IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 17 Feb 2009 | Removal date: 30 Sep 2010
Still in force

Public procurement access

Congress included a Buy American requirement in the 'American Recovery and Reinvestment Act of 2009' (designated as H.R.1, now Public Law 111-5), an omnibus measure that is better known as the stimulus package. Both houses of Congress approved the stimulus bill in January-February, 2009, which was then signed into law by President Obama on February 17, 2009.
The $787 billion stimulus bill generally requires that all of the iron, steel, and other manufactured goods used in the program (including $48 billion for transportation projects) be made in the United States. After the House of Representatives attached this amendment to the stimulus package it set off a heated domestic and international debate. In response to the administration's concerns over sending a protectionist message, the Senate amended the bill to specify that these provisions 'shall be applied in a manner consistent with United States obligations under international agreements.' That language remained in the final bill that President Obama signed into law.


The reference to 'obligations under international agreements' alludes to the fact that the United States discriminates in its government procurement practices between trading partners according to the agreements that they have signed. The World Trade Organization's Government Procurement Agreement (GPA) is a plurilateral undertaking, meaning that only those countries that signed it are subject to its disciplines and entitled to its benefits. The current signatories to the GPA consist primarily of industrialized countries. In addition to the GPA, the United States has also entered into reciprocal commitments with some of its free trade agreement partners; it is also U.S. law and practice to grant exceptions to the Buy American rules to beneficiary countries of the Caribbean Basin Initiative, as well as the least-developed countries. Among the more notable partners that do not enjoy the benefit of one or more of these exemptions are the so-called BRICs (i.e., Brazil, Russia, India, and China), as well as other developing and transition economies that have not signed the GPA nor reached FTAs with the United States.


The rules have been further elaborated upon by the Office of Management and Budget in its Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009 (April 3, 2009); by the Department of Defense, General Services Administration, and National Aeronautics and Space Administration in 'Federal Acquisition Regulation; FAR Case 2009-008, American Recovery and Reinvestment Act of 2009 (the Recovery Act)--Buy American Requirements for Construction Material,' Federal Register (March 31, 2009); and by the Federal Highway Administration in American Recovery and Reinvestment Act of 2009 Implementing Guidance (April 1, 2009).

Despite the Buy American rules described above, the law also includes a section demanding to apply it in line with the United States' international obligations. However, no such restriction applies to funds disbursed by the states rather than the federal government. This intervention may thus also affected FTA partners of the United States and the affected jurisdictions are marked accordingly.


Another and less-noticed provision of the law (section 604) generally requires that 'funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of' certain covered items unless 'grown, reprocessed, reused, or produced in the United States.' The items covered by this provision include clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof); tents, tarpaulins, covers, textile belts, bags, protective equipment (including but not limited to body armor), sleep systems, load carrying equipment (including but not limited to fieldpacks), textile marine equipment, parachutes, or bandages; cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.

 

There were some indications upon the enactment of the stimulus package that at least one of the BRICs might bring a formal challenge to the Buy American provisions in the Dispute Settlement Body of the WTO. That has not yet happened.

