Title 19 — Customs DutiesRelease 119-73
§2518 Definitions
Title 19 › Chapter CHAPTER 13— - TRADE AGREEMENTS ACT OF 1979 › Subchapter SUBCHAPTER I— - GOVERNMENT PROCUREMENT › § 2518
Summary
Defines key words used in this part of the law. Agreement means the Agreement on Government Procurement named in section 3511(d)(17) as sent to Congress, and it includes any corrections, changes, or amendments the United States accepts. Civil aircraft and related articles means all aircraft except those bought for the Department of Defense or Coast Guard, plus their engines, parts, subassemblies, and ground flight simulators and simulator parts. Developed countries means countries the President names as developed. Eligible product means a product or service from foreign countries or their instrumentalities that the United States must treat as covered for procurement under certain trade deals (including the Agreement on Government Procurement, Mexico under USMCA (see section 4502), several free trade agreements that entered into force in the date ranges shown in the law, the Dominican Republic–Central America–U.S. FTA, and named U.S. FTAs with Oman, Peru, Korea, Colombia, and Panama); an article counts as a product of a country only if it is wholly produced there or it was substantially transformed there into a new article; eligible product also includes certain Israeli products the U.S. must exempt from Buy American rules and Canadian products worth $25,000 or more that would be covered but for Agreement thresholds unless the U.S. and Canada agree otherwise. Instrumentality does not include a government agency or division, but can include bodies like the European Economic Community. Least developed country means any country on the United Nations list of least developed countries. Major industrial country means any country listed in section 2136 of this title and any instrumentality of such a country.
Full Legal Text
Title 19, §2518
Customs Duties — Source: USLM XML via OLRC
As used in this subchapter—
(1)The term “Agreement” means the Agreement on Government Procurement referred to in section 3511(d)(17) of this title, as submitted to the Congress, but including rectifications, modifications, and amendments which are accepted by the United States.
(2)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,
(3)The term “developed countries” means countries so designated by the President.
(4)(A)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)Mexico, as a party to the USMCA (as defined in section 4502 of this title), 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 December 31, 2003, and before January 2, 2005, 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 December 31, 2005, and before July 2, 2006, 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)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)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)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)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)The term “least developed country” means any country on the United Nations General Assembly list of least developed countries.
(7)The term “major industrial country” means any such country as defined in section 2136 of this title and any instrumentality of such a country.
Legislative History
Notes & Related Subsidiaries
Amendment of SectionFor termination of amendment by section 107(c) of Pub. L. 112–43, see Effective and Termination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 112–42, see Effective and Termination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 112–41, see Effective and Termination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 110–138, see Effective and Termination Dates of 2007 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 109–283, see Effective and Termination Dates of 2006 Amendment note below. For termination of amendment by section 106(c) of Pub. L. 109–169, see Effective and Termination Dates of 2006 Amendment note below. For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates of 2005 Amendment note below. For termination of amendment by section 106(c) of Pub. L. 108–286, see Effective and Termination Dates of 2004 Amendment note below. For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
Editorial Notes
References in Text
section 601(a)(2), referred to in par. (2), is section 601(a)(2) of Pub. L. 96–39 title VI, July 26, 1979, 93 Stat. 267, 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
