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Can Agencies Rely on CBP Rulings in Enforcing the Trade Agreements Act?

Joseph Petrillo


A new ruling says that Federal agencies can’t always rely on country-of-origin rulings by Customs and Border Protection (CBP) when applying the Trade Agreements Act to their contracts. The case dealt with an acquisition of Hepatitis B pill by the Department of Veterans Affairs (VA). The difficulty in parsing the regulations suggests that they need revision, if not a complete rewrite.  
Read the full article at PetrilloPowell.com.

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Great!  Finally!  Two great points:  (1) The CBP has not followed the FAR; and (2) the agency (contracting officer) is supposed to make an  independent decision based on the FAR text.

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