Trade Agreements Act

The Trade Agreements Act 1979 (TAA), Pub.L. 96-39, 93 Stat. 144, promulgated July 26, 1979, codified as 19 U.S.C ch. 13 (19 U.S.C§ 2501-2581), is an act of Congress that regulates trade agreements negotiated between the United States and other countries under the Trade Act of 1974. It provided modalities for the implementation of the Tokyo Round of the General Agreement on Tariffs and Trade. The second of these statutes is the TAA. The TAA was designed to encourage foreign countries to enter into reciprocal trade agreements on government procurement. These agreements prohibit foreign countries from discriminating against products made in America and prohibit the United States from discriminating against products of foreign origin. By law, countries that have such agreements and do not discriminate against products made in the United States can compete with non-discriminatory conditions to obtain a U.S. government. 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. . The FAR implements the regulatory TAA and harmonizes it with the BAA. As is the case here, the FAR trade agreement clause provides that a contractor “shall only deliver, under this contract, finished products manufactured or designated in the United States.” FAR 52.225-5 (b). The FAR defines “finished product made in the United States” as follows: during the performance of a previous contract, the VA “asked” the protesters to obtain provisions from CBP`s country of origin for some of its products, including entecavir, given that the VA had been informed that the protester could supply drugs that did not comply with the TAA, as provided for in his contract. CBP found, according to its own practice, that entecavir was an Indian product, given that the active substance of the drug was produced in India and no significant transformation would have taken place in the United States. The protester agreed to a free termination of his existing contract to avoid termination for non-payment. The following list was extracted from the Federal Acquisition Regulation (FAR) and was last updated in November 2016 with the addition of Moldova and Ukraine and is current as of June 2020. .

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