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

393 Metal wastes or scraps
7204 Ferrous waste and scrap; remelting scrap ingots of iron or steel.
720410 Waste and scrap of cast iron
720421 Of stainless steel
720429 Other
720430 Waste and scrap of tinned iron or steel
720441 Turnings, shavings, chips, milling waste, sawdust, filings, trimmings and stampings, whether or not in bundles
720449 Other
411 Basic iron & steel
7201 Pig iron and spiegeleisen in pigs, blocks or other primary forms.
720110 Nonalloy pig iron containing by weight 0.5 % or less of phosphorus
7202 Ferroalloys.
720211 Containing by weight more than 2 % of carbon
720219 Other
720221 Containing by weight more than 55 % of silicon
720229 Other
720230 Ferrosilicomanganese
720241 Containing by weight more than 4 % of carbon
720249 Other
720250 Ferrosilicochromium
720260 Ferronickel
720270 Ferromolybdenum
720280 Ferrotungsten and ferrosilicotungsten
720291 Ferrotitanium and ferrosilicotitanium
720292 Ferrovanadium
720293 Ferroniobium
720299 Other
7203 Ferrous products obtained by direct reduction of iron ore and other spongy ferrous products, in lumps, pellets or similar forms; iron having a minimum purity by weight of 99.94 %, in lumps, pellets or similar forms.
720310 Ferrous products obtained by direct reduction of iron ore
720390 Other
7205 Granules and powders, of pig iron, spiegeleisen, iron or steel.
720510 Granules
720521 Of alloy steel
720529 Other
7207 Semifinished products of iron or nonalloy steel.
720711 Of rectangular (including square) crosssection, the width measuring less than twice the thickness
720712 Other, of rectangular (other than square) crosssection
720719 Other
720720 Containing by weight 0.25 % or more of carbon
7218 Stainless steel in ingots or other primary forms; semifinished products of stainless steel.
721810 Ingots and other primary forms
721891 Of rectangular (other than square) crosssection
721899 Other
7224 Other alloy steel in ingots or other primary forms; semifinished products of other alloy steel.
722410 Ingots and other primary forms
722490 Other
412 Products of iron or steel
7208 Flatrolled products of iron or nonalloy steel, of a width of 600 mm or more, hotrolled, not clad, plated or coated.
720810 In coils, not further worked than hotrolled, with patterns in relief
720825 Of a thickness of 4.75 mm or more
720826 Of a thickness of 3 mm or more but less than 4.75 mm
720827 Of a thickness of less than 3 mm
720836 Of a thickness exceeding 10 mm
720837 Of a thickness of 4.75 mm or more but not exceeding 10 mm
720838 Of a thickness of 3 mm or more but less than 4.75 mm
720839 Of a thickness of less than 3 mm
720840 Not in coils, not further worked than hotrolled, with patterns in relief
720851 Of a thickness exceeding 10 mm
720852 Of a thickness of 4.75 mm or more but not exceeding 10 mm
720853 Of a thickness of 3 mm or more but less than 4.75 mm
720854 Of a thickness of less than 3 mm
720890 Other
7209 Flatrolled products of iron or nonalloy steel, of a width of 600 mm or more, coldrolled (coldreduced), not clad, plated or coated.
720915 Of a thickness of 3 mm or more
720916 Of a thickness exceeding 1 mm but less than 3 mm
720917 Of a thickness of 0.5 mm or more but not exceeding 1 mm
720918 Of a thickness of less than 0.5 mm
720926 Of a thickness exceeding 1 mm but less than 3 mm
720927 Of a thickness of 0.5 mm or more but not exceeding 1 mm
7210 Flatrolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated.
721011 Of a thickness of 0.5 mm or more
721012 Of a thickness of less than 0.5 mm
721030 Electrolytically plated or coated with zinc
721049 Other
721050 Plated or coated with chromium oxides or with chromium and chromium oxides
721061 Plated or coated with aluminiumzinc alloys
721070 Painted, varnished or coated with plastics
721090 Other
7211 Flatrolled products of iron or nonalloy steel, of a width of less than 600 mm, not clad, plated or coated.
721113 Rolled on four faces or in a closed box pass, of a width exceeding 150 mm and a thickness of not less than 4 mm, not in coils and without patterns in relief
721114 Other, of a thickness of 4.75 mm or more
721119 Other
721123 Containing by weight less than 0.25 % of carbon
721129 Other
721190 Other
