IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

Yes

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 23 Mar 2018 | Removal date: 30 Sep 2018
Still in force

Public procurement localisation

On March 23, 2018 President Trump signed into law the Consolidated Appropriations Act, 2018 (H.R.1625), which is now Public Law No. 115-141. The bill generally makes appropriations for operations of the Federal government through the fiscal year ending September 30, 2018. It includes numerous separate provisions requiring Buy-American policies for specific types of procurement, all of which appear to be reiterations of similar provisions made in previous fiscal years. Most of the items summarized below include language that permits the relevant authority to waive the requirement in certain circumstances, such as findings that the requirement would be inconsistent with the public interest; the items in question are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality, or would be inconsistent with U.S. obligations under international agreements.

Section 746 provides that no Federal funds will be made available for rural water, waste water, waste disposal, and solid waste management programs for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. The term ‘‘iron and steel products’’ means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

Under Section 506, if it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘‘Made in America’’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act. The provision further states that, to the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions.

Section 8016 requires that any welded shipboard anchor and mooring chain 4 inches in diameter and under purchased by the Department of Defense must be manufactured in the United States from components which are substantially manufactured in the United States.

Under Section 8017 the Department of Defense may not procure malt beverages and wine for resale on a military installation located in the United States unless such malt beverages and wine are procured within that State.

Section 8025 provides that no funds shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada.

Section 8028 provides that if the Secretary of Defense determines that a foreign country which is party to a trade agreement has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.

Section 8050 specifies that no funds may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers.

An unnumbered provision appropriates funds for the Secret Service to purchase motorcycles made in the United States.

Under Section 424, funds made available by a State water pollution control revolving fund for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works must purchase iron and steel products that are produced in the United States. This means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

Under Section 112, none of the funds for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, That this section shall not be applicable to contract awards for which the lowest responsive and responsible bid of a United States contractor exceeds the lowest responsive and responsible bid of a foreign contractor by greater than 20 percent:

Section 511 specifies that none of the funds made available in this Act may be used in contravention of the applicable provisions of the Buy American Act.

 

AFFECTED COUNTRIES

MAP
TABLE
EXPORT

AFFECTED SECTORS AND PRODUCTS

242 Wines
2204 Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09.
220410 Sparkling wine
220421 In containers holding 2 l or less
220429 Other
243 Malt liquors & malt
2203 Beer made from malt.
220300 Beer made from malt.
373 Refractory products & structural non-refractory clay products
3816 Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01.
381600 Refractory cements, mortars, concretes and similar compositions, other than products of heading 38.01.
412 Products of iron or steel
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
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
730590 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
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
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.
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
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.
432 Pumps, compressors, hydraulic & pneumatic power engines; parts
8481 Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like, including pressurereducing valves and thermostatically controlled valves.
848110 Pressurereducing valves
848120 Valves for oleohydraulic or pneumatic transmissions
848130 Check (nonreturn) valves
848140 Safety or relief valves
848180 Other appliances
848190 Parts
433 Bearings, gears, gearing & driving elements; parts
7315 Chain and parts thereof, of iron or steel.
731511 Roller chain
731512 Other chain
731519 Parts
452 Computing machinery & parts
8471 Automatic data processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included.
847149 Other, presented in the form of systems
499 Other transport equipment & parts
8711 Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without sidecars; sidecars.
871110 With reciprocating internal combustion piston engine of a cylinder capacity not exceeding 50 cc
871120 With reciprocating internal combustion piston engine of a cylinder capacity exceeding 50 cc but not exceeding 250 cc
871130 With reciprocating internal combustion piston engine of a cylinder capacity exceeding 250 cc but not exceeding 500 cc
871140 With reciprocating internal combustion piston engine of a cylinder capacity exceeding 500 cc but not exceeding 800 cc
871150 With reciprocating internal combustion piston engine of a cylinder capacity exceeding 800 cc
871190 Other

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