---
kind: "section"
citation: "2 C.F.R. § 1326.215"
title: "2"
number: "1326.215"
heading: "Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions?"
url: "https://uscodex.org/cfr/2/1326.215"
---

# §1326.215. Which nonprocurement transactions, in addition to those listed in 2 CFR 180.215, are not covered transactions?

- (a) For purposes of the Department of Commerce, a transaction that the Department needs to respond to a national or agency-recognized emergency or disaster includes the Fisherman's Contingency Fund.
- (b) For purposes of the Department of Commerce, an incidental benefit that results from ordinary governmental operations includes:
  - (1) **Export Promotion, Trade Information and Counseling, and Trade policy.**
  - (2) **Geodetic Surveys and Services (Specialized Services).**
  - (3) **Fishery Products Inspection Certification.**
  - (4) **Standard Reference Materials.**
  - (5) **Calibration, Measurement, and Testing.**
  - (6) **Critically Evaluated Data (Standard Reference Data).**
  - (7) **Phoenix Data System.**
  - (8) **The sale or provision of products, information, and services to the general public.**
- (c) For purposes of the Department of Commerce, any other transaction if the application of an exclusion to the transaction is prohibited by law includes:
  - (1) **The Administration of the Anti-dumping and Countervailing Duty Statutes.**
  - (2) **The export Trading Company Act Certification of Review Program.**
  - (3) **Trade Adjustment Assistance Program Certification.**
  - (4) **Foreign Trade Zones Act of 1934, as amended.**
  - (5) **Statutory Import Program.**

## Notes

### Authority

Authority: 5 U.S.C. 301; Sec. 2455, Pub. L. 103-355, 108 Stat. 3327; E.O. 12549, 3 CFR, 1986 Comp., p. 189; E.O. 12689, 3 CFR, 1989 Comp., p. 235.

### Source

Source: 71 FR 76574, Dec. 21, 2006, unless otherwise noted.