[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2518]
TITLE 19--CUSTOMS DUTIES
CHAPTER 13--TRADE AGREEMENTS ACT OF 1979
SUBCHAPTER I--GOVERNMENT PROCUREMENT
Sec. 2518. Definitions
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; 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.
(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.
(Pub. L. 96-39, title III, Sec. 308, July 26, 1979, 93 Stat. 241; Pub.
L. 99-47, Sec. 7, June 11, 1985, 99 Stat. 84; Pub. L. 100-449, title
III, Sec. 306, Sept. 28, 1988, 102 Stat. 1876; Pub. L. 103-182, title
III, Sec. 381(c), Dec. 8, 1993, 107 Stat. 2129; Pub. L. 103-465, title
III, Sec. 342(f), Dec. 8, 1994, 108 Stat. 4953; Pub. L. 104-295,
Sec. 20(c)(12), Oct. 11, 1996, 110 Stat. 3528.)
References in Text
Section 601(a)(2), referred to in par. (2), is section 601(a)(2) of
Pub. L. 96-39 title VI, July 26, 1979, 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.
Amendments
1996--Par. (4)(D). Pub. L. 104-295 substituted ``under the
Agreement'' for ``under the the Agreement''.
1994--Par. (1). Pub. L. 103-465, Sec. 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, Sec. 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, Sec. 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 th
