Page:United States Statutes at Large Volume 101 Part 3.djvu/208

 101 STAT. 1506

PUBLIC LAW 100-223—DEC. 30, 1987

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"(B) products of the same class or kind as such product or service are not produced or offered in the United States, or in any foreign country that is not listed under subsection (c), in sufficient and reasonably available quantities and of a satisfactory quality, or "(C) exclusion of such product or service from the project would increase the cost of the overall project contract by more than 20 percent.

"(b) DETERMINATIONS.—

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"(1) DEADLINE.—By no later than the date which is 30 days after the date on which each report is submitted to the Congress under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the United States Trade Representative shall make a determination with respect to each foreign country of whether or not such foreign country— "(A) denies fair and equitable market opportunities for products and suppliers of the United States in procurement, or "(B) denies fair and equitable market opportunities for United States bidders, for construction projects that cost more than $500,000 and are funded (in whole or in part) by the government of such foreign country, "(2) INFORMATION CONSIDERED.—In making

determinations

under paragraph (1), the United States Trade Representative shall take into account information obtained in preparing the report submitted under section 181 of the Trade Act of 1974 and such other information as the United States Trade Representative considers to be relevant. •iq'^

Federal Register, publication.

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"(c) LISTING OF FOREIGN COUNTRIES.— "(1) GENERAL RULE.—The United

States Trade Representative shall maintain a list of each foreign country with respect to which an affirmative determination is made under subsection (b). "(2) REMOVAL FROM LIST.—Any foreign country that is added to the list maintained under paragraph (1) shall remain on the list until the United States Trade Representative determines that such foreign country does permit the fair and equitable market opportunities described in subparagraphs (A) and (B) of subsection (b)(1). "(3) PUBLICATION.—The United States Trade Representative shall annually publish in the Federal Register the entire list required under paragraph (1) and shall publish in the Federal Register any modifications to such list that are made between annual publications of the entire list.

"(d) SPECIAL RULES.—

"(1) For purposes of this section, each foreign instrumentality, and each territory or possession of a foreign country, that is administered separately for customs purposes shall be treated as a separate foreign country. "(2) For purposes of this section, any article that is produced or manufactured (in whole or in substantial part) in a foreign country shall be considered to be a product of such foreign country. "(3) For purposes of this section, any service provided by a person that is a national of a foreign country, or is controlled by

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