[Federal Register Volume 73, Number 210 (Wednesday, October 29, 2008)]
[Notices]
[Page 64307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25824]


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DEPARTMENT OF COMMERCE

International Trade Administration


Withdrawal of Application for Duty-Free Entry of Scientific 
Instruments

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), the Department of Commerce 
determines whether instruments of equivalent scientific value, for the 
purposes for which the instruments shown below are intended to be used, 
are being manufactured in the United States.
Applications may be examined between 8:30 A.M. and 5:00 P.M. in Room 
2104, Statutory Import Programs Staff, U.S. Department of Commerce 14th 
and Constitution Ave., NW, Room 2104 Washington, D.C. 20230.
Docket Number: 08-046. Applicant: Rice University, 6100 Main Street MS-
61, Houston, TX 77005. Instrument: Gemstar camera with photon counting 
sensitivity. Manufacturer: Photonic Science, United Kingdom. Intended 
Use: The instrument is intended to be used to record x-ray diffraction 
from lipidic structures. Application accepted by Commissioner of 
Customs and Border Protection: August 22, 2008.
The Department of Commerce received the Rice University application 
from Customs and Border Protection on September 2, 2008. The 
application was reviewed and the Department determined that the 
application did not have sufficient information for the Department to 
determine whether an equivalent instrument was being produced in the 
United States. In accordance with section 301.5(a)(2), the Department 
contacted the University to afford them an opportunity to supplement 
the application by providing further information regarding the purpose 
of the instrument and whether an equivalent instrument was being 
produced in the United States.
Rice University then informed the Department that they had discovered 
price was the determining factor in selecting the instrument. The 
University decided to withdraw the application for the x-ray Gemstar 
Camera with Photon counting sensitivity since they had been made aware 
that price could not be considered a pertinent specification in the 
comparison of instruments, in accordance with section 301.2(s).
.
Therefore, the Department of Commerce had discontinued the processing 
of this application, in accordance with section 301.5(g) of the 
regulations. See 15 CFR 301.5(g).

Faye Robinson,
Director, Statutory Import Programs Staff, Import Administration.
[FR Doc. E8-25824 Filed 10-28-08; 8:45 am]
BILLING CODE 3510-DS-S