Federal Government Invites Comment on Domestically Nonavailable Articles
Client Alert | less than 1 min read | 05.14.20
On May 13, 2020, the Federal Acquisition Regulatory (FAR) Council published an advance notice of proposed rulemaking inviting interested parties to submit information relevant to the periodic review of the FAR 25.104 list of domestically nonavailable articles exempt from the Buy American Act, either as end products or components. Companies have until July 13, 2020 to review their existing supply chains and identify articles or components that are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality for addition to the list.
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The U.S. Supreme Court’s February 20, 2026, opinion in Learning Resources. v. Trump (decided with Trump v. V.O.S. Selections), holding that the President lacks authority to impose tariffs under the International Emergency Economic Powers Act (IEEPA), is notable for many reasons — including its practical impact on the many U.S. companies who paid steep tariffs on global imports and may now be able to recover by filing suit before the Court of International Trade (CIT). That possibility and the key reasons for the High Court’s decision are discussed in our recent alert on this momentous decision.
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