§ 2518. Definitions
As used in this subchapter—
(2)
Civil aircraft
The term “civil aircraft and related articles” means—
(A)
all aircraft other than aircraft to be purchased for use by the Department of Defense or the United States Coast Guard;
(D)
any ground flight simulators, and parts and components thereof, for use with respect to such aircraft,
whether to be purchased for use as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification, or conversion of such aircraft, and without regard to whether such aircraft or articles receive duty-free treatment pursuant to section
601
(a)(2).
(3)
Developed countries
The term “developed countries” means countries so designated by the President.
(4)
Eligible product
(A)
In general
The term “eligible product” means, with respect to any foreign country or instrumentality that is—
(i)
a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;
(ii)
a party to the North American Free Trade Agreement, a product or service of that country or instrumentality which is covered under the North American Free Trade Agreement for procurement by the United States;
(iii)
a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
(iv)
a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
(v)
a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
(B)
Rule of origin
An article is a product of a country or instrumentality only if
(ii)
in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.
(C)
Lowered threshold for certain products as a consequence of United States-Israel free trade area provisions
The term “eligible product” includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under—
(D)
Lowered threshold for certain products as a consequence of United States-Canada Free-Trade Agreement
Except as otherwise agreed by the United States and Canada under paragraph 3 of article 1304 of the United States-Canada Free-Trade Agreement, the term “eligible product” includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.
(5)
Instrumentality
The term “instrumentality” shall not be construed to include an agency or division of the government of a country, but may be construed to include such arrangements as the European Economic Community.
(6)
Least developed country
The term “least developed country” means any country on the United Nations General Assembly list of least developed countries.
(7)
Major industrial country
The term “major industrial country” means any such country as defined in section
2136 of this title and any instrumentality of such a country.