[Federal Register: June 11, 2010 (Volume 75, Number 112)]
[Rules and Regulations]               
[Page 33195-33196]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 252

Defense Federal Acquisition Regulation Supplement; New Designated 
Country--Taiwan--DFARS Case 2009-D010)

AGENCY: Defense Acquisition Regulations System; Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is adopting, as final, an interim rule amending the 
Defense Federal Acquisition Regulation Supplement (DFARS) to add Taiwan 
as a designated country, due to the accession of Taiwan to membership 
in the World Trade Organization Government Procurement Agreement.

DATES: Effective date: June 11, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition

[[Page 33196]]

Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, 
Room 3B855, Washington, DC 20301-3060. Telephone 703-602-0328; 
facsimile 703-602-0350. Please cite DFARS Case 2009-D022.


A. Background

    On July 15, 2009, Taiwan became a designated country under the 
World Trade Organization Government Procurement Agreement. DoD 
published an interim rule at 74 FR 61045 on November 23, 2009, that 
added Taiwan to the list of World Trade Organization Government 
Procurement Agreement countries in the trade agreement provisions and 
clauses in Part 252.
    DoD notes that being added as a ``designated country'' under trade 
agreements does not affect Taiwan's status with regard to being an 
acceptable source for specialty metals and items containing specialty 
metals. The exception to the specialty metals restrictions is only for 
specialty metals that are melted or produced in a ``qualifying 
country'' or items that contain specialty metals and are manufactured 
in a qualifying country. The qualifying countries are listed at DFARS 
225.003(10). Taiwan is not a qualifying country.
    DoD received comments from one respondent, but the comments were 
outside the scope of this case.
    This rule was 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 is not a major rule.

B. Regulatory Flexibility Act

    DoD certifies that this rule will not have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Although the rule 
opens up Government procurement to the products of Taiwan in 
acquisitions that are subject to trade agreements, DoD only applies the 
trade agreements to acquisitions of those non-defense items listed at 
DFARS 225.401-70. Acquisitions of supplies that are set aside for small 
businesses are exempt.

C. Paperwork Reduction Act

    Although the interim rule did not make any direct change to the 
provision at DFARS 252.225-7020, the addition of Taiwan as a designated 
country does affect the certification and information collection 
requirements in that provision, which is currently approved under 
Office of Management and Budget Control Number 0704-0229. DFARS 
252.225-7020(a) references the definition of ``designated country'' in 
the clause at DFARS 252.225-7021, which has been changed by this rule 
to include Taiwan. The impact, however, is negligible.

List of Subjects in 48 CFR Part 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

Accordingly, the interim rule amending 48 CFR part 252 which was 
published at 74 FR 61045 on November 23, 2009, is adopted as a final 
rule without change.

[FR Doc. 2010-14123 Filed 6-10-10; 8:45 am]