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SUBPART 225.9--CUSTOMS AND DUTIES

(Revised August 31, 2000)

 

 



 225.901 Policy.
 225.902 Procedures.
 225.903 Exempted supplies.


225.901  Policy.

 

      (1)  Section XXII, Chapter 98, Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of the United States authorizes duty-free importation of defense supplies.

 

      (2)  19 U.S.C. 1309 authorizes duty-free importation of certain supplies (not including equipment) for vessels or aircraft operated by the United States (see FAR 25.903(b)).

 

      (3)  Unless the supplies are entitled to duty-free treatment under a special category in the Harmonized Tariff Schedule of the United States (e.g., the Caribbean Basin Economic Recovery Act or NAFTA), or unless the supplies already have entered into the customs territory of the United States and duty already has been paid, DoD will issue duty-free entry certificates for—

 

              (i)  Qualifying country supplies (end products and components) on all defense contracts;

 

              (ii)  Eligible products (end products but not components) on defense contracts subject to the Trade Agreements Act or NAFTA; and

 

              (iii)  Other foreign supplies, if there is reasonable assurance that the administrative and other costs of processing and controlling the certificates will not exceed the amount of duty that would be paid.

 

225.902  Procedures.

 

      (1)  General.

 

              (i)  Preaward.

 

                    (A)  Unless duty was paid prior to submission of the offer, an offer of domestic end products with no nonqualifying country components, an offer of qualifying country end products, or an offer of eligible products under the Trade Agreements Act or NAFTA, should not include duty.

 

                    (B)  Offers of U.S. made end products with nonqualifying country components, and offers that are neither qualifying country offers nor offers of eligible products under a trade agreement, should contain applicable duty.

 

                    (C)  Exclude from the evaluation of domestic end products, or information technology end products in Federal Supply Group 70 or 74 in acquisitions subject to the Trade Agreements Act, any duty for nonqualifying country components listed in the provision at 252.225-7003, Information for Duty-Free Entry Evaluation, for which duty-free entry will be granted.

 

                    (D)  Except for acquisitions of information technology end products in Federal Supply Group 70 or 74 subject to the Trade Agreements Act, apply the evaluation procedures for the Buy American Act in accordance with 225.502.

 

              (ii)  Award.  Exclude duty from the contract price for supplies (end products or components) that are to be accorded duty-free entry.  If duty-free entry is granted to the successful offeror in accordance with the clause at FAR 52.225-8, Duty-Free Entry, and the clause at 252.225-7003, Information for Duty-Free Entry Evaluation, request that the offeror provide the list of foreign supplies that are subject to such duty-free entry, and list such supplies in the contract clause at 252.225-7008, Supplies to be Accorded Duty-Free Entry.

 

              (iii)  Postaward.

 

                    (A)  Issue duty-free entry certificates for all qualifying country supplies in accordance with the policy at 225.901(3)(i) and the clause at 252.225-7009, Duty-Free Entry--Qualifying Country Supplies (End Products and Components); for all eligible products subject to trade agreements in accordance with the policy at 225.901(3)(ii) and the clause at 252.225-7037, Duty-Free Entry--Eligible End Products; and for other foreign supplies in accordance with the policy at 225.901(3)(iii) on contracts containing the clause at FAR 52.225-8, Duty-Free Entry; or (following to the extent practicable the procedures required by the clause at FAR 52.225-8, Duty-Free Entry, and the clause at 252.225-7010, Duty-Free Entry--Additional Provisions) on other contracts—

 

                          (1)  That fall within one of the following categories:

 

                              (i)  Direct purchases of foreign supplies under a DoD prime contract, whether title passes at point of origin or at destination in the United States, provided the contract states that the final price is exclusive of duty.

 

                              (ii)  Purchases of foreign supplies by a domestic prime contractor under a cost-reimbursement type contract or by a cost-reimbursement type subcontractor (where no fixed-price prime or fixed-price subcontract intervenes between the purchaser and the Government), whether title passes at point of origin or at destination in the United States.  If a fixed-price prime or fixed-price subcontract intervenes, follow the criteria stated in paragraph (a)(iii)(A)(1)(iii) of this section.

 

                              (iii)  Purchases of foreign supplies by a fixed-price domestic prime contractor, a fixed-price subcontractor, or a cost-type subcontractor where a fixed-price prime contract or fixed-price subcontract intervenes, provided the fixed-price prime contract and, where applicable, fixed-price subcontract prices are, or are amended to be, exclusive of duty;

 

                          (2)  For which the supplies so purchased will be delivered to the Government or incorporated in Government-owned property or in an end product to be furnished to the Government, and for which duty will be paid if such supplies or any portion are used for other than the performance of the Government contract or disposed of other than for the benefit of the Government in accordance with the contract terms; and

 

                          (3)  For which such acquisition abroad is authorized by the terms of the contract or subcontract or by the contracting officer.


