Federal Register - August 30, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules
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a construction material manufactured in the United States if the cost of iron and steel not produced in the United States excluding fasteners as estimated in good faith by the contractor, constitutes less than 5 percent of the cost of all the components used in such construction material produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, except metallurgical processes involving refinement of steel additives. The cost of iron and steel not produced in the United States includes but is not limited to the cost of iron or steel mill products such as bar, billet, slab, wire, plate, or sheet, castings, or forgings, not produced in the United States, utilized in the manufacture of the end product and a good faith estimate of the cost of all iron or steel components not produced in the United States, excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the explanation of cost of components in paragraph 1iiA of this definition.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50
percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products such as bar, billet, slab, wire, plate, or sheet, castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
Alternate I.
a
Domestic construction material means 1 For construction material that does not consist wholly or predominantly of iron or steel or a combination of both i An unmanufactured construction material mined or produced in the United States; or ii A construction material manufactured in the United States, if A The cost of its components mined, produced, or manufactured in the United States exceeds 55 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic. Components of
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unknown origin are treated as foreign;
or B The construction material is a COTS item; or 2 For construction material that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the United States if the cost of iron or steel not produced in the United States excluding fasteners as estimated in good faith by the contractor, constitutes less than 5 percent of the cost of all the components used in such construction material produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, except metallurgical processes involving refinement of steel additives. The cost of iron and steel not produced in the United States includes but is not limited to the cost of iron or steel mill products such as bar, billet, slab, wire, plate, or sheet, castings, or forgings, not produced in the United States, utilized in the manufacture of the construction material and a good faith estimate of the cost of all iron or steel components not produced in the United States, excluding COTS
fasteners. Iron or steel components of unknown origin are treated as foreign. If the construction material contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the explanation of cost of components in paragraph 1iiA of this definition.
Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50
percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products such as bar, billet, slab, wire, plate, or sheet, castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.
Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.
9. Amend section 252.2257045 by a. Removing the clause date of AUG
2019 and adding DATE in its place.
b. In paragraph a i. In the definition of Caribbean Basin country construction material, redesignating paragraphs i and ii as paragraphs 1 and 2, respectively;
ii. In the definition of Commercially available off-the-shelf COTS item,
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redesignating paragraphs i introductory text, iA, B, and C, and ii as paragraphs 1 introductory text, 1i, ii, and iii, and 2, respectively;
iii. In the definition of Cost of components, redesignating paragraphs i and ii as paragraphs 1 and 2, respectively;
iv. In the definition of Designated country, redesignating paragraphs i, ii, iii, and iv as paragraphs 1, 2, 3, and 4, respectively;
v. Revising the definition of Domestic construction material;
vi. In the definitions of Free Trade Agreement country construction material and Least developed country construction material, redesignating paragraphs i and ii as paragraphs 1
and 2, respectively;
vii. Adding, in alphabetical order, the definitions of Predominantly of iron or steel or a combination of both and Steel; and viii. In the definition of WTO GPA
country construction material, redesignating paragraphs i and ii as paragraphs 1 and 2, respectively.
c. In Alternate I
i. Removing the clause date of AUG
2019 and adding DATE in its place; and ii. In paragraph a A. In the definitions of Bahrainian or Mexican construction material and Caribbean Basin country construction material, redesignating paragraphs i and ii as paragraphs 1 and 2, respectively;
B. In the definition of Commercially available off-the-shelf COTS item, redesignating paragraphs i introductory text, iA, B, and C, and ii as paragraphs 1 introductory text, 1i, ii, and iii, and 2, respectively;
C. In the definition of Cost of components, redesignating paragraphs i and ii as paragraphs 1 and 2, respectively;
D. In the definition of Designated country, redesignating paragraphs i, ii, iii, and iv as paragraphs 1, 2, 3, and 4, respectively;
E. Revising the definition of Domestic construction material;
F. In the definition of Free Trade Agreement country construction material and Least developed country construction material, redesignating paragraphs i and ii as paragraphs 1
and 2, respectively;
G. Adding, in alphabetical order, the definitions of Predominantly of iron or steel or a combination of both and Steel; and H. In the definition of WTO GPA
country construction material,
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