19 U.S.C. § 2518 (4) (B) (highlighted only here). Note that while the finding that an item is the “product” of a non-designated foreign country generally prevents the government from obtaining it, the law does not require the government to positively determine that an item is a “product” of the United States or a particular country, as a prerequisite for obtaining that section. Here`s the Federal Circuit`s most recent case: Acetris Health, LLC vs. USA, #2018-2399 (February 10, 2020). Va bought entecavir tablets (to treat hepatitis B) from acetris, which produces these tablets in New Jersey with an active ingredient made in India. In 2017, the VA asked Acetris to certify its compliance with the TAA and asked Acretis to obtain a provision from the country of origin of the customs and border patrol; Acretis is duly committed. 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.
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 manufactured in the United States” as follows: to determine whether a product originates from a TAA-eligible country, the product must be “wholly the growth, product or production” of a taa-authorized country, or it must be “substantially processed into a new and other commercial product, with a name, character or use”, in a country eligible for the TAA. . .