Asahi Seiko

Steve Poulos

General Manager

Asahi Seiko USA, Inc.

6644 Paradise Road

Las Vegas, NV 89119

 

February 25, 2009

Re: Buy America Waiver

Dear Mr. Poulos:

This letter responds to Asahi Seiko’s request for a Buy America waiver for the Model SA-595 Compact Coin Dispensing Hopper, which is manufactured in Japan for use in ticket vending machines.  For the reasons below, I have determined that a non-availability waiver is appropriate here.

With limited exceptions, the Federal Transit Administration (FTA) may not obligate funds for a project unless all iron, steel, and manufactured products used in the project are produced in the United States.[1]  Pursuant to 49 U.S.C. 5323(j)(2)(B), FTA may waive its Buy America requirements if the goods for which a waiver is requested are not produced in the United States in sufficient and reasonably available amount or are not of a satisfactory quality.[2]

On October 20, 2006, after calling for notice and comment, FTA granted a non-availability waiver to Asahi Seiko for the Model SA-595 Compact Coin Dispensing Hopper.  Consistent with FTA practice, the waiver was valid for a period of two years, or until such time as a domestic source for this type of manufactured product became available.  In more than two years time, no such domestic supplier has surfaced.  FTA takes this as evidence that the Model SA-595 or an equivalent product is not available from a domestic source.  Therefore, FTA hereby renews Asahi Seiko’s waiver for an additional two years or until such time as a domestic supplier becomes available, whichever occurs first.

If you have any questions, please contact Jayme L. Blakesley at jayme.blakesley@dot.gov or (202) 366-0304.

Sincerely,

Scott A. Biehl

Acting Chief Counsel



[1] 49 CFR 661.5(a).

[2] 49 CFR 661.7(c).

FTA renewed Asahi Seiko's Buy America waiver for the Model SA-595 Compact Coin Dispensing Hopper, which is manufactured in Japan for use in ticket vending machines.  This waiver is valid for two years or until such time as a domestic supplier becomes available, whichever occurs first. February 25, 2009