IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

firm-specific

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 21 Jun 2010 | Removal date: 20 Dec 2011
Still in force

Public procurement localisation

In a series of Federal Register notices the Federal Transit Administration (FTA) announced a shifting set of decisions with respect to the application of Buy-American rules to purchases of minivans.
 
On June 21, 2010 (Vol. 75, No. 118), the FTA stated that in response to formal requests from El Dorado National, Kansas, and Chrysler Group LLC, and informal requests from several other parties, and based on the fact that no manufacturer identified itself as willing and able to supply minivans or minivan chassis that are assembled in the United States, the FTA waived its Buy America final assembly requirement for minivans and minivan chassis. It noted then that the waiver was valid until such time as a domestic source becomes available.
 
In a December 3, 2012 notice (Vol. 77, No. 232), however, the FTA rescinded the waiver. It did so after confirming that the Vehicle Production Group (VPG) had started producing a substantially similar vehicle, the MV-1, in the United States; VPG had petitioned the FTA to rescind the non-availability waiver.
 
The most recent decision came on November 27, 2013 (Vol. 78, No. 229) in response to North Front Range Metropolitan Planning Organization's (NFRMPO) request for a Buy America waiver for minivans based upon non-availability. In this instance the FTA waived its Buy America final assembly requirement for NFRMPO's procurement of minivans for NFRMPO's vanpool program. This waiver is limited to a single purchase not to exceed 25 seven-passenger vehicles to take place no later than December 31, 2014.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

491 Motor vehicles, trailers & semi-trailers; parts
8703 Motor cars and other motor vehicles principally designed for the transport of persons (other than those of heading 87.02), including station wagons and racing cars.
870310 Vehicles specially designed for travelling on snow; golf cars and similar vehicles
870321 Of a cylinder capacity not exceeding 1,000 cc
870322 Of a cylinder capacity exceeding 1,000 cc but not exceeding 1,500 cc
870323 Of a cylinder capacity exceeding 1,500 cc but not exceeding 3,000 cc
870324 Of a cylinder capacity exceeding 3,000 cc
870332 Of a cylinder capacity exceeding 1,500 cc but not exceeding 2,500 cc
870333 Of a cylinder capacity exceeding 2,500 cc
870390 Other

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