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American Institute for Imported Steel, Inc. v. County of Erie. 58 Misc. 2d 1059, 297 N.Y.S 2d 602

Published online by Cambridge University Press:  28 March 2017

Alona E. Evans
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Abstract

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Type
Judicial Decisions
Information
American Journal of International Law , Volume 64 , Issue 2 , April 1970 , pp. 412 - 413
Copyright
Copyright © American Society of International Law 1970

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References

1 The resolution provided: “RESOLVED, That the Contract Documents, for each Capital Improvement Project of the County of Erie, hereafter awarded shall provide that, if any structural steel, reinforcing bars, steel piling or other construction steel items are to be incorporated in the Project, only steel made in Mills located in the United States, shall be supplied for such purposes in the performance of the Contract or any Sub-contracts thereunder. In the event the Commissioner of Public Works determines that any aforementioned steel products are not available from Mills located in the United States, due to labor conditions, he may except such steel products from this requirement.” Quoted by court, 297 N.Y.S.2d 602 at 604.

2 T.I.A.S., No. 1700.

3 297 N.Y.S.2d 602 at 607. “Art. 111(2): The products of the territory of any contracting party imported into the territory of any other contracting party shall be accorded treatment no less favorable than that accorded to like products of national origin in respect of all laws, regulations and requirements affecting their internal sale, offering for sale, purchase, transportation, distribution or use. “Art. 111(5): The provisions of this Article shall not apply to the procurement by governmental agencies of products purchased for governmental purposes and not for resale or use in the production of goods for sale.” Quoted by court, ibid.606-607.

4 Ibid. 609.

5 Quoted, ibid.