GAO And COFC Reach Opposite Conclusions In Determining Product Origin Under The TAA

The U.S. Court of Federal Claims and the U.S. Comptroller General have reached dramatically different conclusions on the determination of a product’s country of origin under the Trade Agreements Act, 19 USCA § 2501 et seq. Compare Klinge Corp., Comp. Gen. Dec. B 309930.2, 2008 CPD ¶ 102, with Klinge Corp. v. U.S., No. 08-134C (Fed. Cl. June 10, 2008). These two decisions highlight important principles on the substantive rule of origin, agency procedure for determining origin in the first instance, and standards for administrative or judicial review after contract award.

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