Low RiskFARExport Control

52.225-5Trade Agreements.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.225-5 — Trade Agreements.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.225-5 Trade Agreements. As prescribed in 25.1101(c)(1), insert the following clause: Trade Agreements (NOV 2023) (a) Definitions. As used in this clause. Caribbean Basin country end product — (1) Means an article that— (i)(A) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or (B) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country 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 transformed; and (ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C. 2703(b). (A) For this reason, the following articles are not Caribbean Basin country end products: ( 1 ) Tuna, prepared or preserved in any manner in airtight containers; ( 2 ) Petroleum, or any product derived from petroleum; ( 3 ) Watches and watch parts (including cases, bracelets, and straps) of whatever type including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the Harmonized Tariff Schedule of the United States (HTSUS) column 2 rates of duty apply ( i.e., Afghanistan, Cuba, Laos, North Korea, and Vietnam); and ( 4 ) Certain of the following: textiles and apparel articles; footwear, handbags, luggage, flat goods, work gloves, and leather wearing apparel; or handloomed, handmade, and folklore articles; (B) Access to the HTSUS to determine duty-free status of articles of these types is available at https://usitc.gov/tata/hts/index.htm . In particular, see the following: ( 1 ) General Note 3(c), Products Eligible for Special Tariff treatment. ( 2 ) General Note 17, Products of Countries Designated as Beneficiary Countries under the United States-Caribbean Basin Trade Partnership Act of 2000. ( 3 ) Section XXII, Chapter 98, Subchapter II, Articles

Source: eCFR, 48 CFR 52.225-5 (https://www.ecfr.gov/current/title-48/section-52.225-5)

Compliance Checklist

  • The Contractor shall deliver under this contract only U.S.-made or designated country end products except to the extent that, in its offer, it specified delivery of other end products in the provision entitled “Trade Agreements Certificate.” (End of clause) [64 FR 72435, Dec.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.