Best Buy: Section 889


As part of Best Buy’s inquiry to assess its compliance with Section 889 requirements, we are requesting vendors’ cooperation in completing the NDAA Section 889 Certification.

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Section 889 Overview and FAQ

Published 08/09/2021, 03:20 PM
Last Update 07/01/2022, 06:12 PM
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   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: Part A (sell) and Part B (use). 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 essential components of telecommunications equipment, products or services from the prohibited companies.


   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

 

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 and services. We are contacting our vendors and asking them to determine if any equipment, systems or services they sell to Best Buy are produced from the five China-based companies or any of their respective affiliates and subsidiaries.

   

   Vendor certification.

Upon determination that a vendor is not selling any covered telecommunications equipment to Best Buy, vendors 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 from receipt of Best Buy’s request to complete the Section 889 certification. In addition, we request vendors 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 or services they sell to Best Buy contain component parts from the prohibited companies.

 

   Vendor unable to complete certification.

If a vendor is unable to complete the certification for any reason, including a determination that any product you sell to Best Buy is or contains covered telecommunications equipment, provide us with your reason(s) for not completing the certification including detailed information about products impacted.
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Section 889 FAQs
 

Q: When is this Best Buy Certification due from the vendor partner?

A: Vendors have 30 days from receipt of Best Buy’s request to return the Section 889 certification to Best Buy.

Q: What if the vendor chooses not to complete the certification?

A: If a vendor chooses not to complete the form for any reason, please inform Best Buy of your reasons by emailing Section889@bestbuy.com.

Q: What if the vendor provides their own Section 889 Certification form?

A: Send the certification to Section889@bestbuy.com. We will review the certification and determine the next steps.

Q: What will Best Buy do with the certification form?

A: Best Buy will retain the certification form as part of our reasonable inquiry.

Q: Where can I go for more information?

A: If you have any questions or concerns not addressed in the FAQ, please email Section889@bestbuy.com.