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119th Congress

Title 19 — Customs Duties

Chapter 13 — Trade Agreements Act of 1979

§ 2518. Definitions

Statutory text

As used in this subchapter—

(1)

Agreement

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.

(2)

Civil aircraft

The term “civil aircraft and related articles” means—

(A)

all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;

(B)

the engines (and parts and components for incorporation therein) of such aircraft;

(C)

any other parts, components, and subassemblies for incorporation in such aircraft; and

(D)

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).

(3)

Developed countries

The term “developed countries” means countries so designated by the President.

(4)

Eligible product

(A)

In general

The term “eligible product” means, with respect to any foreign country or instrumentality that is—

(i)

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;

(ii)

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;

(iii)

a party to a free trade agreement that entered into force with respect to the United States after , and before , a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;

(iv)

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;

(v)

a party to a free trade agreement that entered into force with respect to the United States after , and before , a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;

(vi)

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;

(vii)

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;

(viii)

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;

(ix)

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

(x)

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.

(B)

Rule of origin

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.

(C)

Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions

The term “eligible product” includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under—

(i)

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

(ii)

any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.

(D)

Lowered threshold for certain products as a consequence of United States-Canada Free-Trade 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.

(5)

Instrumentality

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.

(6)

Least developed country

The term “least developed country” means any country on the United Nations General Assembly list of least developed countries.

(7)

Major industrial country

The term “major industrial country” means any such country as defined in section 2136 of this title and any instrumentality of such a country.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Trade Agreements Act of 1979

    Pub. L. 96–39 title III § 308 · 93 Stat. 144

    Enacted · 19 U.S.C. § 2518

    Pub. L. 96–39, title III, § 308, July 26, 1979, 93 Stat. 241

    Source evidence

    Code source credit
    Pub. L. 96–39, title III, § 308, July 26, 1979, 93 Stat. 241

    Enacted provision · exact public law section
    SEC. 308. DEFINITIONS. As used in this title— 19 USC 2518. (1) Agreement.— The term ‘Agreement” means the Agreement on Government Procurement referred to in sect ion 2(c) of this Act, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States. (2) Civil aircraft.— The term “civil aircraft and related articles” means— (A) all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard; (B) the engines (and parts and components for incorporation therein) of such aircraft; (C) any other parts, components, and subassemblies for incorporation in such aircraft; and (D) 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). Post, p. 267. (3) Developed countries.— The term “developed countries” means countries so designated by the President. (4) Eligible products.— (A) In general.— The term “eligible product” means, with respect to any foreign country or instrumentality, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States. (B) Rule of origin.— 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. (5) Instrumentality.— 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. (6) Least developed country.— The term “least developed country” means any country on the United Nations General Assembly list of least developed countries. (7) Major industrial country.— The term “major industrial country” means any such country as defined in section 126 of the Trade Act of 1974 and any instrumentality of such a country. 19 USC 2136.

  2. United States-Israel Free Trade Area Implementation Act of 1985

    Pub. L. 99–47 § 7 · 99 Stat. 82

    Added · 19 U.S.C. § 2518(4)(C)

    Pub. L. 99–47 added subpar. (C)

    Source evidence

    Code amendment note
    Par. (4)(C). Pub. L. 99–47 added subpar. (C).

    Enacted provision · exact public law section
    SEC. 7. LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER TRADE AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN ISRAELI PRODUCTS. Paragraph (4) of section 308 of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)) is amended by inserting after subparagraph (B) the following new subparagraph: “(C) Lowered threshold for certain products as a consequence of united states-israel free trade area provisions.— The term ‘eligible product’ includes a product or service of Israel having a contract value of $50,000 or more which would be covered for procurement by the United States under the Agreement on Government Procurement as in effect on the date on which the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel enters into force, but for the SDR 150,000 threshold provided for in article I(1)(b) of the Agreement on Government Procurement.”.

  3. United States-Canada Free-Trade Agreement Implementation Act of 1988

    Pub. L. 100–449 title III § 306 · 102 Stat. 1851

    Added · 19 U.S.C. § 2518(4)(D)

    Pub. L. 100–449 temporarily added subpar. (D). See Effective and Termination Dates of 1988 Amendment note below

    Source evidence

    Code amendment note
    Par. (4)(D). Pub. L. 100–449 temporarily added subpar. (D). See Effective and Termination Dates of 1988 Amendment note below.