7212 Flatrolled products of iron or nonalloy steel, of a width of less than 600 mm, clad, plated or coated.
721210 Plated or coated with tin
721220 Electrolytically plated or coated with zinc
721230 Otherwise plated or coated with zinc
721240 Painted, varnished or coated with plastics
721250 Otherwise plated or coated
721260 Clad
7213 Bars and rods, hotrolled, in irregularly wound coils, of iron or nonalloy steel.
721310 Containing indentations, ribs, grooves or other deformations produced during the rolling process
721320 Other, of freecutting steel
721391 Of circular crosssection measuring less than 14 mm in diameter
721399 Other
7214 Other bars and rods of iron or nonalloy steel, not further worked than forged, hotrolled, hotdrawn or hotextruded, but including those twisted after rolling.
721410 Forged
721420 Containing indentations, ribs, grooves or other deformations produced during the rolling process or twisted after rolling
721430 Other, of freecutting steel
721491 Of rectangular (other than square) crosssection
721499 Other
7215 Other bars and rods of iron or nonalloy steel.
721510 Of freecutting steel, not further worked than coldformed or cold finished
721550 Other, not further worked than coldformed or coldfinished
721590 Other
7216 Angles, shapes and sections of iron or nonalloy steel.
721610 U, I or H sections, not further worked than hotrolled, hotdrawn or extruded, of a height of less than 80 mm
721621 L sections
721631 U sections
721632 I sections
721633 H sections
721640 L or T sections, not further worked than hotrolled, hotdrawn or extruded, of a height of 80 mm or more
721650 Other angles, shapes and sections, not further worked than hot rolled, hotdrawn or extruded
721661 Obtained from flatrolled products
721669 Other
721691 Coldformed or coldfinished from flatrolled products
721699 Other
7217 Wire of iron or nonalloy steel.
721710 Not plated or coated, whether or not polished
721720 Plated or coated with zinc
721730 Plated or coated with other base metals
721790 Other
7219 Flatrolled products of stainless steel, of a width of 600 mm or more.
721911 Of a thickness exceeding 10 mm
721912 Of a thickness of 4.75 mm or more but not exceeding 10 mm
721913 Of a thickness of 3 mm or more but less than 4.75 mm
721914 Of a thickness of less than 3 mm
721921 Of a thickness exceeding 10 mm
721922 Of a thickness of 4.75 mm or more but not exceeding 10 mm
721923 Of a thickness of 3 mm or more but less than 4.75 mm
721931 Of a thickness of 4.75 mm or more
721932 Of a thickness of 3 mm or more but less than 4.75 mm
721933 Of a thickness exceeding 1 mm but less than 3 mm
721934 Of a thickness of 0.5 mm or more but not exceeding 1 mm
721935 Of a thickness of less than 0.5 mm
721990 Other
7220 Flatrolled products of stainless steel, of a width of less than 600 mm.
722011 Of a thickness of 4.75 mm or more
722012 Of a thickness of less than 4.75 mm
722020 Not further worked than coldrolled (coldreduced)
722090 Other
7221 Bars and rods, hotrolled, in irregularly wound coils, of stainless steel.
722100 Bars and rods, hotrolled, in irregularly wound coils, of stainless steel.
7222 Other bars and rods of stainless steel; angles, shapes and sections of stainless steel.
722211 Of circular crosssection
722219 Other
722220 Bars and rods, not further worked than coldformed or coldfinished
722230 Other bars and rods
722240 Angles, shapes and sections
7223 Wire of stainless steel.
722300 Wire of stainless steel.
7225 Flatrolled products of other alloy steel, of a width of 600 mm or more.
722511 Grainoriented
722519 Other
722530 Other, not further worked than hotrolled, in coils
722540 Other, not further worked than hotrolled, not in coils
722550 Other, not further worked than coldrolled (coldreduced)
722591 Electrolytically plated or coated with zinc
722592 Otherwise plated or coated with zinc
722599 Other
7226 Flatrolled products of other alloy steel, of a width of less than 600 mm.
722611 Grainoriented
722619 Other
722620 Of high speed steel
722691 Not further worked than hotrolled
722692 Not further worked than coldrolled (coldreduced)
722699 Other
7227 Bars and rods, hotrolled, in irregularly wound coils, of other alloy steel.
722710 Of high speed steel
722720 Of silicomanganese steel
