Section 889: Non-Merchandising/Goods Not For Resale Suppliers
Section 889: Non-Merchandising/Goods Not For Resale Suppliers
Published 02/22/2022, 03:20 PM
Last Update 02/25/2022, 06:18 PM
Overview of Section 889
What is Section 889?
Section 889 is part of the 2019 National Defense Authorization Act (NDAA). Section 889 prohibits the federal government from procuring covered equipment, systems or services from certain China-based companies and also prohibits the government from procuring from a business that uses such covered equipment or services. The legislation was passed to combat certain national security concerns that face the United States. The regulation contains two prohibitions: Sell (Part A) and Use (Part B). A Section 889 form is used to certify that a company (i) is not selling covered telecommunications equipment to the federal government, and (ii) does not use telecommunications equipment, products or services that uses covered telecommunications, equipment or services from the prohibited companies as a substantial or essential component of any system, or as critical technology as part of any system.
What are covered telecommunications equipment, products or services?
Section 889 establishes a prohibition on telecommunications or video surveillance equipment or services produced or provided by the following companies and their associated subsidiaries or affiliates:
1. Dahua Technology Company
2. Hangzhou Hikvision Digital Technology Company
3. Huawei Technologies Company
4. Hytera Communications Corporation
5. ZTE Corporation
1. Dahua Technology Company
2. Hangzhou Hikvision Digital Technology Company
3. Huawei Technologies Company
4. Hytera Communications Corporation
5. ZTE Corporation
Overview of 889 Compliance Process
What is Best Buy’s process for assessing compliance?
Best Buy is conducting a reasonable inquiry of its use and resale of prohibited covered telecommunications equipment, systems and services. We are contacting our suppliers and asking them to determine if any equipment, systems or services they sell or provide to Best Buy are produced from the five China-based companies or any of their respective affiliates and subsidiaries.
Supplier Certification:
Upon determination that a supplier is not selling nor providing any covered telecommunications equipment, systems or services to Best Buy, suppliers are asked to complete the Best Buy NDAA Section 889 Certification. The Certification should be returned to Best Buy no later than thirty (30) days from receipt of Best Buy’s request to complete the Section 889 certification. In addition, we request suppliers to continue to monitor their products and services offerings and notify us in writing within ten (10) days upon any future determination that any covered telecommunication equipment, systems or services they sell or provide to Best Buy contain component parts from the prohibited companies.
Supplier Unable to Complete Certification:
If a supplier is unable to complete the certification for any reason, including a determination that any equipment, systems or services you sell or provide to Best Buy is or contains covered telecommunications equipment, provide us with your reason(s) for not completing the certification including detailed information about the equipment, systems or services impacted.
Access the Certification Form
NDAA Certification Form
Section 889 FAQs
Suppliers have 30 days from receipt of Best Buy’s request to return the Section 889 certification to Best Buy.
If a supplier chooses not to complete the form for any reason, please inform Best Buy of your reasons by emailing Section889@bestbuy.com.
Send the certification to Section889@bestbuy.com. We will review the certification and determine the next steps.
Best Buy will retain the certification form as part of our reasonable inquiry.
If you have any questions or concerns not addressed on this page, please email Section889@bestbuy.com.