    Enacted provision · exact public law section
    SEC. 306. LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER TRADE AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN CANADIAN PRODUCTS. Section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)) is amended by inserting after subparagraph (C) the following new subparagraph: “(D) Lowered threshold for certain products as a consequence of united states-canada free-trade 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 GATT Agreement on Government Procurement, but for the SDR thresh-old provided for in article (I)(1)(b) of the GATT Agreement on Government Procurement.”.

  4. North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 title III § 381(c) · 107 Stat. 2057

    Amended · 19 U.S.C. § 2518(4)(A)

    Pub. L. 103–182 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The term ‘eligible product’ means, with respect to any foreign country or instrumentality, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States.”

    Source evidence

    Code amendment note
    Par. (4)(A). Pub. L. 103–182 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The term ‘eligible product’ means, with respect to any foreign country or instrumentality, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States.”

    Enacted provision · exact public law section
    (c) Definition of Eligible Product.— Section 308(4)(A) of such Act (19 U.S.C. 2518(4)(A)) is amended to read as follows: “(A) In general.— The term ‘eligible product’ means, with respect to any foreign country or instrumentality that is— “(i) 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; or “(ii) a party to the North American Free Trade Agreement, a product or service of that country or instrumentality which is covered under the North American Free Trade Agreement for procurement by the United States.”.

  5. Pub. L. 103–465 § 342(f)(1) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 2518(1)

    Pub. L. 103–465, § 342(f)(1), substituted “section 3511(d)(17) of this title” for “section 2503(c) of this title”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 103–465, § 342(f)(1), substituted “section 3511(d)(17) of this title” for “section 2503(c) of this title”.

    Enacted provision · exact public law section
    (1) in paragraph (1) by striking “section 2(c) of this Act” and inserting “section 101(d)(17) of the Uruguay Round Agreements Act”; and

  6. Pub. L. 103–465 § 342(f)(2)(A) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 2518(4)(C)

    Pub. L. 103–465, § 342(f)(2)(A), substituted “for which the United States is obligated to waive Buy National restrictions under—” and cls. (i) and (ii) for “having a contract value of $50,000 or more which would be covered for procurement by the United States under the Agreement on Government Procurement as in effect on the date on which the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel enters into force, but for the SDR 150,000 threshold provided for in article I(1)(b) of the Agreement on Government Procurement.”

    Source evidence

    Code amendment note
    Par. (4)(C). Pub. L. 103–465, § 342(f)(2)(A), substituted “for which the United States is obligated to waive Buy National restrictions under—” and cls. (i) and (ii) for “having a contract value of $50,000 or more which would be covered for procurement by the United States under the Agreement on Government Procurement as in effect on the date on which the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel enters into force, but for the SDR 150,000 threshold provided for in article I(1)(b) of the Agreement on Government Procurement.”

    Enacted provision · exact public law section
    (A) in subparagraph (C) by striking “having a contract value” and all that follows through the end of the subpara-graph and inserting “for which the United States is obligated to waive Buy National restrictions under— “(i) 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 “(ii) any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.”; and

  7. Pub. L. 103–465 § 342(f)(2)(B) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 2518(4)(D)

    Pub. L. 103–465, § 342(f)(2)(B), substituted “the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.” for “GATT Agreement on Government Procurement, but for the SDR threshold provided for in article I(1)(b) of the GATT Agreement on Government Procurement.”

    Source evidence

    Code amendment note
    Par. (4)(D). Pub. L. 103–465, § 342(f)(2)(B), substituted “the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.” for “GATT Agreement on Government Procurement, but for the SDR threshold provided for in article I(1)(b) of the GATT Agreement on Government Procurement.”

    Enacted provision · exact public law section
    (B) in subparagraph (D) by striking “GATT’ the first place it appears and all that follows through the end of the subparagraph and inserting “the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement”.

  8. Miscellaneous Trade and Technical Corrections Act of 1996

    Pub. L. 104–295 § 20(c)(12) · 110 Stat. 3514

    Substituted · 19 U.S.C. § 2518(4)(D)

    Pub. L. 104–295 substituted “under the Agreement” for “under the the Agreement”

    Source evidence

    Code amendment note
    Par. (4)(D). Pub. L. 104–295 substituted “under the Agreement” for “under the the Agreement”.

    Enacted provision · exact public law section
    (12) Section 308(4)(D) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(D)) is amended by striking “the the” and inserting “the”.

