[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]]


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Part X





Office of the United States Trade Representative





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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