indicated in the Addresses section of this notice.
    Information relevant to the foreign availability assessment may 
include, but is not limited to, the following: (1) Foreign 
manufacturers'' catalogues, brochures, or operations or maintenance 
manuals, (2) articles from reputable trade publications, (3) 
photographs, and (4) depositions based on eyewitness accounts. 
Supplement No. 1 to Part 791 of the EAR provides additional examples of 
evidence that may be helpful in conducting this assessment.
    The Economic Analysis Division (EAD) will give full and careful 
consideration to all information submitted in response to this notice 
that is revelant to this foreign availability assessment. EAD will use 
this information to supplement other sources of information during its 
evaluation of the allegation of foreign availability.
    EAD will also accept comments or information accompanied by a 
request that part or all of the material be treated confidentially 
because of its proprietary nature or for any other reason. The 
information for which confidential treatment is requested should be 
submitted to EAD separately from any non-confidential information. The 
top of each page should be marked with the term ``Confidential 
Information''. A non-confidential summary, which will be made available 
for public inspection, must accompany each submission of confidential 
information. EAD will accept only those confidential submissions that 
are appropriately identified as such. Any confidential submission that 
is not appropriately labeled or that does not include a non-
confidential summary will be returned to the sender. 

[[Page 1190]]

    Information that is accepted by EAD as privileged under section 
(b)(3) or (b)(4) of the Freedom of Information Act (5 U.S.C. 552 (b)(3) 
and (b)(4)) will be kept confidential and will not be available for 
public inspection, except as authorized by law. In addition, 
communications from agencies of the United States Government or foreign 
governments will not be made available for public inspection.
    All other information submitted in response to this notice will be 
a matter of public record and will be made available for public 
inspection and copying. In the interest of accuracy and completeness, 
the Department of Commerce requires that comments be submitted in 
writing. Oral comments must be followed by written memoranda, which 
will also be a matter of public record and made available for public 
inspection and copying.
    The public record of information received in response to this 
foreign availability assessment will be maintained in the Bureau of 
Export Administration's Freedom of Information Records Inspection 
Facility, Room 4525, U.S. Department of Commerce, 14th Street and 
Pennsylvania Avenue, NW., Washington, DC 20230. Records in this 
facility, including written public comments and memoranda summarizing 
the substance of oral communications, may be inspected and copied in 
accordance with regulations published in Part 4 of Title 15 of the Code 
of Federal Regulations. Information about the inspection and copying of 
records at the facility may be obtained by contacting Theodore Zois, 
Bureau of Export Administration Freedom of Information Records 
Inspection Facility, at the above address or by calling (202) 482-1525.
    Because the Department of Commerce is subject to strict statutory 
time limits in conducting foreign availability assessments, the period 
for submission of relevant information will close February 16, 1996. 
The Department will consider all information received before the close 
of the comment period in conducting the foreign availability 
assessment. Information received after the end of the comment period 
will be considered, if possible, but its consideration cannot be 
assured.
    Accordingly, the Department encourages persons who wish to provide 
information related to this foreign availability assessment to do so at 
the earliest possible time to ensure that the Department is able to 
fully consider such information.

    Dated: December 15, 1995.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 96-472 Filed 1-11-96; 4:43 pm]
BILLING CODE 3510-DT-P