[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Presidential Documents]
[Page 57357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28763]


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  Federal Register / Vol. 66, No. 221 / Thursday, November 15, 2001 / 
Presidential Documents  

[[Page 57357]]


                Memorandum of November 9, 2001

                
Determinations Under Section 1106(a) of the 
                Omnibus Trade and Competitiveness Act of 1988--People's 
                Republic of China

                Memorandum for the United States Trade Representative

                Pursuant to section 1106(a) of the Omnibus Trade and 
                Competitiveness Act of 1988, (19 U.S.C. 2905(a)), I 
                determine that state trading enterprises account for a 
                significant share of the exports of the People's 
                Republic of China (China) and goods that compete with 
                imports into China. I further determine that such state 
                trading enterprises unduly burden and restrict, or 
                adversely affect, the foreign trade of the United 
                States or the United States economy, or are likely to 
                result in such a burden, restriction, or effect.

                China is seeking to become a member of the World Trade 
                Organization (WTO). The terms and conditions for 
                China's accession to the WTO include China's 
                commitments that it will ensure that all state-owned 
                and state-invested enterprises will make purchases and 
                sales based solely on commercial considerations, such 
                as price, quality, marketability, and availability, and 
                that U.S. business firms will have an adequate 
                opportunity to compete for sales to and purchases from 
                these enterprises on nondiscriminatory terms and 
                conditions. In addition, the Government of China will 
                not influence, directly or indirectly, commercial 
                decisions on the part of state-owned or state-invested 
                enterprises, including on the quantity, value, or 
                country of origin of any goods purchased or sold, 
                except in a manner consistent with the Marrakesh 
                Agreement Establishing the World Trade Organization 
                (WTO Agreement). China has also confirmed that state 
                trading enterprises will make purchases that are not 
                for government use. The obligations that China will 
                assume under the WTO Agreement, including China's 
                protocol of accession, meet the requirements of section 
                1106(b)(2)(A), (19 U.S.C. 2905(b)(2)(A)), and thus my 
                determinations under section 1106(a) do not require 
                invocation of the nonapplication provisions of the WTO 
                Agreement.

                You are directed to publish this memorandum in the 
                Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, November 9, 2001.

[FR Doc. 01-28763
Filed 11-14-01; 8:45 am]
Billing code 3190-01-M