                    (B)  Under a fixed-price contract, negotiate an equitable reduction in the contract price if duty-free entry is granted for any nonqualifying country component not listed in the Schedule as duty-free, even if contract award was based on furnishing a domestic component or a qualifying country component.

 

      (2)  Formal entry and release.

 

              (i)  The administrative contracting officer must—

 

                    (A)  Ensure that prime contractors are aware of and understand any Duty-Free Entry clause requirements.  Contractors should understand that failure by them or their subcontractors to include the data required by the clause will result in treatment of the shipment as without benefit of free entry under Section XXII, Chapter 98, Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of the United States.

 

                    (B)  Upon receipt of the required notice of purchase of foreign supplies from the contractor or any tier subcontractor—

 

                          (1)  Verify the duty-free entitlement of goods entering under the contract; and

 

                          (2)  Review the prime contract to ensure that performance of the contract requires the foreign supplies (quantity and price) identified in the notice.

 

                    (C)  Upon receipt of notification from the contractor that it is placing a foreign purchase that was not identified at the time of contract award—

 

                          (1)  Determine whether a reduction in the contract price is required under the clause at FAR 52.225-8, Duty-Free Entry;

 

                          (2)  If so, make an equitable adjustment in the contract price, unless the procuring contracting officer waives this adjustment;

 

                          (3)  Determine the price of the foreign supplies exclusive of duty, and advise the contractor that that amount will be the maximum dollar value of supplies for which duty-free entry certificates will be issued.

 

                    (D)  Within 20 days after receiving the notification of purchase of foreign supplies, forward the following information in the format indicated to the Commander, DCM New York, ATTN:  Customs Team, DCMDE-GNIC, 207 New York Avenue, Building 120, Staten Island, NY 10305-5013:

 

We have received a contractor notification of the purchase of foreign supplies.  I have verified that foreign supplies are required for the performance of the contract.  If required, the prime contract price has been or will be adjusted.

 

Prime Contractor Name and Address:

Prime Contractor CAGE Code:

Prime Contract Number plus Delivery Order Number, if applicable:

Total Dollar Value of the Prime Contract or Delivery Order:

Expiration Date of the Prime Contract or Delivery Order:

Foreign Supplier Name and Address:

Number of Subcontract/Purchase Order for Foreign Supplies:

Total Dollar Value of the Subcontract for Foreign Supplies:

Expiration Date of the Subcontract for Foreign Supplies:

CAO Activity Address Number:

ACO Name and Telephone Number:

ACO Code:

Signature:

Title:

 

                    (E)  If a contract modification results in a change to any data verifying duty-free entitlement previously furnished, forward a revised notification including the changed data to DCM New York.

 

              (ii)  The responsibility for issuing duty-free entry certificates for foreign supplies purchased under a DoD contract or subcontract rests with the Customs Team, DCMDE-GNIC, DCM New York.  Upon receipt of import documentation for incoming shipments from the contractor, its agent, or the U.S. Customs Service, DCM New York will verify the duty-free entitlement and execute the duty-free entry certificate.

 

              (iii)  Upon arrival of foreign supplies at ports of entry, the consignee, generally the contractor or its agent (import broker) for shipments to other than a military installation, will file U.S. Customs Form 7501, 7501A, or 7506, with the District Director of Customs.

 

      (3)  Immediate entry and release.  Importations made in the name of a DoD military facility or being shipped directly to a military facility are entitled to release under the immediate delivery procedure.

 

              (i)  A DoD immediate delivery application has been approved and is on file at Customs Headquarters.

 

              (ii)  The application is for an indefinite period and is good for all Customs districts, areas, and ports.

 

225.903  Exempted supplies.

 

      (b)(i)  The term “supplies”—

 

                    (A)  Includes articles known as “stores,” such as food, medicines, and toiletries, as well as all consumable articles necessary and appropriate for the propulsion, operation, and maintenance of the vessel or aircraft, such as fuel, oil, gasoline, grease, paint, cleansing compounds, solvents, wiping rags, and polishes.

 

                    (B)  Does not include portable articles necessary and appropriate for the navigation, operation, or maintenance of vessel or aircraft and for the comfort and safety of the persons on board, such as rope, bolts and nuts, bedding, china and cutlery, which are included in the term “equipment.”

 

              (ii)  The duty-free certificate shall be printed, stamped, or typed on the face of Customs Form 7501, or attached, and shall be executed by a duly designated officer or civilian official of the appropriate department or agency in the following form:

 

(Date)

__________________________

 

I certify that the acquisition of this material constituted a purchase of supplies by the United States for vessels or aircraft operated by the United States, and is admissible free of duty pursuant to 19 U.S.C. 1309.

 

(Name)

 

(Title)

 

(Organization)

 

 


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