IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: No inception date

Import-related non-tariff measure, nes

The American Recovery and Reinvestment Act (ARRA) provided funds for the U.S. states to undertake investments in clean water and drinking water. This scheme is governed by regulations issued by the Environmental Protection Agency (EPA). On 28 April 2009 the EPA issued regulations concerning assistance received under the Clean Water State Revolving Loan Fund and the Drinking Water State Revolving Fund. (The ARRA authorized $4 billion and $2 billion for these two funds, respectively.) In its implementing guidance, having stated its "foremost expectation" is that recipients of these funds use American iron, steel, and manufacturedgoods, the EPA does mention the available exceptions and allowing purchases from GPA signatories, free trade agreement partners of the U.S., and least developed countries.

The EPA also proposed a procedure whereby a waiver from the Section 1605 restrictions can be obtained. Considerable amounts of information must be provided by a party seeking a waiver. In addition, the EPA issued an extensive worksheet through which officials can evaluate waiver requests. It should be noted that these requirements must be met by all firms seeking a waiver, irrespective of nationality. Whether it is easier for U.S. firms to assemble the information necessary to meet the standards of a waiver is unclear.

The EPA further proposes that a clause relating to Section 1605 requirements be added to each contract signed for a ARRA-funded project. The EPA is recommending that each contractor attests to (a) reviewing and understanding the Buy American requirements in the ARRA, (b) that all of the iron, steel, or manufactured goods used in the contract have or will come from the United States, have been produced in the U.S. according to Buy American standards, or a waiver was obtained, and (c) that the contractor will provide any "verified information, certification, or assurance of compliance" with this clause.

The above guidance from the EPA is directed towards non-federal government officials and those firms seeking to supply goods to an ARRA-funded project, even if it is implemented by a state or city government.

So far, three waivers have been granted:
- A nationwide waiver for eligible projects for which debt was incurred on or after October 1, 2008 and before February 17, 2009 (FRL-8789-9).
- A nationwide waiver for eligible projects that solicited bids on or after October 1, 2008 and before February 17, 2009 (to be published).
- A nationwide waiver for de minimis incidental components of eligible water infrastructure projects (to be published).
 