722790 Other
7228 Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or nonalloy steel.
722810 Bars and rods, of high speed steel
722820 Bars and rods, of silicomanganese steel
722830 Other bars and rods, not further worked than hotrolled, hotdrawn or extruded
722840 Other bars and rods, not further worked than forged
722850 Other bars and rods, not further worked than coldformed or cold finished
722860 Other bars and rods
722870 Angles, shapes and sections
722880 Hollow drill bars and rods
7229 Wire of other alloy steel.
722920 Of silicomanganese steel
722990 Other
7301 Sheet piling of iron or steel, whether or not drilled, punched or made from assembled elements; welded angles, shapes and sections, of iron or steel.
730110 Sheet piling
730120 Angles, shapes and sections
7302 Railway or tramway track construction material of iron or steel, the following : rails, checkrails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (crossties), fishplates, chairs, chair wedges, sole plates
730210 Rails
730230 Switch blades, crossing frogs, point rods and other crossing pieces
730240 Fishplates and sole plates
730290 Other
7303 Tubes, pipes and hollow profiles, of cast iron.
730300 Tubes, pipes and hollow profiles, of cast iron.
7304 Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel.
730411 Of stainless steel
730419 Other
730422 Drill pipe of stainless steel
730423 Other drill pipe
730424 Other, of stainless steel
730429 Other
730431 Colddrawn or coldrolled (coldreduced)
730439 Other
730441 Colddrawn or coldrolled (coldreduced)
730449 Other
730451 Colddrawn or coldrolled (coldreduced)
730459 Other
730490 Other
7305 Other tubes and pipes (for example, welded, riveted or similarly closed), having circular crosssections, the external diameter of which exceeds 406.4 mm, of iron or steel.
730511 Longitudinally submerged arc welded
730512 Other, longitudinally welded
730519 Other
730520 Casing of a kind used in drilling for oil or gas
730531 Longitudinally welded
730539 Other
7306 Other tubes, pipes and hollow profiles (for example, open seam or welded, riveted or similarly closed), of iron or steel.
730611 Welded, of stainless steel
730619 Other
730621 Welded, of stainless steel
730629 Other
730630 Other, welded, of circular crosssection, of iron or nonalloy steel
730640 Other, welded, of circular crosssection, of stainless steel
730650 Other, welded, of circular crosssection, of other alloy steel
730661 Of square or rectangular crosssection
730669 Of other noncircular crosssection
730690 Other
7307 Tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel.
730711 Of nonmalleable cast iron
730719 Other
730721 Flanges
730722 Threaded elbows, bends and sleeves
730723 Butt welding fittings
730729 Other
730791 Flanges
730792 Threaded elbows, bends and sleeves
730793 Butt welding fittings
730799 Other
421 Structural metal products & parts
7308 Structures (excluding prefabricated buildings of heading 94.06) and parts of structures (for example, bridges and bridgesections, lockgates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors,
730810 Bridges and bridgesections
730820 Towers and lattice masts
730830 Doors, windows and their frames and thresholds for doors
730840 Equipment for scaffolding, shuttering, propping or pitpropping
730890 Other
422 Tanks, reservoirs & containers of iron, steel or aluminium
7309 Reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 l, whether or not lined or heatinsulated, but not fitted with mechanical or thermal equipment.
730900 Reservoirs, tanks, vats and similar containers for any material (other than compressed or liquefied gas), of iron or steel, of a capacity exceeding 300 l, whether or not lined or heatinsulated, but not fitted with mechanical or thermal equipment.
7311 Containers for compressed or liquefied gas, of iron or steel.
731100 Containers for compressed or liquefied gas, of iron or steel.
429 Other fabricated metal products
7310 Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 l, whether or not lined or heat insulated, but not fitted with mechanical or thermal equ
731010 Of a capacity of 50 l or more
731021 Cans which are to be closed by soldering or crimping
731029 Other
7312 Stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated.
