19 U.S.C. § 2518 — Definitions
submitted 47 years ago by Pub. L. 96-39 to r/title-19-CUSTOMS-DUTIES · 908 words · no verdicts yet
This section defines terms used in the procurement subchapter, including the Agreement, civil aircraft, eligible products, instrumentality, least developed country, and major industrial country.
As used in this subchapter—
(1) Agreement. “Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to Congress, including rectifications, modifications, and amendments accepted by the United States.
(2) Civil aircraft. “Civil aircraft and related articles” means (A) every aircraft except one bought for Department of Defense or Coast Guard use; (B) its engines and parts and components for those engines; (C) other parts, components, and subassemblies for installation in the aircraft; and (D) ground flight simulators and their parts and components for use with the aircraft. This applies whether the items are bought as original or replacement equipment for making, repairing, maintaining, rebuilding, modifying, or converting the aircraft, and whether the aircraft or articles receive duty-free treatment under section 601(a)(2).
(3) Developed countries. “Developed countries” means countries the President designates as developed.
(4) Eligible product. (A) In general. For a foreign country or instrumentality, “eligible product” means a product or service covered for United States procurement under the applicable agreement when the country or instrumentality is (i) an Agreement party; (ii) Mexico as a party to the USMCA, as defined in section 4502 of this title; (iii) a party to a free-trade agreement that took effect for the United States after December 31, 2003, and before January 2, 2005; (iv) a party to the Dominican Republic-Central America-United States Free Trade Agreement; (v) a party to a free-trade agreement that took effect after December 31, 2005, and before July 2, 2006; (vi) a party to the United States-Oman Free Trade Agreement; (vii) a party to the United States-Peru Trade Promotion Agreement; (viii) a party to the United States-Korea Free Trade Agreement; (ix) a party to the United States-Colombia Trade Promotion Agreement; or (x) a party to the United States-Panama Trade Promotion Agreement.
(B) Rule of origin. An article is a country's or instrumentality's product only if (i) that country or instrumentality wholly grew, produced, or manufactured it, or (ii) if it contains materials from elsewhere, it was substantially transformed there into a new and different commercial article with a different name, character, or use.
(C) Israel threshold. “Eligible product” includes an Israeli product or service for which the United States must waive Buy National restrictions under (i) the United States-Israel free-trade-area agreement, regardless of that Agreement's thresholds, or (ii) a later United States-Israel agreement that reciprocally lowers the applicable threshold for entities covered by the Agreement.
(D) Canada threshold. Unless the United States and Canada otherwise agree under article 1304, paragraph 3 of their Free-Trade Agreement, “eligible product” includes a Canadian product or service with a contract value of at least $25,000 that would be covered for United States procurement under the Agreement but for the Agreement's thresholds.
(5) Instrumentality. “Instrumentality” does not include a country's government agency or division, but may include arrangements such as the European Economic Community.
(6) Least developed country. “Least developed country” means a country on the United Nations General Assembly's list of least developed countries.
(7) Major industrial country. “Major industrial country” means a country defined that way in section 2136 and any instrumentality of that country.
As used in this subchapter—
The term “Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States.
The term “civil aircraft and related articles” means—
all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;
the engines (and parts and components for incorporation therein) of such aircraft;
any other parts, components, and subassemblies for incorporation in such aircraft; and
any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,
whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section 601(a)(2).
The term “developed countries” means countries so designated by the President.
The term “eligible product” means, with respect to any foreign country or instrumentality that is—
a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;
Mexico, as a party to the USMCA (as defined in section 4502 of this title), a product or service of that country or instrumentality which is covered under the USMCA for procurement by the United States;
a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;
a party to the United States–Korea Free Trade Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;
a party to the United States–Colombia Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or
a party to the United States–Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States.
An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.
The term “eligible product” includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under—
the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or
any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.
Except as otherwise agreed by the United States and Canada under paragraph 3 of article 1304 of the United States-Canada Free-Trade Agreement, the term “eligible product” includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.
The term “instrumentality” shall not be construed to include an agency or division of the government of a country, but may be construed to include such arrangements as the European Economic Community.
The term “least developed country” means any country on the United Nations General Assembly list of least developed countries.
The term “major industrial country” means any such country as defined in section 2136 of this title and any instrumentality of such a country.
Source credit: (Pub. L. 96–39, title III, § 308, July 26, 1979, 93 Stat. 241; Pub. L. 99–47, § 7, June 11, 1985, 99 Stat. 84; Pub. L. 100–449, title III, § 306, Sept. 28, 1988, 102 Stat. 1876; Pub. L. 103–182, title III, § 381(c), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103–465, title III, § 342(f), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104–295, § 20(c)(12), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 108–286, title IV, § 401, Aug. 3, 2004, 118 Stat. 950; Pub. L. 109–53, title IV, § 401, Aug. 2, 2005, 119 Stat. 495; Pub. L. 109–169, title IV, § 401, Jan. 11, 2006, 119 Stat. 3599; Pub. L. 109–283, title IV, § 401, Sept. 26, 2006, 120 Stat. 1209; Pub. L. 110–138, title IV, § 401, Dec. 14, 2007, 121 Stat. 1486; Pub. L. 112–41, title IV, § 401, Oct. 21, 2011, 125 Stat. 459; Pub. L. 112–42, title IV, § 401, Oct. 21, 2011, 125 Stat. 494; Pub. L. 112–43, title IV, § 401, Oct. 21, 2011, 125 Stat. 529; Pub. L. 116–113, title V, § 505(b), Jan. 29, 2020, 134 Stat. 77.)
- 1979Enacted · Pub. L. 96-39 · 93 Stat. 241
- 1985Amended · Pub. L. 99-47 · 99 Stat. 84
- 1988Amended · Pub. L. 100-449 · 102 Stat. 1876
- 1993Amended · Pub. L. 103-182 · 107 Stat. 2129
- 1994Amended · Pub. L. 103-465 · 108 Stat. 4953
- 1996Amended · Pub. L. 104-295 · 110 Stat. 3528
- 2004Amended · Pub. L. 108-286 · 118 Stat. 950
- 2005Amended · Pub. L. 109-53 · 119 Stat. 495
- 2006Amended · Pub. L. 109-169 · 119 Stat. 3599
- 2006Amended · Pub. L. 109-283 · 120 Stat. 1209
- 2007Amended · Pub. L. 110-138 · 121 Stat. 1486
- 2011Amended · Pub. L. 112-41 · 125 Stat. 459
- 2011Amended · Pub. L. 112-42 · 125 Stat. 494
- 2011Amended · Pub. L. 112-43 · 125 Stat. 529
- 2020Amended · Pub. L. 116-113 · 134 Stat. 77
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-39 on 1979-07-26.
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