Title 19, Customs DutiesRelease 119-110
§2518 Definitions
Title 19 › CHAPTER 13 — TRADE AGREEMENTS ACT OF 1979 › SUBCHAPTER I — GOVERNMENT PROCUREMENT › § 2518
Summary
Defines key words used in this subchapter. Agreement means the Government Procurement Agreement named in section 3511(d)(17) of this title as sent to Congress, and it includes any fixes, changes, or amendments the United States accepts. Civil aircraft and related articles means all aircraft except those bought for the Department of Defense or the Coast Guard, and it also includes engines, parts, subassemblies, and ground flight simulators and their parts for those aircraft. Developed countries means the countries the President lists. Eligible product means a product or service from a foreign country or its instrumentality that the United States must allow in its procurement because the country is covered by the Agreement, Mexico under USMCA, the Dominican Republic–Central America–United States Free Trade Agreement, certain free trade agreements that took effect after December 31, 2003 and before January 2, 2005, certain free trade agreements that took effect after December 31, 2005 and before July 2, 2006, or specific U.S. trade agreements with Oman, Peru, Korea, Colombia, or Panama. An article counts as a product of a country only if it is wholly made there or if materials from other places have been substantially changed there into a new article with a different name, character, or use. For Israel, eligible product also covers items for which the U.S. must waive Buy American limits under the U.S.-Israel free trade area agreement or later agreements that lower thresholds. For Canada, eligible product includes Canadian items or services with contract value of $25,000 or more, except as otherwise agreed under paragraph 3 of article 1304 of the U.S.-Canada Free-Trade Agreement. Instrumentality does not mean an agency or division of a government but can include arrangements like the European Economic Community. Least developed country means any country on the United Nations General Assembly list of least developed countries. Major industrial country means any country defined in section 2136 of this title and its instrumentalities.
Full Legal Text
Title 19, §2518
Customs Duties, Source: USLM XML via OLRC
As used in this subchapter—
(1)Agreement
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)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)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)Rule of origin (C) Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions
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.
(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
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
Sep 22, 2026
Release point: 119-110