FAR 52.225-5 (a) (added). Note that, unlike the BAA, the TAA and its implementation clause do not require an analysis of the country of origin of the elements of a product article. Also note that, contrary to the country of origin definition in the TAA legislation, the FAR does not use the adverb “completely” when discussing where an item is mined, manufactured or manufactured. The list below was extracted from the Federal Acquisition Regulation (FAR) and was last updated in November 2016 with the inclusion of Moldova and Ukraine and is up to date from June 2020. To access this FAR clause directly, please click here: Federal Acquisition Regulation (FAR) 52.225-5, Trade Agreements. The FAR transposes the TAA into the regulations and harmonizes it with the BAA. As is the case here, the FAR trade agreement clause provides that a contractor “provides under that contract only end-of-country products manufactured or designated by the United States.” FAR 52.225-5 (b). The FAR defines “final product of the United States” as: (b) the supply of finished products. The contract agent found that the WTO ACCORD and free trade AGREEMENTs apply to this acquisition. Unless otherwise stated, these trade agreements apply to all items in the calendar. Under this contract, the supplier only supplies finished products manufactured or designated in the United States, unless its offer indicates the delivery of other finished products in the “commercial contract certificate” provision. But not all countries have a free trade agreement with the United States, including, most importantly, countries like China and India. Therefore, if a business supplier offers the U.S.

government a commodity manufactured in India, for example, that property would not be in compliance with the TAA and the contractor would not be able to supply it to public procurement. In addition to the FAR clause on trade agreements, the government argued that the tablets were not compliant because they are not “fully” manufactured in the United States, and that the manufacture of the final tablets in New Jersey did not “substantially” transform the Indian active ingredient into a new product. This argument required the government to read the “full” adverb of the country of origin`s legal test, if it exists, in the TERMS agreements clause of the FAR, as long as it does not exist. The adverb “complete” also does not exist in the BAA or its regulatory implementation. The Court found that the “finished product manufactured in the United States” clause is defined as “an item that is extracted, produced or produced in the United States or that is significantly modified in the United States.” FAR 52.225-5 (a) (added). The Court justified this decision by the fact that, regardless of the fact that the manufacture of the tablets significantly transformed Indian ingredients into a new product, the definition of a compliant final product included each product “made in the United States” and that entecavir tablets were indisputable, regardless of the source of their ingredients and other ingredients: what is the key to take away? If the TAA applies to your contract, you can deliver a finished product manufactured in the United States, if it is manufactured only in the United States, even if the components are manufactured abroad. The product does not need to be manufactured entirely in the United States and it does not need to be processed significantly in the United States. In other words, in accordance with the FAR TAA clause and for the purposes of a finished product manufactured in the United States, manufacturing does not require substantial processing.

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