US Code

Public Law 119-73 (01/23/2026)

19 U.S.C. § 2518

Definitions

As used in this subchapter—
(1)

Agreement

section 3511(d)(17) of this titleThe term “Agreement” means the Agreement on Government Procurement referred to in , 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;
(ii)
section 4502 of this title Mexico, as a party to the USMCA (as defined in ), a product or service of that country or instrumentality which is covered under the USMCA for procurement by the United States;
(iii)
a party to a free trade agreement that entered into force with respect to the United States after , and before , a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
(iv)
a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
(v)
a party to a free trade agreement that entered into force with respect to the United States after , and before , a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
(vi)
a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
(vii)
a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;
(viii)
a party to the United States–Korea Free Trade Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;
(ix)
a party to the United States–Colombia Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or
(x)
a party to the United States–Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that 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

section 2136 of this titleThe term “major industrial country” means any such country as defined in and any instrumentality of such a country.

Pub. L. 96–39, title III, § 30893 Stat. 241Pub. L. 99–47, § 799 Stat. 84Pub. L. 100–449, title III, § 306102 Stat. 1876Pub. L. 103–182, title III, § 381(c)107 Stat. 2129Pub. L. 103–465, title III, § 342(f)108 Stat. 4953Pub. L. 104–295, § 20(c)(12)110 Stat. 3528Pub. L. 108–286, title IV, § 401118 Stat. 950Pub. L. 109–53, title IV, § 401119 Stat. 495Pub. L. 109–169, title IV, § 401119 Stat. 3599Pub. L. 109–283, title IV, § 401120 Stat. 1209Pub. L. 110–138, title IV, § 401121 Stat. 1486Pub. L. 112–41, title IV, § 401125 Stat. 459Pub. L. 112–42, title IV, § 401125 Stat. 494Pub. L. 112–43, title IV, § 401125 Stat. 529Pub. L. 116–113, title V, § 505(b)134 Stat. 77(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Amendment of Section

section 107(c) of Pub. L. 112–43For termination of amendment by , see Effective and Termination Dates of 2011 Amendment note below.

section 107(c) of Pub. L. 112–42For termination of amendment by , see Effective and Termination Dates of 2011 Amendment note below.

section 107(c) of Pub. L. 112–41For termination of amendment by , see Effective and Termination Dates of 2011 Amendment note below.

section 107(c) of Pub. L. 110–138For termination of amendment by , see Effective and Termination Dates of 2007 Amendment note below.

section 107(c) of Pub. L. 109–283For termination of amendment by , see Effective and Termination Dates of 2006 Amendment note below.

section 106(c) of Pub. L. 109–169For termination of amendment by , see Effective and Termination Dates of 2006 Amendment note below.

section 107(d) of Pub. L. 109–53For termination of amendment by , see Effective and Termination Dates of 2005 Amendment note below.

section 106(c) of Pub. L. 108–286For termination of amendment by , see Effective and Termination Dates of 2004 Amendment note below.

section 501(c) of Pub. L. 100–449For termination of amendment by , see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

References in Text

section 601(a)(2) of Pub. L. 96–3993 Stat. 267Section 601(a)(2), referred to in par. (2), is title VI, , , 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

Pub. L. 116–113section 4502 of this title2020—Par. (4)(A)(ii). substituted “Mexico, as a party to the USMCA (as defined in ),” for “a party to the North American Free Trade Agreement,” and “the USMCA for” for “the North American Free Trade Agreement for”.

Pub. L. 112–412011—Par. (4)(A)(viii). , §§ 107(c), 401, temporarily added cl. (viii). See Effective and Termination Dates of 2011 Amendment note below.

Pub. L. 112–42Par. (4)(A)(ix). , §§ 107(c), 401, temporarily added cl. (ix). See Effective and Termination Dates of 2011 Amendment note below.

Pub. L. 112–43Par. (4)(A)(x). , §§ 107(c), 401, temporarily added cl. (x). See Effective and Termination Dates of 2011 Amendment note below.

Pub. L. 110–1382007—Par. (4)(A)(vii). , §§ 107(c), 401, temporarily added cl. (vii). See Effective and Termination Dates of 2007 Amendment note below.

Pub. L. 109–1692006—Par. (4)(A)(v). , §§ 106(c), 401, temporarily added cl. (v). See Effective and Termination Dates of 2006 Amendment note below.