  9. United States-Australia Free Trade Agreement Implementation Act

    Pub. L. 108–286 title IV § 401 · 118 Stat. 919

    Added · 19 U.S.C. § 2518(4)(A)(iii)

    Pub. L. 108–286, §§ 106(c), 401, temporarily added cl. (iii). See Effective and Termination Dates of 2004 Amendment note below

    Source evidence

    Code amendment note
    Par.(4)(A)(iii). Pub. L. 108–286, §§ 106(c), 401, temporarily added cl. (iii). See Effective and Termination Dates of 2004 Amendment note below.

    Enacted provision · exact public law section
    SEC. 401. ELIGIBLE PRODUCTS.    Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking “or” at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting “; or”; and (3) by adding at the end the following new clause: “(iii) 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.” .

  10. Dominican Republic-Central America-United States Free Trade Agreement Implementation Act

    Pub. L. 109–53 title IV § 401 · 119 Stat. 462

    Added · 19 U.S.C. § 2518(4)(A)(iv)

    Pub. L. 109–53, §§ 107(d), 401, temporarily added cl. (iv). See Effective and Termination Dates of 2005 Amendment note below

    Source evidence

    Code amendment note
    Par. (4)(A)(iv). Pub. L. 109–53, §§ 107(d), 401, temporarily added cl. (iv). See Effective and Termination Dates of 2005 Amendment note below.

    Enacted provision · exact public law section
    SEC. 401. ELIGIBLE PRODUCTS.   Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking “or” at the end of clause (ii); (2) by striking the period at the end of clause (iii) and inserting “; or”; and (3) by adding at the end the following new clause: “(iv) 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.” .

  11. United States-Bahrain Free Trade Agreement Implementation Act

    Pub. L. 109–169 title IV § 401 · 119 Stat. 3581

    Added · 19 U.S.C. § 2518(4)(A)(v)

    Pub. L. 109–169, §§ 106(c), 401, temporarily added cl. (v). See Effective and Termination Dates of 2006 Amendment note below

    Source evidence

    Code amendment note
    Par. (4)(A)(v). Pub. L. 109–169, §§ 106(c), 401, temporarily added cl. (v). See Effective and Termination Dates of 2006 Amendment note below.

    Enacted provision · exact public law section
    SEC. 401. ELIGIBLE PRODUCTS.   Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking “or” at the end of clause (iii); (2) by striking the period at the end of clause (iv) and inserting “; or”; and (3) by adding at the end the following new clause: “(v) 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.” .

  12. United States-Oman Free Trade Agreement Implementation Act

    Pub. L. 109–283 title IV § 401 · 120 Stat. 1191

    Added · 19 U.S.C. § 2518(4)(A)(vi)

    Pub. L. 109–283, §§ 107(c), 401, temporarily added cl. (vi). See Effective and Termination Dates of 2006 Amendment note below

    Source evidence

    Code amendment note
    Par. (4)(A)(vi). Pub. L. 109–283, §§ 107(c), 401, temporarily added cl. (vi). See Effective and Termination Dates of 2006 Amendment note below.

    Enacted provision · exact public law section
    SEC. 401. ELIGIBLE PRODUCTS.   Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking “or” at the end of clause (iv); (2) by striking the period at the end of clause (v) and inserting “; or”; and (3) by adding at the end the following new clause: “(vi) 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.” .

  13. United States-Peru Trade Promotion Agreement Implementation Act

    Pub. L. 110–138 title IV § 401 · 121 Stat. 1455

    Added · 19 U.S.C. § 2518(4)(A)(vii)

    Pub. L. 110–138, §§ 107(c), 401, temporarily added cl. (vii). See Effective and Termination Dates of 2007 Amendment note below

    Source evidence

    Code amendment note
    Par. (4)(A)(vii). Pub. L. 110–138, §§ 107(c), 401, temporarily added cl. (vii). See Effective and Termination Dates of 2007 Amendment note below.

    Enacted provision · exact public law section
    SEC. 401. ELIGIBLE PRODUCTS.   Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking “or” at the end of clause (v); (2) by striking the period at the end of clause (vi) and inserting “; or”; and (3) by adding at the end the following new clause: “(vii) 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.” .

