Made in the USA

The Federal Trade Commission (FTC) is responsible for the prevention of fraud and injustice on the market. The FTC Act authorizes the Commission, the measures of repression against the false or misleading, a product from the United States. Traditionally, the Commission requires that the product candidate, as Made in USA as “all or almost all” in the United States.

After a thorough examination of the USA Made in the USA and other original rights of American products on the market of advertising and labeling, the Commission announced in December 1997, it continues to contribute to the “all or almost all” by default. The Commission also has a statement concerning the duties of origin United States on guidelines for marketing, things are full requirement Made in USA “all or almost all standard and those that have a quality Made in USA claim.

This publication provides guidance on how to use the “all or almost all” default. It also offers some general information about the U.S. Customs Service of the application, all products of foreign origin, the United States with the name the country of origin.

This publication is the Federal Trade Commission staff of the appropriate law. It is not binding on the Commission. The application of the statement made by the FTC is at the end of the book.

Basic information on USA Maid in Claims

U.S. content must be disclosed to products, the United States?

U.S. content must be open to cars and textiles, wool, and fur. There is no law that most other products sold in the United States must be marked or Made in USA or other compromise of the amount of U.S. content. Producers and marketers who have data on the level of U.S. content in their products must be compatible with the FTC’s Made in USA policy.

What products, the FTC’s Made in USA for the policy?

The policy applies to all products advertised or sold in the United States, except those specifically sub-label of country of origin by other laws. Other countries have their own country of origin marking. Therefore, exporters must decide whether the country to which they export such an obligation.

What are the requirements of the statement in the execution?

The declaration is valid for the rights of United States origin, products and labeling, advertising and other publicity materials. The same is true for all other forms of marketing, including marketing through digital or electronic mechanisms, such as the Internet or e-mail.

A Made in USA can be stated either explicitly or implicitly.

Examples of explicit requests: Made in USA. “Our products are American-made.” “USA”.

In identifying implied claims to the Commission focuses on the general impression of advertising, labels or advertising material. Depending on the context, U.S. symbols or geographic indications (for example, U.S. flags, the United States described the maps, or references to sites of the US-Central or plants) may be a request from States united themselves or origin, in conjunction with other phrases or images.

Example: a company promotes their products in a message with a manager of the “true American quality” of work in the company of the U.S. plant. Admittedly, there is no explicit guarantee that the company is the product to the United States, – or not – print the display is to negotiate for consumers is that the product from United States.

Marks and

Normally, the Commission does not consider a manufacturer or distributor of using the American brand of the mark or as the United States at the outset. In addition, the Commission is not to interpret, to the simple collection of a U.S. address on a label lot is not known in one mode, as a claim of U.S. origin.

Example: A product is abroad by an American known. The fact that the company is headquartered in the United States is also well known. Brochures for the company to the foreign products prominent feature of the mark. The assumption that the mark is not specifically designated by the United States of origin (ie, is not the brand “Made in America, Inc.”), the trademark is not not a claim of U.S. origin.

Representations on the full range of products

Produces and markets not give, either explicitly or implicitly, that a whole range of products is the United States of origin ( “Our products are made in USA”), if only some products in the range are available in the United States after all-or – almost all “by default.

At the FTC before approving applications Made in USA?

The Commission did not intend to authorize or advertising legend. A company does not need the approval of the Commission, before being entitled Made in USA. Like most other advertising, a manufacturer or distributor for any claim, how long, as is the truth and justified.

The default value for maneuvering Claims Made in USA

What is the standard for a product with the name of Made in USA without qualification?

For a product with the name of Made in USA, or pretends that it is in production with no qualifications or limitations of the thesis, the product must be “all or almost all in the United States The term” United States ” the meaning of the execution declaration includes 50 states, the District of Columbia, United States and territories and possessions.

What is “all or virtually all” mean?

“All or almost all” means that all essential elements and processing, the product of the United States must be of U.S. origin. In other words, the product should not – or few – foreign content .

Cover is Made in USA claim?

If a manufacturer or distributor right, a product Made in USA, there should be – and includes: – a “base” in support of the request for now. In other words, a manufacturer or distributor requires competent and reliable evidence for the claim that their product “all or almost all in the United States

What are the factors the Commission will consider whether a product is “all or almost all in the United States?