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

362 Other rubber products
4009 Tubes, pipes and hoses, of vulcanised rubber other than hard rubber, with or without their fittings (for example, joints, elbows, flanges).
400911 Without fittings
400912 With fittings
400921 Without fittings
400922 With fittings
400931 Without fittings
400932 With fittings
400941 Without fittings
400942 With fittings
373 Refractory products & structural non-refractory clay products
3816 Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01.
381600 Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01.
375 Articles of concrete, cement & plaster
6810 Articles of cement, of concrete or of artificial stone, whether or not reinforced.
681011 Building blocks and bricks
681019 Other
681091 Prefabricated structural components for building or civil engineering
681099 Other
6811 Articles of asbestoscement, of cellulose fibrecement or the like.
681182 Other sheets, panels, tiles and similar articles
411 Basic iron & steel
7201 Pig iron and spiegeleisen in pigs, blocks or other primary forms.
720110 Nonalloy pig iron containing by weight 0.5 % or less of phosphorus
7202 Ferroalloys.
720211 Containing by weight more than 2 % of carbon
720219 Other
720221 Containing by weight more than 55 % of silicon
720229 Other
720230 Ferrosilicomanganese
720241 Containing by weight more than 4 % of carbon
720249 Other
720250 Ferrosilicochromium
720260 Ferronickel
720270 Ferromolybdenum
720280 Ferrotungsten and ferrosilicotungsten
720291 Ferrotitanium and ferrosilicotitanium
720292 Ferrovanadium
720293 Ferroniobium
720299 Other
7205 Granules and powders, of pig iron, spiegeleisen, iron or steel.
720510 Granules
720521 Of alloy steel
720529 Other
7207 Semifinished products of iron or nonalloy steel.
720711 Of rectangular (including square) crosssection, the width measuring less than twice the thickness
720712 Other, of rectangular (other than square) crosssection
720719 Other
720720 Containing by weight 0.25 % or more of carbon
412 Products of iron or steel
7208 Flatrolled products of iron or nonalloy steel, of a width of 600 mm or more, hotrolled, not clad, plated or coated.
720810 In coils, not further worked than hotrolled, with patterns in relief
720825 Of a thickness of 4.75 mm or more
720826 Of a thickness of 3 mm or more but less than 4.75 mm
720827 Of a thickness of less than 3 mm
720836 Of a thickness exceeding 10 mm
720837 Of a thickness of 4.75 mm or more but not exceeding 10 mm
720838 Of a thickness of 3 mm or more but less than 4.75 mm
720839 Of a thickness of less than 3 mm
720840 Not in coils, not further worked than hotrolled, with patterns in relief
720851 Of a thickness exceeding 10 mm
720852 Of a thickness of 4.75 mm or more but not exceeding 10 mm
720853 Of a thickness of 3 mm or more but less than 4.75 mm
720854 Of a thickness of less than 3 mm
720890 Other
7209 Flatrolled products of iron or nonalloy steel, of a width of 600 mm or more, coldrolled (coldreduced), not clad, plated or coated.
720915 Of a thickness of 3 mm or more
720916 Of a thickness exceeding 1 mm but less than 3 mm
720917 Of a thickness of 0.5 mm or more but not exceeding 1 mm
720918 Of a thickness of less than 0.5 mm
720926 Of a thickness exceeding 1 mm but less than 3 mm
720927 Of a thickness of 0.5 mm or more but not exceeding 1 mm
7210 Flatrolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated.
721011 Of a thickness of 0.5 mm or more
721012 Of a thickness of less than 0.5 mm
721030 Electrolytically plated or coated with zinc
721049 Other
721050 Plated or coated with chromium oxides or with chromium and chromium oxides
721061 Plated or coated with aluminiumzinc alloys
721070 Painted, varnished or coated with plastics
721090 Other
7211 Flatrolled products of iron or nonalloy steel, of a width of less than 600 mm, not clad, plated or coated.
721113 Rolled on four faces or in a closed box pass, of a width exceeding 150 mm and a thickness of not less than 4 mm, not in coils and without patterns in relief
721114 Other, of a thickness of 4.75 mm or more
721119 Other
721123 Containing by weight less than 0.25 % of carbon
721129 Other
721190 Other
7212 Flatrolled products of iron or nonalloy steel, of a width of less than 600 mm, clad, plated or coated.
721210 Plated or coated with tin
721220 Electrolytically plated or coated with zinc
721230 Otherwise plated or coated with zinc
721240 Painted, varnished or coated with plastics
721250 Otherwise plated or coated
7213 Bars and rods, hotrolled, in irregularly wound coils, of iron or nonalloy steel.
721310 Containing indentations, ribs, grooves or other deformations produced during the rolling process
721320 Other, of freecutting steel
721391 Of circular crosssection measuring less than 14 mm in diameter
721399 Other
7214 Other bars and rods of iron or nonalloy steel, not further worked than forged, hotrolled, hotdrawn or hotextruded, but including those twisted after rolling.
721410 Forged
721420 Containing indentations, ribs, grooves or other deformations produced during the rolling process or twisted after rolling
721430 Other, of freecutting steel
721491 Of rectangular (other than square) crosssection
721499 Other
7215 Other bars and rods of iron or nonalloy steel.
721510 Of freecutting steel, not further worked than coldformed or cold finished
721550 Other, not further worked than coldformed or coldfinished
721590 Other
7216 Angles, shapes and sections of iron or nonalloy steel.
721610 U, I or H sections, not further worked than hotrolled, hotdrawn or extruded, of a height of less than 80 mm
721621 L sections
721631 U sections
721632 I sections
721633 H sections
721640 L or T sections, not further worked than hotrolled, hotdrawn or extruded, of a height of 80 mm or more
721650 Other angles, shapes and sections, not further worked than hot rolled, hotdrawn or extruded
721661 Obtained from flatrolled products
721669 Other
721691 Coldformed or coldfinished from flatrolled products
721699 Other
7217 Wire of iron or nonalloy steel.
721710 Not plated or coated, whether or not polished
721720 Plated or coated with zinc
721730 Plated or coated with other base metals
721790 Other
7219 Flatrolled products of stainless steel, of a width of 600 mm or more.
721911 Of a thickness exceeding 10 mm
721912 Of a thickness of 4.75 mm or more but not exceeding 10 mm
721913 Of a thickness of 3 mm or more but less than 4.75 mm
721914 Of a thickness of less than 3 mm
721921 Of a thickness exceeding 10 mm
721922 Of a thickness of 4.75 mm or more but not exceeding 10 mm
721923 Of a thickness of 3 mm or more but less than 4.75 mm
721931 Of a thickness of 4.75 mm or more
721932 Of a thickness of 3 mm or more but less than 4.75 mm
721933 Of a thickness exceeding 1 mm but less than 3 mm
721934 Of a thickness of 0.5 mm or more but not exceeding 1 mm
721935 Of a thickness of less than 0.5 mm
721990 Other
7220 Flatrolled products of stainless steel, of a width of less than 600 mm.
722011 Of a thickness of 4.75 mm or more
722012 Of a thickness of less than 4.75 mm
722020 Not further worked than coldrolled (coldreduced)
722090 Other
7221 Bars and rods, hotrolled, in irregularly wound coils, of stainless steel.
722100 Bars and rods, hotrolled, in irregularly wound coils, of stainless steel.
7223 Wire of stainless steel.
722300 Wire of stainless steel.
7225 Flatrolled products of other alloy steel, of a width of 600 mm or more.
722511 Grainoriented
722519 Other
722530 Other, not further worked than hotrolled, in coils
722540 Other, not further worked than hotrolled, not in coils
722550 Other, not further worked than coldrolled (coldreduced)
722591 Electrolytically plated or coated with zinc
722592 Otherwise plated or coated with zinc
722599 Other
7226 Flatrolled products of other alloy steel, of a width of less than 600 mm.
722611 Grainoriented
722619 Other
722620 Of high speed steel
722691 Not further worked than hotrolled
722692 Not further worked than coldrolled (coldreduced)
722699 Other
7227 Bars and rods, hotrolled, in irregularly wound coils, of other alloy steel.
722710 Of high speed steel
722720 Of silicomanganese steel
722790 Other
7229 Wire of other alloy steel.
722920 Of silicomanganese steel
722990 Other

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