[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Pages 34071-34072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16543]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination Regarding Waiver of Discriminatory Purchasing 
Requirements With Respect to Goods and Services of Taiwan (Known in the 
World Trade Organization as ``the Separate Customs Territory of Taiwan, 
Penghu, Kinmen and Matsu'' (Chinese Taipei))

AGENCY: Office of the United States Trade Representative.

ACTION: Determination regarding waiver of discriminatory purchasing 
requirements under the Trade Agreements Act of 1979.

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DATES: Effective Date: July 15, 2009.

FOR FURTHER INFORMATION CONTACT: Jean Heilman Grier, Senior Procurement 
Negotiator, Office of the United States Trade Representative, (202) 
395-9476.

SUPPLEMENTARY INFORMATION: On December 9, 2008, the WTO Committee

[[Page 34072]]

on Government Procurement approved the accession of ``the Separate 
Customs Territory of Taiwan, Penghu, Kinmen and Matsu'' (Chinese 
Taipei) to the World Trade Organization (``WTO'') Agreement on 
Government Procurement (``GPA''). Chinese Taipei submitted its 
instrument of accession to the Secretary-General of the WTO on June 15, 
2009. The GPA will enter into force for Chinese Taipei on July 15, 
2009. The United States, which is also a party to the GPA, has agreed 
to waive discriminatory purchasing requirements for eligible products 
and suppliers of Taiwan (known in the WTO as Chinese Taipei) beginning 
on July 15, 2009.
    Section 1-201 of Executive Order 12260 of December 31, 1980 
delegated the functions of the 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.
    Determination: In conformity with sections 301 and 302 of the Trade 
Agreements Act, and in order to carry out U.S. obligations under the 
GPA, I hereby determine that:
    1. Taiwan (known in the WTO as Chinese Taipei) has become a party 
to the GPA and will provide appropriate reciprocal competitive 
government procurement opportunities to United States products and 
services and suppliers of such products and services. In accordance 
with section 301(b)(1) of the Trade Agreements Act, Taiwan (known in 
the WTO as Chinese Taipei) is so designated for purposes of section 
301(a) of the Trade Agreements Act.
    2. Accordingly, beginning on July 15, 2009, with respect to 
eligible products (namely, those goods and services covered under the 
GPA for procurement by the United States) of Taiwan (known in the WTO 
as Chinese Taipei) 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 that 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 GPA and suppliers of such 
products, shall be waived. This waiver shall be applied by all entities 
listed in United States Annexes 1 and 3 of GPA Appendix 1.
    3. The Trade Representative may modify or withdraw the designation 
in paragraph 1 and the waiver in paragraph 2.

Ron Kirk,
United States Trade Representative.
[FR Doc. E9-16543 Filed 7-13-09; 8:45 am]
BILLING CODE 3190-W9-P