But not all countries have a free trade agreement with the United States, including, very importantly, countries like China and India. So, if a contractor offers a property in the United States. Government that was made in India, for example that this property would not comply with the TAA and the supplier could not provide this good for a state purchase. The Court also found that the FAR did not lock up Acretis` entecavir tablets. Under far`s TAA clause, FAR 52.225-5, a contractor may only supply “final products manufactured or designated in the United States.” And “finished product made in the United States” is defined as “an item that is extracted, produced or manufactured in the United States or that is extensively processed in the United States.” The Court found that the origin of the components was not relevant to the intended manufacture of a product. As Acretis manufactured the tablets in New Jersey, the product was a “finished product made in the United States” in compliance with the TAA. According to the court, “[a] product does not need to be entirely manufactured in the United States or substantially converted to be a finished product made in the United States.” Instead, “such products can be… “products” in the United States from components manufactured abroad. (b) supply of finished products. The Treaty Representative noted that the WTO GPA and free trade agreements apply to this acquisition. Unless otherwise specified, these trade agreements apply to all elements of the Annex. Under this Contract, Contractor shall only supply finished products manufactured or designated in the United States, unless the Contractor has indicated in its offer the supply of other finished products in the Trade Agreements Certificate provision.

(3) a least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, São Tomen and Príncipe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen or Zambia; either, to determine whether a product originates from a TAA-eligible country, the product must be “wholly the growth, product or manufacture” of a country capable of an AAT, or it must be “substantially processed into a new and other commercial product with a name, character or use” in a TAA-compliant country. . . .