U.S. Customs and Border Protection has issued a final determination concerning the country of origin of platform software that may be offered to the U.S. government. Any party-at-interest may seek judicial review of this determination by June 23.
According to CBP, the item at issue is software that provides identity and credential management and high-assurance authentication solutions for the U.S. government. The software is built using a four-step process: (1) design and engineering efforts conducted in the United States, (2) source code development in India, (3) compilation of source code into executable object code in the U.S., and (4) securing the finished software in storage on Amazon Web Services for deployment to government customers.
In ruling HQ H342822 CBP concludes that the software is last substantially transformed in the U.S. CBP explains that it has consistently held that transforming source code into an executable program results in a substantial transformation.
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. For more information on BAA requirements or restrictions, please contact Mark Segrist or Mark Tallo.
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