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Updated Frequently Asked Questions Specialty Metals 05-04 …

1 Frequently Asked Questions Regarding the Specialty Metals Restriction under 10 2533b As of July 29, 2009 CAUTION: THESE FA QS ARE FOR GENERAL INFO RMATION AND ARE NOT DEFINITIVE. THE STATUTE AND REGULATIONS SHOULD ALWAYS BE REVIEWED FOR THE DEFINITIVE RULES THAT APPLY TO INDIVIDUAL FACT SITUATIONS. ADDITIONALLY, THESE FAQS DO NOT TAKE INTO ACCOUNT ANY RESTRICTIONS REQUIRED TO COMPLY WITH EXPORT CONTROL LAWS SUCH AS THE ITAR OR EARS. General Questions : Q1. What is the history of this domestic preference restriction? A1. The Specialty Metals restriction was originally added to the Berry Amendment in 1972, and was included annually in DoD Authorization Acts. It was codified in 10 2533a in 2002 by section 832 of Public Law 107-107. On October 17, 2006, the President signed the National Defense Authorization Act for Fiscal Year 2007. Under this Act, Section 842 moved the Specialty Metals r estriction from 10 2533a to 10 2533b, with revisions.

3 sufficient quantity, and in the required form, cannot be procured as and when needed. See the definition of “in the required form” at DFARS 252,225-7009(a)(10).

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