225.7017-1 Definitions. As used in this section— *Caribbean Basin country photovoltaic device* means a photovoltaic device that— ( 1 ) Is wholly manufactured in a Caribbean Basin country; or
( 2 ) In the case of a photovoltaic device 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, provided that the photovoltaic device is not subsequently substantially transformed outside of a Caribbean Basin country.
*Covered contract* means an energy savings performance contract, a utility services contract, or a private housing contract awarded by DoD, to be performed in the United States, if such contract results in DoD ownership of photovoltaic devices, by means other than DoD purchase as end products. DoD is deemed to own a photovoltaic device if the device is— ( 1 ) Installed in the United States on DoD property or in a facility owned by DoD; and
( 2 ) Reserved for the exclusive use of DoD in the United States for the full economic life of the device.
*Designated country photovoltaic device* means a World Trade Organization Government Procurement Agreement (WTO GPA) country photovoltaic device, a Free Trade Agreement country photovoltaic device, a least developed country photovoltaic device, or a Caribbean Basin country photovoltaic device.
*Domestic photovoltaic device* means a photovoltaic device that is manufactured in the United States.
*Foreign photovoltaic device* means a photovoltaic device other than a domestic photovoltaic device.
*Free Trade Agreement country photovoltaic device* means a photovoltaic device that— ( 1 ) Is wholly manufactured in a Free Trade Agreement country; or
( 2 ) In the case of a photovoltaic device that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement 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, provided that the photovoltaic device is not subsequently substantially transformed outside of a Free Trade Agreement country.
*Least developed country photovoltaic device* means a photovoltaic device that— ( 1 ) Is wholly manufactured in a least developed country; or
( 2 ) In the case of a photovoltaic device 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, provided that the photovoltaic device is not subsequently substantially transformed outside of a least developed country.
*Photovoltaic device* means a device that converts light directly into electricity through a solid-state, semiconductor process.
*Qualifying country photovoltaic device* means a photovoltaic device manufactured in a qualifying country.
*U.S.-made photovoltaic device* means a photovoltaic device that— ( 1 ) Is manufactured in the United States; or
( 2 ) 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, provided that the photovoltaic device is not subsequently substantially transformed outside of the United States.
*WTO GPA country photovoltaic device* means a photovoltaic device that— ( 1 ) Is wholly manufactured in a WTO GPA country; or
( 2 ) In the case of a photovoltaic device 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, provided that the photovoltaic device is not subsequently substantially transformed outside of a WTO GPA country.
[80 FR 72603, Nov. 20, 2015, as amended at 83 FR 62499, Dec. 4, 2018]