The product from the processing or final assembly is done in the United States, the Commission believes that other factors, as much the product costs of production may be involved, the United States and treatment rooms, and beyond foreign content is from the finished product. In some cases, only a small portion of the costs of production are processed abroad, but the treatment is a quantity of treatment product total. The same procedure could also be some foreign elements. In these cases, the foreign content (processing of all or part) is more than trivial, and therefore unqualified claims are not likely.

Example: A company produces propane barbecue grill on a facility, Nevada. The product of the most important are the gas valve, burner and aluminum housing, which everyone in the United States to resolve the grill and the pipes are from Mexico. Full Made in USA claim is likely not deceptive because the knobs and tubes to do some significant part of all of products and production costs are negligible parts of the finished product.

Example: A desk lamp is in the United States by the United States Brass, an American-style Tiffany lamp, and an imported basis. The basis for a small percentage of the total costs for the lamp. Full Made in USA claim is deceptive, for two reasons: the base is not far enough in making the final product, little coherence and is an important part of the final product.

What are the objects should be produced and marketed in the analysis of the share of domestic production of content in a product?

Produces and markets the cost of goods sold or inventory costs of finished products, in its analysis. These costs are generally on the total cost of materials production, manufacturing direct labor and production overhead.

If the product markets and on information from U.S. suppliers on the level of domestic production of content in parts and components and other items, buy them and use them for their finished products?

If good faith, produces and markets may refer to information on suppliers of domestic content in the parts, components and other elements that produce them. Instead of considering that the seizure of 100% in the United States, however, produces and markets would be better to ask the supplier for specific information on the share of U.S. content before an American original in the claim.

Example: a U.S. food processors in their facilities, so most of the parts, including housing and blades, materials from the United States. The engine, 50% of the CPU power supply in production costs, is bought by an American supplier. The food processor manufacturer know that the engine is mounted in a U.S. plant. Although most parts of the processor in the United States are of U.S. origin, the final assembly line in the United States, and the engine is mounted in the United States, Food Processor n is not as “all or almost all” American-if the engine itself consists of imported parts, an important part of the entire production. Before using the product is Made in USA, producers should focus on the automotive, for more information on the original engine.

Example: the business, said: “Our company requires that suppliers to confirm the United States share in the content of products delivered. If you are unable or unwilling to such certification, we are not in your power. “Under this declaration, the sentence:” We confirm that our ___ ___% have at least U.S. content, “with room for companies in the product name and the United States share content. The company in general a certification to determine how the country of origin of the name of its product.

What’s new in the chain of production must be produced and markets?

To determine the proportion of U.S. content, produces and markets should still quite far enough in making sure that all foreigners had been contained in its assessment of the costs overseas. Foreign content at an early stage of the manufacturing process is often less important to consumers that the content is an integral part of the finished product or component or components of the immediate suppliers.

Example: The steel used for a single component of a complex product (eg, steel in the case of a computer, floppy drive) is a start in the manufacture of computer, and is probably a very small part of the finished product compared to the total cost. On the other hand, steel is a product like a pipe or a key is a direct and important contribution. Whether in a steel tube or an imported key is an important factor in the assessment, if the finished product “all or almost all in the United States

Are raw materials, the question of whether a product is “all or almost all in the United States?

It depends on how much fresh produce and raw materials far as the finished product, they are.

For example, if the gold in a gold ring is imported, full Made in USA claim to the ring is misleading. Because of the high value of gold, should be considered in relation to the finished product, and because gold – an integral part – is only a step backwards in finished products. However, the plastic in the case of a plastic clock radio from the United States, US-components. If the plastic was imported crude oil, a Made in USA claim may be appropriate, because the oil is sufficiently isolated from the finished product, and part of them are minor.

Claims qualified

What is a qualified Made in USA claim?

Quality Made in USA claim describes the scope, level or type of product content production or processing, but stresses that the product is not entirely original.

Example: “60% of U.S. content.” “Made in USA of U.S. and imported parts.” “Divan up in the United States by Mexican and Italian leather frame.”

When qualified Made in USA claim, is it adequate?

Quality Made in USA claim is for U.S. products, content or processing but not the criteria for an unrestricted right Made in USA. Indeed, information can mean more qualified internal content is available, the manufacturer or distributor of care, if such claims. It is a Bill of Rights, unless the product has a number of content-United States or the United States for processing. Quality Made in USA claim a total requirement, and the truth must be substantiated.

