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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: January 29, 2002

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Caribbean Basin Country End Products

SOURCE: Federal Register, January 29, 2002, Vol. 67, No. 19, page 4209

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is adopting as final, without changes, the September 11, 2001, interim rule which amended DFARS 252.225-7007, Buy America Act -- Trade Agreements -- Balance of Payments Program, and DFARS 252.225-7021, Trade Agreements, to remove Panama from the definition of "Caribbean Basin country," and to clarify which Caribbean Basin country products are subject to duty-free treatment.

EDITOR'S NOTE: For more on the interim rule, see the September 11, 2001, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Caribbean Basin Country End Products."

EFFECTIVE DATE: January 29, 2002.

FOR FURTHER INFORMATION CONTACT: Amy Williams, Defense Acquisition Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0288; fax: 703-602-0350. Cite DFARS Case 2000-D302 when referring to this final rule.

SUPPLEMENTAL INFORMATION: On September 11, 2001, DOD published an interim rule to implement Section 211 of the United States-Caribbean Basin Trade Partnership Act (Title II of Public Law 106-200), and determinations of the United States Trade Representative published on October 10, 2000, November 21, 2000, and December 15, 2000. The interim rule amended DFARS 252.225-7007 and DFARS 252.225-7021 to (1) remove Panama from the definition of "Caribbean Basin country", and (2) to clarify which Caribbean Basin country products are subject to duty-free treatment by adding the following paragraph (e) to both clauses:

     (e) The HTSUS [Harmonized Tariff Schedule of the United States] is available on the Internet at http://www.customs.ustreas.gov/impoexpo/impoexpo.htm. The following sections of the HTSUS provide information regarding duty-free status of articles specified in paragraph (a)(2)(ii)(A) of this clause:
          (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 Exported and Returned, Advanced or Improved Abroad, U.S. Note 7(b).
           (4) Section XXII, Chapter 98, Subchapter 98, Subchapter XX, Goods Eligible for Special Tariff Benefits Under the United States-Caribbean Basin Trade Partnership Act.

DOD received no comments on the interim rule, so it is finalizing the interim rule without change.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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