[Federal Register: April 25, 2000 (Volume 65, Number 80)]
[Rules and Regulations]               
[Page 24321-24322]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap00-13]                         

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 97-17; FAR Case 2000-003; Item III]
RIN 9000-AI73

 
Federal Acquisition Regulation; Caribbean Basin Trade Initiative

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to implement the 
determination of the United States Trade Representative (USTR) to renew 
the treatment of Caribbean Basin country end products as eligible 
products under the Trade Agreements Act, with the exception of end 
products from the Dominican Republic and Honduras.

DATES: Effective Date: April 25, 2000. Applicability Date: The FAR, as 
amended by this rule, is applicable to solicitations issued on or after 
April 25, 2000.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAC 97-17, FAR case 2000-003.

SUPPLEMENTARY INFORMATION:

A. Background

    The USTR published a notice in the Federal Register at 65 FR 9038, 
February 23, 2000, renewing the treatment of Caribbean Basin country

[[Page 24322]]

end products as eligible products under the Trade Agreements Act, with 
the exception of the end products from the Dominican Republic and 
Honduras. This rule implements that determination. The prior 
determination expired September 30, 1999, except that the determination 
regarding the end products of Panama extended until September 30, 2000.
    This rule was not subject to Office of Management and Budget review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, the Councils will 
consider comments from small entities concerning the affected FAR parts 
in accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 601, et seq. (FAC 97-17, 
FAR case 2000-003), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: April 13, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set 
forth below:
    1. The authority citation for 48 CFR parts 25 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c):

PART 25--FOREIGN ACQUISITION

    2. Revise the definition ``Caribbean Basin country'' in section 
25.003 to read as follows:


25.003  Definitions.

* * * * *
    Caribbean Basin country means any of the following countries: 
Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, British Virgin 
Islands, Costa Rica, Dominica, El Salvador, Grenada, Guatemala, Guyana, 
Haiti, Jamaica, Montserrat, Netherlands Antilles, Nicaragua, Panama, 
St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, 
Trinidad and Tobago.
* * * * *

    3. In section 25.400, revise paragraph (a)(2) to read as follows:


25.400  Scope of subpart.

    (a) * * *
    (2) The Caribbean Basin Trade Initiative (the determination of the 
U.S. Trade Representative that end products granted duty-free entry 
from countries designated by the President as beneficiaries under the 
Caribbean Basin Economic Recovery Act (19 U.S.C. 2701, et seq.), with 
the exception of the Dominican Republic and Honduras, must be treated 
as eligible products under the Trade Agreements Act);
* * * * *

    4. Revise section 25.404 to read as follows:


25.404  Caribbean Basin Trade Initiative.

    Under the Caribbean Basin Trade Initiative, the United States Trade 
Representative has determined that, for acquisitions subject to the 
Trade Agreements Act, Caribbean Basin country end products must be 
treated as eligible products. This determination is effective until 
September 30, 2000. The U.S. Trade Representative may extend these 
dates through a document in the Federal Register.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.225-5  [Amended]

    5. Amend section 52.225-5 by revising the date of the clause to 
read ``(APR 2000)''; and in paragraph (a), in the definition 
``Caribbean Basin country'', by removing ``Dominican Republic,'' and 
``Honduras,''.

[FR Doc. 00-10133 Filed 4-24-00; 8:45 am]
BILLING CODE 6820-EP-P