Page:United States Statutes at Large Volume 93.djvu/268

 93 STAT. 236

PUBLIC LAW 96-39—JULY 26, 1979 (1) the chemical or product was not valued for customs purposes on the basis of American selling price upon entry into the United States during a period determined by the Commission to be representative, and (2) a rate of duty provided for in such subparts, other than the rate of duty that would apply but for this section, is more appropriate and representative for such chemical or product. TITLE III—GOVERNMENT PROCUREMENT SEC. 301. GENERAL AUTHORITY TO MODIFY DISCRIMINATORY PURCHASING REQUIREMENTS.

19 USC 2511.

(a)

PRESIDENTIAL

WAIVER

OF

DISCRIMINATORY

PURCHASING

REQUIREMENTS.—The President may waive, in whole or in part, with respect to eligible products of any foreign country or instrumentality designated under subsection (b), 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— (1) to United States products and suppliers of such products; or (2) to eligible products of another foreign country or instrumentality which is a party to the Agreement and suppliers of such products. (b) DESIGNATION OF ELIGIBLE COUNTRIES AND INSTRUMENTALITIES.—

The President may designate a foreign country or instrumentality for purposes of subsection (a) only if he determines that such country or instrumentality— (1) is a country or instrumentality which (A) has become a party to the Agreement, and (B) will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products; (2) is a country or instrumentality, other than a major industrial country, which (A) will otherwise assume the obligations of the Agreement, and (B) will provide such opportunities to such products and suppliers; (3) is a country or instrumentality, other than a major industrial country, which will provide such opportunities to such products and suppliers; or (4) is a least developed country. (c) MODIFICATION OR WITHDRAWAL OF WAIVERS AND DESIGNA-

TIONS.—The President may modify or withdraw any waiver granted pursuant to subsection (a) or designation made pursuant to subsection (b). SEC. 302. AUTHORITY TO ENCOURAGE RECIPROCAL COMPETITIVE PROCUREMENT PRACTICES. 19 USC 2512.

(a) AUTHORITY TO BAR PROCUREMENT FROM NON-DESIGNATED COUN-

TRIES.—With respect to procurement covered by the Agreement, the President, in order to encourage additional countries to become parties to the Agreement and to provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products— (1) shall prohibit the procurement, after the date on which any waiver under section 301(a) first takes effect, of products (A) which are products of a foreign country or instrumentality which is not designated pursuant to section 301(b), and (B) which would otherwise be eligible products; and (2) may take such other actions within his authority as he deems necessary.

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