FAR 52.225-8 Duty-Free Entry. Basic (Oct 2010)

As prescribed in 25.1101(e), insert the clause at 52.225-8, Duty-Free Entry, in solicitations and contracts for supplies that may be imported into the United States and for which duty-free entry may be obtained in accordance with 25.903(a), if the value of the acquisition—

(1) Exceeds the simplified acquisition threshold; or

(2) Does not exceed the simplified acquisition threshold, but the savings from waiving the duty is anticipated to be more than the administrative cost of waiving the duty. When used for acquisitions that do not exceed the simplified acquisition threshold, the contracting officer may modify paragraphs (c)(1) and (j)(2) of the clause to reduce the dollar figure.

Duty-Free Entry (Oct 2010)

(a) Definition. “Customs territory of the United States” means the States, the District of Columbia, and Puerto Rico.

(b) Except as otherwise approved by the Contracting Officer, the Contractor shall not include in the contract price any amount for duties on supplies specifically identified in the Schedule to be accorded duty-free entry.

(c) Except as provided in paragraph (d) of this clause or elsewhere in this contract, the following procedures apply to supplies not identified in the Schedule to be accorded duty-free entry:

   (1) The Contractor shall notify the Contracting Officer in writing of any purchase of foreign supplies (including, without limitation, raw materials, components, and intermediate assemblies) in excess of $15,000 that are to be imported into the customs territory of the United States for delivery to the Government under this contract, either as end products or for incorporation into end products. The Contractor shall furnish the notice to the Contracting Officer at least 20 calendar days before the importation. The notice shall identify the—

      (i) Foreign supplies;

      (ii) Estimated amount of duty; and

      (iii) Country of origin.

   (2) The Contracting Officer will determine whether any of these supplies should be accorded duty-free entry and will notify the Contractor within 10 calendar days after receipt of the Contractor’s notification.

   (3) Except as otherwise approved by the Contracting Officer, the contract price shall be reduced by (or the allowable cost shall not include) the amount of duty that would be payable if the supplies were not entered duty-free.

(d) The Contractor is not required to provide the notification under paragraph (c) of this clause for purchases of foreign supplies if—

   (1) The supplies are identical in nature to items purchased by the Contractor or any subcontractor in connection with its commercial business; and

   (2) Segregation of these supplies to ensure use only on Government contracts containing duty-free entry provisions is not economical or feasible.

(e) The Contractor shall claim duty-free entry only for supplies to be delivered to the Government under this contract, either as end products or incorporated into end products, and shall pay duty on supplies, or any portion of them, other than scrap, salvage, or competitive sale authorized by the Contracting Officer, diverted to nongovernmental use.

(f) The Government will execute any required duty-free entry certificates for supplies to be accorded duty-free entry and will assist the Contractor in obtaining duty-free entry for these supplies.

(g) Shipping documents for supplies to be accorded duty-free entry shall consign the shipments to the contracting agency in care of the Contractor and shall include the—

   (1) Delivery address of the Contractor (or contracting agency, if appropriate);

   (2) Government prime contract number;

   (3) Identification of carrier;

   (4) Notation “UNITED STATES GOVERNMENT, _____ [agency] _____, Duty-free entry to be claimed pursuant to Item No(s) _____ [from Tariff Schedules] _____, Harmonized Tariff Schedules of the United States. Upon arrival of shipment at port of entry, District Director of Customs, please release shipment under 19 CFR Part 142 and notify [cognizant contract administration office] for execution of Customs Forms 7501 and 7501-A and any required duty-free entry certificates.”;

   (5) Gross weight in pounds (if freight is based on space tonnage, state cubic feet in addition to gross shipping weight); and

   (6) Estimated value in United States dollars.

(h) The Contractor shall instruct the foreign supplier to—

   (1) Consign the shipment as specified in paragraph (g) of this clause;

   (2) Mark all packages with the words “UNITED STATES GOVERNMENT” and the title of the contracting agency; and

   (3) Include with the shipment at least two copies of the bill of lading (or other shipping document) for use by the District Director of Customs at the port of entry.

      (i) The Contractor shall provide written notice to the cognizant contract administration office immediately after notification by the Contracting Officer that duty-free entry will be accorded foreign supplies or, for duty-free supplies identified in the Schedule, upon award by the Contractor to the overseas supplier. The notice shall identify the—

   (1) Foreign supplies;

   (2) Country of origin;

   (3) Contract number; and

   (4) Scheduled delivery date(s).

(j) The Contractor shall include the substance of this clause in any subcontract if—

   (1) Supplies identified in the Schedule to be accorded duty-free entry will be imported into the customs territory of the United States; or

   (2) Other foreign supplies in excess of $15,000 may be imported into the customs territory of the United States.

(End of clause)
 

(j) The Contractor shall include the substance of this clause in any subcontract if-- (1) Supplies identified in the Schedule to be accorded duty-free entry will be imported into the customs territory of the United States; or 2) Other foreign supplies in excess of $15,000 may be imported into the customs territory of the United States.

Mandatory (Exception);
Services ✖ (Applies when (1) Supplies identified in the Schedule to be accorded duty-free entry will be imported into the customs territory of the United States; or 2) Other foreign supplies in excess of $15,000 may be imported into the customs territory of the United States.)
⚠ <252.225-7013 Basic

52.209-1 Qualification Requirements.