731210 Stranded wire, ropes and cables
731290 Other
7313 Barbed wire of iron or steel; twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of a kind used for fencing, of iron or steel.
731300 Barbed wire of iron or steel; twisted hoop or single flat wire, barbed or not, and loosely twisted double wire, of a kind used for fencing, of iron or steel.
7314 Cloth (including endless bands), grill, netting and fencing, of iron or steel wire; expanded metal of iron or steel.
731412 Endless bands for machinery, of stainless steel
731414 Other woven cloth, of stainless steel
731419 Other
731420 Grill, netting and fencing, welded at the intersection, of wire with a maximum crosssectional dimension of 3 mm or more and having a mesh size of 100 cm² or more
731431 Plated or coated with zinc
731439 Other
731441 Plated or coated with zinc
731442 Coated with plastics
731449 Other
731450 Expanded metal
7315 Chain and parts thereof, of iron or steel.
731520 Skid chain
731581 Studlink
731582 Other, welded link
731589 Other
731590 Other parts
7316 Anchors, grapnels and parts thereof, of iron or steel.
731600 Anchors, grapnels and parts thereof, of iron or steel.
7317 Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 83.05) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper.
731700 Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 83.05) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper.
7318 Screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotterpins, washers (including spring washers) and similar articles, of iron or steel.
731811 Coach screws
731812 Other wood screws
731813 Screw hooks and screw rings
731814 Selftapping screws
731815 Other screws and bolts, whether or not with their nuts or washers
731816 Nuts
731819 Other
731821 Spring washers and other lock washers
731822 Other washers
731823 Rivets
731824 Cotters and cotterpins
731829 Other
7319 Sewing needles, knitting needles, bodkins, crochet hooks, embroidery stilettos and similar articles, for use in the hand, of iron or steel; safety pins and other pins of iron or steel, not elsewhere specified or included.
731940 Safety pins and other pins
731990 Other
7320 Springs and leaves for springs, of iron or steel.
732010 Leafsprings and leaves therefor
732020 Helical springs
732090 Other
7323 Table, kitchen or other household articles and parts thereof, of iron or steel; iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like, of iron or steel.
732310 Iron or steel wool; pot scourers and scouring or polishing pads, gloves and the like
732391 Of cast iron, not enamelled
732392 Of cast iron, enamelled
732393 Of stainless steel
732394 Of iron (other than cast iron) or steel, enamelled
732399 Other
7324 Sanitary ware and parts thereof, of iron or steel.
732410 Sinks and wash basins, of stainless steel
732421 Of cast iron, whether or not enamelled
732429 Other
732490 Other, including parts
7325 Other cast articles of iron or steel.
732510 Of nonmalleable cast iron
732591 Grinding balls and similar articles for mills
732599 Other
7326 Other articles of iron or steel.
732611 Grinding balls and similar articles for mills
732619 Other
732620 Articles of iron or steel wire
732690 Other
433 Bearings, gears, gearing & driving elements; parts
7315 Chain and parts thereof, of iron or steel.
731511 Roller chain
731512 Other chain
731519 Parts
448 Domestic appliances & parts
7321 Stoves, ranges, grates, cookers (including those with subsidiary boilers for central heating), barbecues, braziers, gasrings, plate warmers and similar nonelectric domestic appliances, and parts thereof, of iron or steel.
732111 For gas fuel or for both gas and other fuels
732119 Other, including appliances for solid fuel
732181 For gas fuel or for both gas and other fuels
732182 For liquid fuel
732189 Other, including appliances for solid fuel
732190 Parts
7322 Radiators for central heating, not electrically heated, and parts thereof, of iron or steel; air heaters and hot air distributors (including distributors which can also distribute fresh or conditioned air), not electrically heated, incorporating a motor
732211 Of cast iron
732219 Other
732290 Other

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