# Foreign Availability Assessment: Initiation of an Assessment on ``Stored Program Controlled'' Equipment for Testing Integrated Circuits > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-472 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** January 17, 1996 - **Citation:** 61 FR 1189 ## Text 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-472. Public record. Not legal advice.