[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Page 35082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17240]
[[Page 35081]]
_______________________________________________________________________
Part X
Office of the United States Trade Representative
_______________________________________________________________________
Determination Under Section 305 of the Trade Agreements Act of 1979;
Notice
Federal Register / Vol. 61, No. 129 / Wednesday, July 3, 1996 /
Notices
[[Page 35082]]
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Determination Under Section 305 of the Trade Agreements Act of
1979
AGENCY: Office of the United States Trade Representative.
ACTION: Determination Under Section 305 of the Trade Agreements Act of
1979.
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Pursuant to section 305(g)(1) of the Trade Agreements Act of 1979,
as amended (19 U.S.C. 2515(g)(1)(A)), and the authority vested in me by
the President pursuant to Presidential Determination 96-36, I hereby
identify Germany as a country that maintains in government procurement,
a significant and persistent pattern or practice of discrimination
against United States products or services which results in
identifiable harm to United States businesses. Pursuant to section
305(g)(2) of the Trade Agreements Act of 1979, as amended, on behalf of
the President, I hereby determine that immediate imposition of the
sanctions specified in section 305(g)(1)(B) of the Act would harm the
public interest of the United States, and accordingly postpone
imposition of those sanctions so that they will take effect September
30, 1996.
Reasons for a Determination
On April 30, 1996, in the Administration's annual report to the
Congress under Title VII of the Omnibus Trade and Competitiveness Act
of 1988 (section 305 of the Trade Agreements Act of 1979, as amended),
the Administration identified Germany for discrimination in the
procurement of heavy electrical equipment. Specifically cited was the
failure of Germany to implement the provisions of the 1993 U.S.-
European Union (EU) Memorandum of Understanding on Government
Procurement (MOU), which requires Germany, among other things, to give
U.S. suppliers access to an effective remedies system.
If the 60-day period of consultations specified in the statute is
not successful in resolving U.S. concerns, the President is required to
make this determination. Although the United States held consultations
with the Commission of the European Communities, representing Germany,
to address the practices cited in the Title VII report, U.S. concerns
have not yet been addressed by Germany in a satisfactory manner.
Therefore, pursuant to the requirements of the statute, I have
determined to identify Germany. However, in light of progress in these
consultations, I am postponing implementation of the sanctions until
September 30, 1996, to provide an opportunity to resolve remaining U.S.
concerns by then.
This determination shall be published in the Federal Register.
Ambassador Charlene Barshefsky,
Acting United States Trade Representative.
[FR Doc. 96-17240 Filed 7-2-96; 11:33 am]
BILLING CODE 3110-01-M
