52.225-5 Trade Agreements (Nov 2006)

\(a\) *Definitions*. As used in this clause---

"Caribbean Basin country end product"---

\(1\) Means an article that---

(i)(A) Is wholly the growth, product, or manufacture of a Caribbean
Basin country; or

\(B\) In the case of an article that consists in whole or in part of
materials from another country, has been substantially transformed in a
Caribbean Basin country 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 transformed; and

\(ii\) Is not excluded from duty-free treatment for Caribbean countries
under 19 U.S.C. 2703(b).

\(A\) For this reason, the following articles are not Caribbean Basin
country end products:

\(1\) Tuna, prepared or preserved in any manner in airtight containers;

\(2\) Petroleum, or any product derived from petroleum;

\(3\) Watches and watch parts (including cases, bracelets, and straps)
of whatever type including, but not limited to, mechanical, quartz
digital, or quartz analog, if such watches or watch parts contain any
material that is the product of any country to which the Harmonized
Tariff Schedule of the United States (HTSUS) column 2 rates of duty
apply (*i.e., *Afghanistan, Cuba, Laos, North Korea, and Vietnam); and

\(4\) Certain of the following: textiles and apparel articles; footwear,
handbags, luggage, flat goods, work gloves, and leather wearing apparel;
or handloomed, handmade, and folklore articles;

\(B\) Access to the HTSUS to determine duty-free status of articles of
these types is available at
[[http://www.customs.ustreas.gov/impoexpo/impoexpo.htm]{.underline}](http://www.customs.ustreas.gov/impoexpo/impoexpo.htm).
In particular, see the following:

\(1\) General Note 3(c), Products Eligible for Special Tariff treatment.

\(2\) General Note 17, Products of Countries Designated as Beneficiary
Countries under the United States-Caribbean Basin Trade Partnership Act
of 2000.

\(3\) Section XXII, Chapter 98, Subchapter II, Articles Exported and
Returned, Advanced or Improved Abroad, U.S. Note 7(b).

\(4\) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for
Special Tariff Benefits under the United States-Caribbean Basin Trade
Partnership Act; and

\(2\) Refers to a product offered for purchase under a supply contract,
but for purposes of calculating the value of the acquisition, includes
services (except transportation services) incidental to the article,
provided that the value of those incidental services does not exceed
that of the article itself.

"Designated country" means any of the following countries:

\(1\) A World Trade Organization Government Procurement Agreement
country (Aruba, Austria, Belgium, Canada, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary,
Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway,
Poland, Portugal, Singapore, Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, or United Kingdom);

\(2\) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile,
El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, or
Singapore);

\(3\) A least developed country (Afghanistan, Angola, Bangladesh, Benin,
Bhutan, Burkina Faso, Burundi, Cambodia, Cape Verde, Central African
Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East
Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea,
Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Madagascar, Malawi,
Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao
Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia,
Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

\(4\) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas,
Barbados, Belize, British Virgin Islands, Costa Rica, Dominica,
Dominican Republic, Grenada, Guyana, Haiti, Jamaica, Montserrat,
Netherlands Antilles, St. Kitts and Nevis, St. Lucia, St. Vincent and
the Grenadines, or Trinidad and Tobago).

"Designated country end product" means a WTO GPA country end product, an
FTA country end product, a least developed country end product, or a
Caribbean Basin country end product.

"End product" means those articles, materials, and supplies to be
acquired under the contract for public use.

"Free Trade Agreement country end product" means an article that---

\(1\) Is wholly the growth, product, or manufacture of a Free Trade
Agreement (FTA) country; or

\(2\) In the case of an article that consists in whole or in part of
materials from another country, has been substantially transformed in an
FTA country 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 transformed. The term refers to a product offered for
purchase under a supply contract, but for purposes of calculating the
value of the end product includes services (except transportation
services) incidental to the article, provided that the value of those
incidental services does not exceed that of the article itself.

"Least developed country end product" means an article that---

\(1\) Is wholly the growth, product, or manufacture of a least developed
country; or

\(2\) In the case of an article that consists in whole or in part of
materials from another country, has been substantially transformed in a
least developed country 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 transformed. The term refers to a product
offered for purchase under a supply contract, but for purposes of
calculating the value of the end product, includes services (except
transportation services) incidental to the article, provided that the
value of those incidental services does not exceed that of the article
itself.

"United States" means the 50 States, the District of Columbia, and
outlying areas.

"U.S.-made end product" means an article that is mined, produced, or
manufactured in the United States or that is substantially transformed
in the United States 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 transformed.

"WTO GPA country end product" means an article that---

\(1\) Is wholly the growth, product, or manufacture of a WTO GPA
country; or

\(2\) In the case of an article that consists in whole or in part of
materials from another country, has been substantially transformed in a
WTO GPA country 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 transformed. The term refers to a product offered for
purchase under a supply contract, but for purposes of calculating the
value of the end product includes services, (except transportation
services) incidental to the article, provided that the value of those
incidental services does not exceed that of the article itself.

\(b\) *Delivery of end products*. The Contracting Officer has determined
that the WTO GPA and FTAs apply to this acquisition. Unless otherwise
specified, these trade agreements apply to all items in the Schedule.
The Contractor shall deliver under this contract only U.S.-made or
designated country end products except to the extent that, in its offer,
it specified delivery of other end products in the provision entitled
"Trade Agreements Certificate."

(End of clause)