Substantial Transformation Test Trade Agreements Act

Of course, Acetris`s journey may not be over. The CIT process on entecavir, which has continued to date, could resume, which could reinforce differences of findings on the countries of origin of this drug in the world of state treaties and in the world of international trade. The government could apply to the Supreme Court for certification. In the meantime, state contractors should continue to follow our reasonable guidelines when it comes to national preferential rules: note: The term “new or other commercial items” means, except in this subdivision, a measure that: (1) has been substantially transformed by a good or material that is not entirely the growth, product or manufacture of Oman, the United States. , or both; (2) has a new name, character or new use different from the goods or material from which it was processed, but something should not be considered a new or other commercial object since it has undergone only (I) simple combination or packaging operations, or (II) a simple dilution to water or other substance that does not significantly alter the characteristics of the property. In order to determine whether a product comes from a country eligible under the TAA, the product must be either “fully the growth, product or manufacture” of a country eligible for the AA TAA, or “essentially transformed into a new or other commercial item, bearing a name, character or use” in a country eligible for the AA TAA. 19 U.S.C 2518 (4) (B). 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. Third, the CIT concluded that a product consisting of about 50 different components (all but two Chinese) was a product of China when the U.S.-based assembly and integration process did not result in a substantial transformation. It is interesting to note that Energizer`s CIT spent a great deal of time analyzing the “substantial transformation”, but the court spent very little time compared to the actual country of origin to finally conclude the number of components of Chinse origin that China, a country of origin, did not make a significant analysis. James Tucker has an active practice in bidding events before the Government Accountability Office and think tanks and advises clients on contractual disputes and compliance obligations.

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