SUBCHAPTER X
IMPORTATIONS OF RELIGIOUS, EDUCATIONAL, SCIENTIFIC
AND OTHER INSTITUTIONS
XXII
98-X-1
U.S. Notes
1. Except as provided in subheading 9810.00.20 and headings 9810.00.70, 9810.00.85, 9810.00.90 and 9810.00.95, or as otherwise provided for in this U.S. note, the articles covered by this subchapter must be exclusively for the use of the institutions involved, and not for distribution, sale or other commercial use within 5 years after being entered. Articles admitted under any provision in this subchapter may be transferred from an institution specified with respect to such articles to another such institution, or may be exported or destroyed under customs supervision, without duty liability being incurred. However, if any such article (other than an article provided for in subheading 9810.00.20 or heading 9810.00.70) is transferred other than as provided by the preceding sentence, or is used for commercial purposes, within 5 years after being entered, the institution for which such article was entered shall promptly notify customs officers at the port of entry and shall be liable for the payment of duty on such article in an amount determined on the basis of its condition as imported and the rate applicable to it (determined without regard to this subchapter) when entered. If, with a view to a transfer (other than a transfer permitted by the second sentence) or the use for commercial purposes of an instrument or apparatus, a repair component admitted under subheading 9810.00.65 has been assembled into such instrument or apparatus, such component shall, for purposes of the preceding sentence, be treated as a separate article. 
2.  The term "regalia," as used in this subchapter, (subheadings 9810.00.15 and 9810.00.45) embraces only such insignia of rank or office, emblems or other articles as may be worn upon the person or borne in the hand during public exercises of the institution, and does not include articles of furniture or fixtures, nor regular wearing apparel, nor personal property of individuals. 
3. Architectural, engineering, industrial or commercial drawings and plans, and reproductions thereof, are not covered by this subchapter unless they are intended solely for exhibition or for educational use under subheading 9810.00.30 (see chapter 49). 
4. Painted, colored or stained glass windows, and parts thereof, not covered by subheading 9810.00.10 are provided for in chapter 70.
5. Subchapter XII of this chapter contains provisions under which certain institutions may import articles free of duty for permanent exhibition under bond. 
6. 
(a) The term "instruments and apparatus" (subheading 9810.00.60) embraces only instruments and apparatus which are both provided for and dutiable in:
(i)
Chapter 39:
heading 3914;
(ii)
Chapter 69:
subheadings 6909.11 through 6909.90, and subheadings 6914.10 and 6914.90;
(iii)
Chapter 70:
subheadings 7017.10 through 7017.90, and heading 7020.00;
(iv)
Chapter 71:
subheadings 7114.11.70, 7114.19, 7114.20, 7115.10 and 7115.90;
(v)
Chapter 73:
subheadings 7325.10, 7325.91, 7325.99.10, 7325.99.50, 7326.19, 7326.20 and 7326.90;
(vi)
Chapter 74:
 subheadings 7419.20, 7419.80.30 and 7419.80.50;  
(vii)
Chapter 75:
subheadings 7508.10 and 7508.90.50 (except electroplating anodes);
(viii)
Chapter 76:
subheadings 7616.91 and 7616.99.50;
(ix)
Chapter 78:
heading 7806.00;
(x)
Chapter 79:
subheading 7907.00.60 (except zinc anodes);
(xi)
Chapter 80:
subheading 8007.00.50;
(xii)
Chapter 81:
 articles other than wrought metals, in subheadings 8101.99, 8102.99, 8103.91, 8103.99, 8104.90, 8105.90, 8107.90, 8112.19, 8112.39, 8112.49, 8112.59, 8112,69.90, 8112.99.91 and 8113.00; [Compiler's note: proclamation had "8115.90"; probably should be "8105.90"]
(xiii)
Chapter 84:
subheadings 8402.11 and 8402.90, subheadings 8404.10 through 8424.90.90, subheadings 8435.10, 8435.90 and 8438.80, subheadings 8454.10 through 8468.90 (except 8468.10), subheadings 8470.10 through 8470.30, subheadings 8479.10 through 8479.90 (except 8479.20 and 8479.40) and subheadings 8483.10.10 through 8483.10.50;
(xiv)
Chapter 85:
 subheadings 8501.10 through 8505.11, subheading 8505.20, subheadings 8505.90 through 8516.32, subheadings 8516.40 through 8522.90, subheadings 8525.50 through 8532.30, subheadings 8533.10 through 8542.90, subheadings 8543.20 through 8544.70 and subheadings 8547.90 and [heading] 8548;  
(xv)
Chapter 88:
 subheadings 8801.00 (except gliders and hang gliders) and 8802.60.90 and parts of the goods of subheadings 8801.00 (except gliders and hang gliders) and 8802.60.90 as provided for in heading 8807;  
(xvi)
Chapter 89:
subheadings 8907.10 and 8907.90;
(xvii)
Chapter 90:
all provisions (except subheadings 9013.80 and 9023.00);
(xviii)
Chapter 91:
all provisions (except subheadings 9113.10 through 9113.90); and
(xix)
Chapter 96:
subheadings 9603.50, 9613.80.20, 9613.90.40 and 9617.00 (except subheading 9617.00.60);
but the term does not include materials or supplies, nor does it include ordinary equipment for use in building construction or maintenance or for use in supporting activities of the institution such as its administrative offices or its eating or religious facilities. The term "instruments and apparatus" under subheading 9810.00.60 includes separable components of an instrument or apparatus listed in this subdivision that are imported for assembly in the United States in such instrument or apparatus where the instrument or apparatus, due to its size, cannot be feasibly imported in its assembled state.