  14. United States–Korea Free Trade Agreement Implementation Act

    Pub. L. 112–41 title IV § 401 · 125 Stat. 459

    Added · 19 U.S.C. § 2518(4)(A)(viii)

    Pub. L. 112–41, §§ 107(c), 401, temporarily added cl. (viii). See Effective and Termination Dates of 2011 Amendment note below

    Source evidence

    Code amendment note
    Par. (4)(A)(viii). Pub. L. 112–41, §§ 107(c), 401, temporarily added cl. (viii). See Effective and Termination Dates of 2011 Amendment note below.

    Enacted provision · exact public law section
    SEC. 401. ELIGIBLE PRODUCTS.   Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking “or” at the end of clause (vi); (2) by striking the period at the end of clause (vii) and inserting “; or”; and (3) by adding at the end the following new clause: “(viii) 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.” .

  15. United States–Colombia Trade Promotion Agreement Implementation Act

    Pub. L. 112–42 title IV § 401 · 125 Stat. 494

    Added · 19 U.S.C. § 2518(4)(A)(ix)

    Pub. L. 112–42, §§ 107(c), 401, temporarily added cl. (ix). See Effective and Termination Dates of 2011 Amendment note below

    Source evidence

    Code amendment note
    Par. (4)(A)(ix). Pub. L. 112–42, §§ 107(c), 401, temporarily added cl. (ix). See Effective and Termination Dates of 2011 Amendment note below.

    Enacted provision · exact public law section
    SEC. 401. ELIGIBLE PRODUCTS.   Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking “or” at the end of clause (vii); (2) by striking the period at the end of clause (viii) and inserting “; or”; and (3) by adding at the end the following new clause: “(ix) 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.” .

  16. United States–Panama Trade Promotion Agreement Implementation Act

    Pub. L. 112–43 title IV § 401 · 125 Stat. 529

    Added · 19 U.S.C. § 2518(4)(A)(x)

    Pub. L. 112–43, §§ 107(c), 401, temporarily added cl. (x). See Effective and Termination Dates of 2011 Amendment note below

    Source evidence

    Code amendment note
    Par. (4)(A)(x). Pub. L. 112–43, §§ 107(c), 401, temporarily added cl. (x). See Effective and Termination Dates of 2011 Amendment note below.

    Enacted provision · exact public law section
    SEC. 401. ELIGIBLE PRODUCTS.   Section 308(4)(A) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking “or” at the end of clause (viii); (2) by striking the period at the end of clause (ix) and inserting “; or”; and (3) by adding at the end the following new clause: “(x) 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.” .

  17. United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 title V § 505(b) · 134 Stat. 11

    1. Substituted · 19 U.S.C. § 2518(4)(A)(ii)

      Pub. L. 116–113 substituted “Mexico, as a party to the USMCA (as defined in section 4502 of this title),” for “a party to the North American Free Trade Agreement,”

    2. Substituted · 19 U.S.C. § 2518(4)(A)(ii)

      Pub. L. 116–113 substituted “the USMCA for” for “the North American Free Trade Agreement for”

    Source evidence

    Code amendment note
    Par. (4)(A)(ii). Pub. L. 116–113 substituted “Mexico, as a party to the USMCA (as defined in section 4502 of this title),” for “a party to the North American Free Trade Agreement,” and “the USMCA for” for “the North American Free Trade Agreement for”.

    Enacted provision · exact public law section
    (b) Definitions.— Section 308(4)(A)(ii) of the Trade Agreements Act of 1979 (19 U.S.C. 2518(4)(A)(ii)) is amended— (1) by striking “a party to the North American Free Trade Agreement,” and inserting “Mexico, as a party to the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act),”; and (2) by striking “the North American Free Trade Agreement for” and inserting “the USMCA for”.

    Effective date note
    Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020) and applicable with respect to a procurement on or after that date, see section 505(c) of Pub. L. 116–113, set out as a note under section 2511 of this title.

18 of 18 references resolved to an enrolled provision

Notes

Amendment of Section

For termination of amendment by section 107(c) of Pub. L. 112–43, see Effective and Termination Dates of 2011 Amendment note below.

For termination of amendment by section 107(c) of Pub. L. 112–42, see Effective and Termination Dates of 2011 Amendment note below.

For termination of amendment by section 107(c) of Pub. L. 112–41, see Effective and Termination Dates of 2011 Amendment note below.

For termination of amendment by section 107(c) of Pub. L. 110–138, see Effective and Termination Dates of 2007 Amendment note below.

