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###### Office of the United States Trade Representative

# AGENCY:

Office of the United States Trade Representative. 

# ACTION:

Determination under Trade Agreements Act of 1979. 

# DATES:

*Effective Date:*                         February 1, 2009.                     

# FOR FURTHER INFORMATION CONTACT:

Jean Heilman Grier, Senior Procurement Negotiator, Office of the United States Trade Representative, (202) 395-9476, or Katherine Tai, Associate General Counsel, Office of the United States Trade Representative, (202) 395-9589. 

On April 12, 2006, the United States and Peru entered into the United States-Peru Trade Promotion Agreement (“Peru TPA”). Chapter Nine of the Peru TPA sets forth certain obligations with respect to government procurement of goods and services, as specified in Annex 9.1 of the Peru TPA. On December 14, 2007, the President signed into law the United States-Peru Trade Promotion Agreement Implementation Act (“the Peru TPA Act”) (Pub. L. No. 110-138, 121 Stat. 1455) (19 U.S.C. 3805 note). In section 101(a) of the Peru TPA Act, the Congress approved the Peru TPA. The Peru FTA will enter into force on February 1, 2009. 

                        Section 1-201 of Executive Order 12260 of December 31, 1980 (46 FR 1653) delegates the functions of the                               ( print page 4265)                            President under Sections 301 and 302 of the Trade Agreements Act of 1979 (“the Trade Agreements Act”) (19 U.S.C. 2511, 2512) to the United States Trade Representative.                     

Now, therefore, I, Susan C. Schwab, United States Trade Representative, in conformity with the provisions of sections 301 and 302 of the Trade Agreements Act, and Executive Order 12260, and in order to carry out U.S. obligations under Chapter Nine of the Peru TPA, do hereby determine that: 

1. Peru is a country, other than a major industrialized country, which, pursuant to the Peru TPA, will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products. In accordance with section 301(b)(3) of the Trade Agreements Act, Peru is so designated for purposes of section 301(a) of the Trade Agreements Act. 

                        2. With respect to eligible products of Peru (                        *i.e.*, goods and services covered by the Schedules of the United States in Annex 9.1 of the Peru TPA) and suppliers of such products, the application of any law, regulation, procedure, or practice regarding government procurement that would, if applied to such products and suppliers, result in treatment less favorable than accorded—                     

(A) To United States products and suppliers of such products; or 

(B) To eligible products of another foreign country or instrumentality which is a party to the Agreement on Government Procurement referred to in section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17)) and suppliers of such products, shall be waived. 

With respect to Peru, this waiver shall be applied by all entities listed in the Schedules of the United States in Section A and in List A of Section C of Annex 9.1 of the Peru TPA. 

3. The designation in paragraph 1 and the waiver in paragraph 2 are subject to modification or withdrawal by the United States Trade Representative. 

Susan C. Schwab, 

United States Trade Representative.

 [FR Doc. E9-1451 Filed 1-22-09; 8:45 am] 

BILLING CODE 3190-W9-P