Also note that, contrary to the definition of country of origin in the TAA law, the FAR does not “completely” use the adverb when discussing where an item is extracted, manufactured or manufactured. The Trade Agreements Act (19 U.S.C. &2501-2581) of 1979 was passed to promote fair and open international trade, but more importantly, it implements the requirement that the U.S. government can only purchase finished products manufactured or designated in the United States. This means, among other things, that GSA can only acquire products manufactured and/or TAA compliant in the United States, even though they are executed under a MAS program. This requirement has again baffled many MAS contractors as to their true meaning. As a general rule, the TAA prohibits the acquisition of “products from a foreign country or another” that is not a party to the WTO Agreement or that has otherwise been “designated” by the President for the purposes of the TAA. 19 U.S.C§ 2512 (a) (1). The TAA Country of Origin Test defines “a product of a country” as: The Trade Agreements Act of 1979 (TAA), Pub.L. At the same time, products from countries that have not concluded such trade agreements are excluded from government procurement. Countries that have concluded such agreements are designated as parties to the World Trade Organization (“WTO”) agreement. . But not all countries have a free trade agreement with the United States, including, very importantly, countries like China and India.
Therefore, if a contractor offers the U.S. government a good manufactured in India, for example, that good would not comply with the TAA and the contractor would not be able to deliver that good for public procurement. The court found that the trade agreement clause defined “the final product manufactured in the United States” as “an article that is extracted, produced or manufactured in the United States or that is extensively processed in the United States.” FAR 52.225-5 (a) (highlighted only here). The court argued that, while the manufacture of the tablets essentially transformed the Indian ingredients into a new product, the definition of a compliant final product includes any product “made in the United States”, which entecavir tablets were indisputable regardless of the source of their ingredients and other components: GSA-Schedule contracts are subject to the Trade Agreements Act (TAA). This means that all products listed in the GSA Annex Contract must be manufactured or “substantially converted” in the United States or in a “country designated” by the TAA. . . .