For termination of amendment by section 107(c) of Pub. L. 109–283, see Effective and Termination Dates of 2006 Amendment note below.

For termination of amendment by section 106(c) of Pub. L. 109–169, see Effective and Termination Dates of 2006 Amendment note below.

For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates of 2005 Amendment note below.

For termination of amendment by section 106(c) of Pub. L. 108–286, see Effective and Termination Dates of 2004 Amendment note below.

For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

References in Text

Section 601(a)(2), referred to in par. (2), is section 601(a)(2) of Pub. L. 96–39 title VI, , 93 Stat. 267, which directed a duty rate of “Free” in the rate column numbered 1 of the Tariff Schedules of the United States for articles classified under specified items between 518.51 and 772.65 which the President determines would provide coverage comparable to that provided by foreign countries in the Annex to the Agreement on Trade in Civil Aircraft if such articles were certified for use in civil aircraft in accordance with headnote 3 to schedule 6, part 6, subpart C of the Tariff Schedules of the United States. The Tariff Schedules of the United States were replaced by the Harmonized Tariff Schedule of the United States, which is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of the title.

Amendments1985–2020 · 11 rounds

2020

Par. (4)(A)(ii). Pub. L. 116–113 substituted “Mexico, as a party to the USMCA (as defined in section 4502 of this title),” for “a party to the North American Free Trade Agreement,” and “the USMCA for” for “the North American Free Trade Agreement for”.

2011

Par. (4)(A)(viii). Pub. L. 112–41, §§ 107(c), 401, temporarily added cl. (viii). See Effective and Termination Dates of 2011 Amendment note below.

Par. (4)(A)(ix). Pub. L. 112–42, §§ 107(c), 401, temporarily added cl. (ix). See Effective and Termination Dates of 2011 Amendment note below.

Par. (4)(A)(x). Pub. L. 112–43, §§ 107(c), 401, temporarily added cl. (x). See Effective and Termination Dates of 2011 Amendment note below.

2007

Par. (4)(A)(vii). Pub. L. 110–138, §§ 107(c), 401, temporarily added cl. (vii). See Effective and Termination Dates of 2007 Amendment note below.

2006

Par. (4)(A)(v). Pub. L. 109–169, §§ 106(c), 401, temporarily added cl. (v). See Effective and Termination Dates of 2006 Amendment note below.

Par. (4)(A)(vi). Pub. L. 109–283, §§ 107(c), 401, temporarily added cl. (vi). See Effective and Termination Dates of 2006 Amendment note below.

2005

Par. (4)(A)(iv). Pub. L. 109–53, §§ 107(d), 401, temporarily added cl. (iv). See Effective and Termination Dates of 2005 Amendment note below.

2004

Par.(4)(A)(iii). Pub. L. 108–286, §§ 106(c), 401, temporarily added cl. (iii). See Effective and Termination Dates of 2004 Amendment note below.

1996

Par. (4)(D). Pub. L. 104–295 substituted “under the Agreement” for “under the the Agreement”.

1994

Par. (1). Pub. L. 103–465, § 342(f)(1), substituted “section 3511(d)(17) of this title” for “section 2503(c) of this title”.

Par. (4)(C). Pub. L. 103–465, § 342(f)(2)(A), substituted “for which the United States is obligated to waive Buy National restrictions under—” and cls. (i) and (ii) for “having a contract value of $50,000 or more which would be covered for procurement by the United States under the Agreement on Government Procurement as in effect on the date on which the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel enters into force, but for the SDR 150,000 threshold provided for in article I(1)(b) of the Agreement on Government Procurement.”

Par. (4)(D). Pub. L. 103–465, § 342(f)(2)(B), substituted “the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.” for “GATT Agreement on Government Procurement, but for the SDR threshold provided for in article I(1)(b) of the GATT Agreement on Government Procurement.”

1993

Par. (4)(A). Pub. L. 103–182 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “The term ‘eligible product’ means, with respect to any foreign country or instrumentality, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States.”

1988

Par. (4)(D). Pub. L. 100–449 temporarily added subpar. (D). See Effective and Termination Dates of 1988 Amendment note below.

1985

Par. (4)(C). Pub. L. 99–47 added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force () and applicable with respect to a procurement on or after that date, see section 505(c) of Pub. L. 116–113, set out as a note under section 2511 of this title.

