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CBP Identifies Country of Origin for Data Protection Software

Monday, February 22, 2016
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection has issued a final determination concerning the country of origin of data protection software products that may be offered to the U.S. government under an undesignated government procurement contract. Any party-at-interest may seek judicial review of this determination by March 23. CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. government.

The data protection software in question is developed to help prevent identity theft and protect against threats to data integrity. Each of the four versions of this software are produced using the same three-step process that essentially involves writing the source code in Malaysia, compiling the source code into usable object code in the U.S. and installing the finished software on U.S.-origin discs in the U.S.

CBP holds in ruling HQ H268858 that the country of origin of this software for purposes of U.S. government procurement is the U.S. CBP explains that compiling source code into usable object code is necessary for the software to be properly executed by a computer and thus substantially transforms the software into a new article with a new name, character and use.

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