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

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.

-----------------------------------------------------------------------

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