Effective and Termination Dates of 2011 Amendment

Amendment by Pub. L. 112–43 effective , applicable with respect to Panama on the date the United States–Panama Trade Promotion Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–43, set out in a note under section 3805 of this title.

Amendment by Pub. L. 112–42 effective , applicable with respect to Colombia on the date the United States–Colombia Trade Promotion Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–42, set out in a note under section 3805 of this title.

Amendment by Pub. L. 112–41 effective , applicable with respect to Korea on the date the United States–Korea Free Trade Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–41, set out in a note under section 3805 of this title.

Effective and Termination Dates of 2007 Amendment

Amendment by Pub. L. 110–138 effective on the date the United States-Peru Trade Promotion Agreement enters into force () and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of Pub. L. 110–138, set out in a note under section 3805 of this title.

Effective and Termination Dates of 2006 Amendment

Amendment by Pub. L. 109–283 effective on the date on which the United States-Oman Free Trade Agreement enters into force () and to cease to be effective on the date on which the Agreement terminates, see section 107(a), (c) of Pub. L. 109–283, set out in a note under section 3805 of this title.

Amendment by Pub. L. 109–169 effective on the date on which the United States-Bahrain Free Trade Agreement enters into force () and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of Pub. L. 109–169, set out in a note under section 3805 of this title.

Effective and Termination Dates of 2005 Amendment

Amendment by Pub. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force () and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as an Effective and Termination Dates note under section 4001 of this title.

Effective and Termination Dates of 2004 Amendment

Amendment by Pub. L. 108–286 effective on the date on which the United States-Australia Free Trade Agreement enters into force () and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of Pub. L. 108–286, set out in a note under section 3805 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (), see section 381(e) of Pub. L. 103–182, formerly set out as a note under section 2511 of this title.

Effective and Termination Dates of 1988 Amendment

Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6.

Credits

1979–2020 · 15 acts
  1. 1979Pub. L. 96–39, title III, § 308, , 93 Stat. 241
  2. 1985Pub. L. 99–47, § 7, , 99 Stat. 84
  3. 1988Pub. L. 100–449, title III, § 306, , 102 Stat. 1876
  4. 1993Pub. L. 103–182, title III, § 381(c), , 107 Stat. 2129
  5. 1994Pub. L. 103–465, title III, § 342(f), , 108 Stat. 4953
  6. 1996Pub. L. 104–295, § 20(c)(12), , 110 Stat. 3528
  7. 2004Pub. L. 108–286, title IV, § 401, , 118 Stat. 950
  8. 2005Pub. L. 109–53, title IV, § 401, , 119 Stat. 495
  9. 2006Pub. L. 109–169, title IV, § 401, , 119 Stat. 3599
  10. 2006Pub. L. 109–283, title IV, § 401, , 120 Stat. 1209
  11. 2007Pub. L. 110–138, title IV, § 401, , 121 Stat. 1486
  12. 2011Pub. L. 112–41, title IV, § 401, , 125 Stat. 459
  13. 2011Pub. L. 112–42, title IV, § 401, , 125 Stat. 494
  14. 2011Pub. L. 112–43, title IV, § 401, , 125 Stat. 529
  15. 2020Pub. L. 116–113, title V, § 505(b), , 134 Stat. 77.
Show as published

(Pub. L. 96–39, title III, § 308, , 93 Stat. 241; Pub. L. 99–47, § 7, , 99 Stat. 84; Pub. L. 100–449, title III, § 306, , 102 Stat. 1876; Pub. L. 103–182, title III, § 381(c), , 107 Stat. 2129; Pub. L. 103–465, title III, § 342(f), , 108 Stat. 4953; Pub. L. 104–295, § 20(c)(12), , 110 Stat. 3528; Pub. L. 108–286, title IV, § 401, , 118 Stat. 950; Pub. L. 109–53, title IV, § 401, , 119 Stat. 495; Pub. L. 109–169, title IV, § 401, , 119 Stat. 3599; Pub. L. 109–283, title IV, § 401, , 120 Stat. 1209; Pub. L. 110–138, title IV, § 401, , 121 Stat. 1486; Pub. L. 112–41, title IV, § 401, , 125 Stat. 459; Pub. L. 112–42, title IV, § 401, , 125 Stat. 494; Pub. L. 112–43, title IV, § 401, , 125 Stat. 529; Pub. L. 116–113, title V, § 505(b), , 134 Stat. 77.)

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USLM identifier /us/usc/t19/s2518