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use.

52.211-16 Variation in Quantity.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.

52.225-1 Buy American—Supplies

52.225-11 Buy American—Construction Materials under Trade Agreements.

52.225-23 Required Use of American Iron, Steel, and Manufactured Goods-Buy American Statute-Construction Materials under Trade Agreements.

52.225-3 Buy American—Free Trade Agreements-Israeli Trade Act.

52.225-5 Trade Agreements.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-9 Buy American—Construction Materials.

52.227-19 Commercial Computer Software License.

52.227-20 Rights in Data—SBIR Program.

52.246-11 Higher-Level Contract Quality Requirement.

52.246-15 Certificate of Conformance.

52.247-36 F.a.s. Vessel, Port of Shipment.

52.247-37 F.o.b. Vessel, Port of Shipment.

52.247-38 F.o.b. Inland Carrier, Point of Exportation.

52.247-39 F.o.b. Inland Point, Country of Importation.

52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation.

52.247-41 C.&F. Destination.

52.247-42 C.i.f. Destination.

52.247-43 F.o.b. Designated Air Carrier’s Terminal, Point of Exportation.

52.247-44 F.o.b. Designated Air Carrier’s Terminal, Point of Importation.

52.247-51 Evaluation of Export Offers.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.246-26 Reporting Nonconforming Items.

252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten.

252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material.

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations.

252.217-7001 Surge Option.

252.217-7026 Identification of Sources of Supply.

252.225-7001 Buy American and Balance of Payments Program.

252.225-7013 Duty-Free Entry.

252.225-7018 Photovoltaic Devices—Certificate.

252.225-7038 Restriction on Acquisition of Air Circuit Breakers.

252.225-7044 Balance of Payments Program--Construction Material.

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements.

252.229-7001 Tax Relief.

252.229-7002 Customs Exemptions (Germany).

252.239-7017 Notice of Supply Chain Risk.

252.239-7018 Supply Chain Risk.

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System.

252.225-7017 Photovoltaic Devices.

252.225-7021 Trade Agreements.

252.225-7036 Buy American—Free Trade Agreements--Balance of Payments

1852.225-8 Duty-Free Entry of Space Articles.

1852.235-73 Final Scientific and Technical Reports.

1852.242-73 NASA Contractor Financial Management Reporting.

1852.245-73 Financial reporting of NASA property in the custody of contractors.

1852.246-71 Government Contract Quality Assurance.

1852.247-73 Bills of Lading.

5252.211-9507 PERIOD OF PERFORMANCE (NAVAIR)

5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999)

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.247-9517 PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-MANUFACTURED WOOD PACKING MATERIALS (NAVAIR) (FEB 2002)

5252.204-9501 National Stock Numbers (NAVAIR) (Mar 2007)

5252.247-9507 Packaging and Marking of Reports (NAVAIR)

5252.247-9508 Prohibited Packing Materials (NAVAIR)

5252.247-9509 Preservation, Packaging, Packing, and Marking (NAVAIR) (Jul 1998)

5252.247-9510 Preservation, Packaging, Packing, and Marking for Foreign Military Sales (FMS) Requirements (NAVAIR) (Oct 2005)

5252.247-9514 Technical Data Packing Instructions (NAVAIR)

5252.225-9506 VERIFICATION OF "SHIP TO" AND/OR "NOTICE OF AVAILABILITY" ADDRESS (NAVAIR)

5252.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR)

5252.232-9522 TRANSPORTATION ACCOUNT CODES (NAVAIR)

5352.217-9000 Long Lead Limitation of Government Liability

5152.247-5900 Inbound/Outbound Cargo and Contractor Equipment Census

5152.225-5914 Commodity Shipping Instructions

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

552.211-13 Time Extensions.

552.211-73 Marking.

552.211-75 Preservation, Packaging and Packing.

552.211-76 Charges for Packaging , Packing, and Marking.

552.211-77 Packing List.

552.211-79 Acceptable Age of Supplies.

552.211-80 Age on Delivery.

552.211-81 Time of Shipment.

552.211-83 Availability for Inspection, Testing, and Shipment/Delivery.

552.211-85 Consistent Pack and Package Requirements.

552.211-86 Maximum Weight per Shipping Container.

552.211-87 Export Packing.

552.211-88 Vehicle Export Preparation.

552.211-89 Non-Manufactured Wood Packaging Material for Export.

552.211-90 Small Parts.

552.211-91 Vehicle Decals, Stickers, and Data Plates.

552.211-92 Radio Frequency Identification (RFID) Using Passive Tags.

552.211-94 Time of Delivery.

552.242-70 Status Report of Orders and Shipments.

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.246-71 Source Inspection by Government.

552.246-72 Final Inspection and Tests.

552.246-77 Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature.

552.246-78 Inspection at Destination.

652.247-70 Notice of Shipments.

652.247-71 Shipping Instructions

752.247-70 Preference for privately owned U.S.-flag commercial vessels.

952.211-70 Priorities and allocations for energy programs (solicitations).

952.211-71 Priorities and allocations for energy programs (contracts).

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