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: 19 Apr 2016 | Removal date: open ended
Still in force

Public procurement localisation

In a Federal Register notice (Volume 81, Number 75) published on April 19, 2016, the Federal Transit Administration (FTA) of the U.S. Department of Transportation waived the Buy American rules for a specific transaction. At issue was a request from the Indianapolis Public Transportation Corporation (IPTC) for a Buy America non-availability waiver for the procurement of a horizontal lifeline fall protection maintenance tie back system (i.e., a safety device designed to prevent injuries to workmen).
 
With certain exceptions, FTA's Buy America requirements (codified at 49 U.S.C. 5323(j)(1)) prevent FTA from obligating an amount that may be appropriated to carry out its program for a project unless 'the steel, iron, and manufactured goods used in the project are produced in the United States.' The FTA granted this request, finding that the materials for which the waiver is requested are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality.
 
This waiver is limited to a single procurement by IPTC for the system. The waiver was effective immediately. No value or specific foreign supplier is identified in the waiver; the affected trading partners include the major suppliers in this category of goods.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

442 Machine-tools & parts
8479 Machines and mechanical appliances having individual functions, not specified or included elsewhere in this Chapter.
847930 Presses for the manufacture of particle board or fibre building board of wood or other ligneous materials and other machinery for treating wood or cork
444 Machinery for mining, quarrying & construction; parts
8479 Machines and mechanical appliances having individual functions, not specified or included elsewhere in this Chapter.
847910 Machinery for public works, building or the like
445 Machinery for food, beverage & tobacco processing; parts
8479 Machines and mechanical appliances having individual functions, not specified or included elsewhere in this Chapter.
847920 Machinery for the extraction or preparation of animal or fixed vegetable fats or oils
449 Other special-purpose machinery & parts
8479 Machines and mechanical appliances having individual functions, not specified or included elsewhere in this Chapter.
847940 Rope or cablemaking machines
847950 Industrial robots, not elsewhere specified or included
847960 Evaporative air coolers
847979 Other
847981 For treating metal, including electric wire coilwinders
847982 Mixing, kneading, crushing, grinding, screening, sifting, homogenising, emulsifying or stirring machines
847989 Other
847990 Parts

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