The Trade Agreements Act of 1979 (TAA), Pub.L. 96-39, 93 Stat. 144, adopted on July 26, 1979, codified on July 19. C ch. 13 (19 U.S.C. It outlined the modalities for the implementation of the Tokyo round of the General Agreement on Tariffs and Trade. Before entering the case, a little background on the Trade Agreements Act (TAA). If the TAA applies to a U.S. government contract, the contractor can supply a product from a foreign country if that country has a free trade agreement with the United States. In other words, the U.S. government will not discriminate 20/10 on the products of its free trade partners when it buys supplies in certain circumstances (for example. B the contract is above the TAA application threshold). The second of these statutes is the TAA.
The TAA should encourage foreign countries to enter into reciprocal trade agreements on public procurement. These agreements prohibit foreign products from discriminating against U.S.-made products and prohibit the United States from discriminating against foreign products. Under the statute, countries that have such agreements and do not discriminate against U.S. educational products may, on non-discriminatory terms, be competing with the U.S. government. At the same time, products from countries that do not have such trade agreements are excluded from public 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, 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. Final product from the United States: an item that is extracted, produced or produced in the United States or that, in the United States, is essentially transformed into a new and other commercial article, with a name, character or use different from that of the article or article from which it was processed. GSA calendar contracts are governed by the Trade Agreements Act (TAA), i.e. all products listed in the GSA calendar contract must be manufactured or « essentially processed » in the United States or in a country designated by the AAA. Designated countries meet: later, the VA launched a new application for entecavir tablets and Acretis criticized – in the Federal Court of Claims – VA`s appeal to the previous CBP decision that its tablets were products of India. The court ruled in Acretis` favour and found that the tablets were manufactured at the Acretis plant in New Jersey and that VA`s interpretation of TAA and its VA enforcement rules was incorrect. | Follow us on Google or Twitter for TAA – GovCon | The TAA generally prohibits the purchase of « foreign or instrumental products » that are not parties to the WTO agreement or that are « designated » by the President for the purposes of the TAA. 19 U.S.C No.
2512 (a) (1). The TAA country of origin test defines « a product of a country » as follows: during the execution of a previous contract, the VA « required » that one of its products, including entecavir, be applied to some of its products, in accordance with its provision, because the VA was informed that the company could supply non-TAA-compliant drugs, as required by its contract. As a result of its long-standing practice, CBP found that entecavir was a product of India, as the active substance of the drug was produced in India and there would have been no substantial transformation in the United States.