(b) An institution desiring to enter an article under subheading 9810.00.60 shall make application therefor to the Secretary of the Treasury including therein (in addition to such other information as may be prescribed by regulation) a description of the article, the purposes for which the instrument or apparatus is intended to be used, the basis for the institution's belief that no instrument or apparatus of equivalent scientific value for such purposes is being manufactured in the United States, and a statement that either the institution has already placed a bona fide order for the instrument or apparatus or has a firm intention, in the event of favorable action on its application, to place such an order on or before the final day specified in paragraph (d) of this U.S. note for the placing of an order. If the application is made in accordance with the applicable regulations, the Secretary of the Treasury shall promptly forward copies thereof to the Secretary of Commerce and to the Secretary of Health and Human Services. If, at any time while its application is under consideration by the Secretary of Commerce or by the Court of Appeals for the Federal Circuit on appeal from a finding by him, an institution cancels an order for the instrument or apparatus to which its application relates or ceases to have a firm intention to order such instrument or apparatus, it shall promptly so notify the Secretary of Commerce or such Court, as the case may be.
(c)  Upon receipt of the application, the Secretary of Commerce shall, by publication in the Federal Register, afford interested persons and other Government agencies reasonable opportunity to present their views with respect to the question whether an instrument or apparatus of equivalent scientific value for the purposes for which the article is intended to be used is being manufactured in the United States. After considering any views presented pursuant to this paragraph, including any written advice from the Secretary of Health and Human Services, the Secretary of Commerce shall determine whether an instrument or apparatus of equivalent scientific value to such article, for the purposes for which the instrument or apparatus is intended to be used, is being manufactured in the United States. Each finding by the Secretary of Commerce under this paragraph shall be promptly reported to the Secretary of the Treasury and to the applicant institution. Each such finding shall be published in the Federal Register, with a statement of the reasons therefor, on or before the ninetieth day following the date on which the application was made to the Secretary of the Treasury in accordance with applicable regulations.
(d) 
(i) If the Secretary of Commerce determines under this U.S. note that an instrument or apparatus is being manufactured in the United States that is of equivalent scientific value to a foreign-origin instrument or apparatus for which application is made (but which, due to its size, cannot be feasibly imported in its assembled state), the Secretary shall report the findings to the Secretary of the Treasury and to the applicant institution, and all components of such foreign-origin instrument or apparatus shall remain dutiable.
(ii) If the Secretary of Commerce determines that the instrument or apparatus for which application is made is not being manufactured in the United States, the Secretary is authorized to determine further whether any component of such instrument or apparatus of a type that may be purchased, obtained, or imported separately is being manufactured in the United States and shall report the findings to the Secretary of the Treasury and to the applicant institution, and any component found to be domestically available shall remain dutiable.
(iii) Any decision by the Secretary of the Treasury which allows for duty-free entry of a component of an instrument or apparatus which, due to its size cannot be feasibly imported in its assembled state, shall be effective for a specified maximum period, to be determined in consultation with the Secretary of Commerce, taking into account both the scientific needs of the importing institution and the potential for development of comparable domestic manufacturing capacity.
(e) Subheading 9810.00.60 shall not apply with respect to any instrument or apparatus unless a bona fide order therefor has been placed, by the institution making the application under this U.S. note, on or before the sixtieth day following the day on which a finding of the Secretary of Commerce favorable to the institution has become final and conclusive.
(f)  Within 20 days after the publication in the Federal Register of a finding by the Secretary of Commerce under paragraph (c) of this U.S. note, an appeal may be taken from said finding only upon a question or questions of law and only to the United States Court of Appeals for the Federal Circuit:
(i) by the institution which made the application under paragraph (b) of this U.S. note;
(ii) by a person who, in the proceeding which led to such finding, represented to the Secretary of Commerce in writing that he manufactures in the United States an instrument or apparatus of equivalent scientific value for the purposes for which the article to which the application relates is intended to be used,
(iii) by the importer thereof, if the article to which the application relates has been entered at the time the appeal is taken, or
(iv) by an agent of any of the foregoing.
Any appeal under this paragraph shall receive a preference over all other matters before the Court and shall be heard and determined as expeditiously as the Court considers to be practicable. The judgement of the Court shall be final. 
(g) The Secretary of the Treasury and the Secretary of Commerce may prescribe joint regulations to carry out their functions under this note.

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