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Expert Analysis

Acetris Case Clarifies Definition Of 'US-Made End Product'

By Stephen Ruscus and Donna Lee Yesner (July 13, 2018, 11:52 AM EDT) -- The U.S. Court of Federal Claims issued a decision in Acetris Health LLC v. United States on July 10, 2018,[1] invalidating U.S. Department of Veterans Affairs and U.S. Department of Defense interpretations of the trade agreements clause, 48 C.F.R. § 52.225-5, which had resulted in the agencies prohibiting offers of pharmaceuticals classified as domestic end products under the Buy American Act[2] if they were determined to be products of India or China (or other nonfavored countries) under the Trade Agreements Act,[3] which prohibits U.S. purchases of such products unless eligible products are unavailable....

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