Pub. L. 109–283Par. (4)(A)(vi). , §§ 107(c), 401, temporarily added cl. (vi). See Effective and Termination Dates of 2006 Amendment note below.

Pub. L. 109–532005—Par. (4)(A)(iv). , §§ 107(d), 401, temporarily added cl. (iv). See Effective and Termination Dates of 2005 Amendment note below.

Pub. L. 108–2862004—Par.(4)(A)(iii). , §§ 106(c), 401, temporarily added cl. (iii). See Effective and Termination Dates of 2004 Amendment note below.

Pub. L. 104–2951996—Par. (4)(D). substituted “under the Agreement” for “under the the Agreement”.

Pub. L. 103–465, § 342(f)(1)section 3511(d)(17) of this titlesection 2503(c) of this title1994—Par. (1). , substituted “” for “”.

Pub. L. 103–465, § 342(f)(2)(A)Par. (4)(C). , 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.”

Pub. L. 103–465, § 342(f)(2)(B)Par. (4)(D). , 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.”

Pub. L. 103–1821993—Par. (4)(A). 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 the Agreement for procurement by the United States.”

Pub. L. 100–4491988—Par. (4)(D). temporarily added subpar. (D). See Effective and Termination Dates of 1988 Amendment note below.

Pub. L. 99–471985—Par. (4)(C). added subpar. (C).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–113section 505(c) of Pub. L. 116–113section 2511 of this titleAmendment by effective on the date on which the USMCA enters into force () and applicable with respect to a procurement on or after that date, see , set out as a note under .

Effective and Termination Dates of 2011 Amendment

Pub. L. 112–43Pub. L. 112–43section 3805 of this titleAmendment by effective , applicable with respect to Panama on the date the United States–Panama Trade Promotion Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of , set out in a note under .

Pub. L. 112–42Pub. L. 112–42section 3805 of this titleAmendment by effective , applicable with respect to Colombia on the date the United States–Colombia Trade Promotion Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of , set out in a note under .

Pub. L. 112–41Pub. L. 112–41section 3805 of this titleAmendment by effective , applicable with respect to Korea on the date the United States–Korea Free Trade Agreement enters into force (), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of , set out in a note under .

Effective and Termination Dates of 2007 Amendment

Pub. L. 110–138Pub. L. 110–138section 3805 of this titleAmendment by effective on the date the United States-Peru Trade Promotion Agreement enters into force () and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of , set out in a note under .

Effective and Termination Dates of 2006 Amendment

Pub. L. 109–283Pub. L. 109–283section 3805 of this titleAmendment by effective on the date on which the United States-Oman Free Trade Agreement enters into force () and to cease to be effective on the date on which the Agreement terminates, see section 107(a), (c) of , set out in a note under .

Pub. L. 109–169Pub. L. 109–169section 3805 of this titleAmendment by effective on the date on which the United States-Bahrain Free Trade Agreement enters into force () and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of , set out in a note under .

Effective and Termination Dates of 2005 Amendment

Pub. L. 109–53section 107 of Pub. L. 109–53section 4001 of this titleAmendment by effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force () and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see , set out as an Effective and Termination Dates note under .

Effective and Termination Dates of 2004 Amendment

Pub. L. 108–286Pub. L. 108–286section 3805 of this titleAmendment by effective on the date on which the United States-Australia Free Trade Agreement enters into force () and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of , set out in a note under .

Effective Date of 1994 Amendment

Pub. L. 103–465section 3511(d)(17) of this titlesection 344(a) of Pub. L. 103–465section 2512 of this titleAmendment by effective on the date on which the Agreement on Government Procurement, referred to in , enters into force with respect to the United States (), see , set out as a note under .

Effective Date of 1993 Amendment

Pub. L. 103–182section 381(e) of Pub. L. 103–182section 2511 of this titleAmendment by effective on the date the North American Free Trade Agreement enters into force with respect to the United States (), see , formerly set out as a note under .

Effective and Termination Dates of 1988 Amendment

Pub. L. 100–449Pub. L. 100–449section 2112 of this titleAmendment by effective on date United States-Canada Free-Trade Agreement enters into force (), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of , set out in a note under .

Transfer of Functions

section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .