Many federal contracts are governed by a wide range of national preferential regimes – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment and the Cargo Preference Act, to name a few. In Acetris Health, LLC v. United States, the Court of Appeals for the Federal Circuit recently dismissed a government appeal and clarified the test to determine whether a drug – or other product – complies with the ATA. This important decision is at odds with CBP`s long-standing analytical approach to drugs, as well as the Department of Veterans Affairs (VA)`s call to discontinue CBP`s acquisition by the Confederation. 19 U.S.C No. 2518 (4) (B) (added). While the finding that an article is the “product” of an und designated foreign country generally prevents the government from obtaining it, the law does not require the government to have an article a “product” of the United States or a country designated as a precondition for obtaining that section. 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 implemented the requirement that the U.S. government only buy finished manufactured products or certain finished products. This means, in particular, that, under a MAS program, GSA can only purchase products that are compliant in the United States and/or compliant with the TAA. This requirement has always baffled many MAS contract holders as to their actual meaning.
We know that GSA contractors must follow many rules and regulations throughout their contract. For any questions, advice and advice on compliance and non-compliance with TAA, contact Winvale for professional services to speed up your government chances. Where the TAA applies, the law and the terms of application prohibit agencies from purchasing products or services that do not originate in the United States or from a “designated country” that has a free trade agreement with the United States. While the list of “designated countries” includes a wide range of countries that are parties to various free trade agreements – including the World Trade Organization (WTO) Public Procurement Agreement (GPA) and some bilateral trade agreements between the United States and individual countries – there are a number of countries (including China and India, two notable examples) that are not “designated countries” for TAA purposes. In pre-trial detention, the Court of Auditors should declare that ,1) a drug manufactured in India with [active pharmaceutical ingredients] does not become the “product” of India because of this fact; and (2) Under the FAR, the term “final product of the United States” may include products manufactured in the United States and manufactured in another country using [active pharmaceutical ingredients]. The Court of Claims should also refrain from excluding products manufactured in Aurolifes Dayton, New Jersey, from future purchases. The Court also rejected the government`s argument (which reiterated CBP`s finding) that the protester`s entecavir tablets were products of India, as they were the country of origin of the tablets` pharmaceutical active ingredient. The Court said that the product in question – and the only thing regulated by the TAA – was “the pill itself” and not the various components of the pill. The tablet itself was not a “product of India” because the tablet is not “quite the . . . Manufacturing” From India, it has not been “substantially transformed” in India, as provided for by the TAA test in the country of origin.
19 U.S.C No. 2518 (4) (B). Since the legal review of the country of origin is only in the negative prohibition of the purchase of products from an undignified country, but also that the product must be determined as a product of the United States or another designated country, the law has established that the law does not prohibit the product of the protester: “Since the TAA does not exclude products from public purchase only if they are “products” from a foreign country such as India, the TAA does not prohibit the purchase of Acetris products.” The United States is a signatory to the World Trade Organization`s public procurement agreement.