2020—Par. (4)(A)(ii). Pub. L. 116–113 substituted “Mexico, as a party to the USMCA (as defined in section 4502 of this title),” for “a party to the North American Free Trade Agreement,” and “the USMCA for” for “the North American Free Trade Agreement for”. 2011—Par. (4)(A)(viii). Pub. L. 112–41, §§ 107(c), 401, temporarily added cl. (viii). See Effective and Termination Dates of 2011 Amendment note below. Par. (4)(A)(ix). Pub. L. 112–42, §§ 107(c), 401, temporarily added cl. (ix). See Effective and Termination Dates of 2011 Amendment note below. Par. (4)(A)(x). Pub. L. 112–43, §§ 107(c), 401, temporarily added cl. (x). See Effective and Termination Dates of 2011 Amendment note below. 2007—Par. (4)(A)(vii). Pub. L. 110–138, §§ 107(c), 401, temporarily added cl. (vii). See Effective and Termination Dates of 2007 Amendment note below. 2006—Par. (4)(A)(v). Pub. L. 109–169, §§ 106(c), 401, temporarily added cl. (v). See Effective and Termination Dates of 2006 Amendment note below. Par. (4)(A)(vi). Pub. L. 109–283, §§ 107(c), 401, temporarily added cl. (vi). See Effective and Termination Dates of 2006 Amendment note below. 2005—Par. (4)(A)(iv). Pub. L. 109–53, §§ 107(d), 401, temporarily added cl. (iv). See Effective and Termination Dates of 2005 Amendment note below. 2004—Par.(4)(A)(iii). Pub. L. 108–286, §§ 106(c), 401, temporarily added cl. (iii). See Effective and Termination Dates of 2004 Amendment note below. 1996—Par. (4)(D). Pub. L. 104–295 substituted “under the Agreement” for “under the the Agreement”. 1994—Par. (1). Pub. L. 103–465, § 342(f)(1), substituted “section 3511(d)(17) of this title” for “section 2503(c) of this title”. Par. (4)(C). Pub. L. 103–465, § 342(f)(2)(A), 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.” Par. (4)(D). Pub. L. 103–465, § 342(f)(2)(B), 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.” 1993—Par. (4)(A). Pub. L. 103–182 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.” 1988—Par. (4)(D). Pub. L. 100–449 temporarily added subpar. (D). See Effective and Termination Dates of 1988 Amendment note below. 1985—Par. (4)(C). Pub. L. 99–47 added subpar. (C).
Statutory Notes and Related Subsidiaries
Effective Date
of 2020 AmendmentAmendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (
July 1, 2020) and applicable with respect to a procurement on or after that date, see section 505(c) of Pub. L. 116–113, set out as a note under section 2511 of this title. Effective and Termination Dates of 2011 AmendmentAmendment by Pub. L. 112–43 effective Oct. 21, 2011, applicable with respect to Panama on the date the United States–Panama Trade Promotion Agreement enters into force (Oct. 31, 2012), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–43, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–42 effective Oct. 21, 2011, applicable with respect to Colombia on the date the United States–Colombia Trade Promotion Agreement enters into force (
May 15, 2012), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–42, set out in a note under section 3805 of this title. Amendment by Pub. L. 112–41 effective Oct. 21, 2011, applicable with respect to Korea on the date the United States–Korea Free Trade Agreement enters into force (Mar. 15, 2012), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–41, set out in a note under section 3805 of this title. Effective and Termination Dates of 2007 AmendmentAmendment by Pub. L. 110–138 effective on the date the United States-Peru Trade Promotion Agreement enters into force (Feb. 1, 2009) and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of Pub. L. 110–138, set out in a note under section 3805 of this title. Effective and Termination Dates of 2006 AmendmentAmendment by Pub. L. 109–283 effective on the date on which the United States-Oman Free Trade Agreement enters into force (Jan. 1, 2009) and to cease to be effective on the date on which the Agreement terminates, see section 107(a), (c) of Pub. L. 109–283, set out in a note under section 3805 of this title. Amendment by Pub. L. 109–169 effective on the date on which the United States-Bahrain Free Trade Agreement enters into force (Aug. 1, 2006) and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of Pub. L. 109–169, set out in a note under section 3805 of this title. Effective and Termination Dates of 2005 AmendmentAmendment by Pub. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) 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 section 107 of Pub. L. 109–53, set out as an Effective and Termination Dates note under section 4001 of this title. Effective and Termination Dates of 2004 AmendmentAmendment by Pub. L. 108–286 effective on the date on which the United States-Australia Free Trade Agreement enters into force (Jan. 1, 2005) and to cease to be effective on the date on which the Agreement terminates, see section 106(a), (c) of Pub. L. 108–286, set out in a note under section 3805 of this title.
Effective Date
of 1994 AmendmentAmendment by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title.
Effective Date
of 1993 AmendmentAmendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 381(e) of Pub. L. 103–182, formerly set out as a note under section 2511 of this title. Effective and Termination Dates of 1988 AmendmentAmendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of this title.
Transfer of Functions
For 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 section 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Reference
Citations & Metadata
Citation
19 U.S.C. § 2518
Title 19 — Customs Duties
Last Updated
Apr 6, 2026
Release point: 119-73