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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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