For example, an exercise of course is in the United States is mounting a lot of work and constitutes a “significant change” (a term, by the U.S. Customs Service). All carpet race important parts, including engine, frame and the electronic display, are imported. Some parts of his passing, that the drivers of the plastic-On / Off-key, and treadmills, manufactured in the United States, parts of about three percent of the total cost of all parties. Because the value of the U.S., which is negligible compared to the value of all the parties, a law on the treadmills, that “Made in USA of U.S. and parts” is misleading. An indication, as “Made in USA of imported parts” or “Assembled in USA” would not be misleading.

United States of origin of the rights to some process or part of

Argues that the manufacturing or other process, the United States or a party has been in the United States must be true, reasoned and clearly on the specific process or part and not on the overall safety of manufacture to avoid, is more content than the United States.

Produces and markets should be cautious about using general terms of sale, such as “Product”, “product” or “product” in the United States, that these words are not to transmit a message on a specific process. Additional qualification probably is necessary for a product that is not “all or almost all in the United States

In addition, if a product is of foreign origin (ie, it was considerably amended abroad), produces and markets also take care to respect the customs trademark statutes and regulations, such products to aid of a foreign country of origin. In addition, customs of the country of origin abroad, preceded by “Made in”, “product” or other words, if a town or place which is not the country of origin on the product.

For example, a company develops a product in New York City, sends the model to a plant in Finland, the manufacturing sector. It produces labels “Made in the USA – Made in Finland.” Such a request would be the treatment is not specific to a reasonable consumer to believe that the product has been in the U.S. The Customs administration should be to identify the product “Made in” or “Product of” Finland because the product is of Finnish origin and the claim on the United States for further examples of processing applications are: “Bound in the United States – Printed in Turkey.” “Sliced by hand in the United States – wood from the Philippines.” “Writing software in the United States – Hard of India.” “Drawing and fire in the United States. Blanks in (foreign country).”

Example: a business advertises its products, which was invented in Seattle and made in Bangladesh, as “Created in the United States.” This statement is misleading, because consumers are, for the interpretation of the concept of creation, such as Made in USA – United States of origin to an unlimited right.

For example, a computer, Korea, the United States United States in a corrugated cardboard box, inside the country and produced in the domestic market expanded polystyrene rigid plastic packaging. Made in USA indication on the packaging to deceive consumers about the origin of the product in the company but could be justified to say that qualified, such as computer, Made in Korea – pack Made in USA “.

Example: Acme company camera cameras in the U.S. The camera targets are manufactured in the United States, but most other parts are imported. An ad-Magazine of the camera is “Beware of the imported” and “high-end camera makers and other import parts, cheaper foreign labor. But Acme camera, we want only the highest quality of our cameras and we believe in American workers. That is why we have all our goals here in the U.S. “This announcement is to negotiate more than one product (the target) United States is of American origin. Suppliers must be prepared for most of the United States of origin in the law, if consumers view the display.

Comparative claims

Comparison information is true and justified, and in a form the basis for comparison clear (for example, if the report to another brand or an earlier version of the same product). You need the truth in the United States describe the content of the product and are based on a difference in the United States between the compared products.

For example, an ad for mobile phones provides that: “We use more U.S. content than any other manufacturer of mobile phone.” The manufacturer provides the phones in the United States by the United States and imported components and can demonstrate that the difference between the U.S. content of mobile phones and phones of other producers is important. This comparative law is not misleading.

For example, a product is known as “twice as much U.S. content as before.” The United States contained in the product was 2% in the previous version of 4% in the current version. This comparative law is misleading because the difference between the United States in the past and current versions of the product are insignificant.

Monté claims in the United States

A product which external devices can be called “Assembled in USA” without qualification is mounting the largest in the United States and mounting significantly. For “meetings” indication is only valid if the product at the recent “substantial” should be in the United States, is why a “screwdriver” assembly in the United States of foreign components in a produced at the end of the manufacturing process doesn ‘t, as a general rule, the assembly in the United States’ claim.

Example: A lawn mower, which is composed of all national parties with the exception of the cable sheath, steering wheel, rims and air filter (15 to 20% foreign content) is a United States of Unis “Assembled in the United States’ demand is reasonable.

Example: The main components of a computer, including motherboard and hard drive, are imported. The computer components are then set in a simple screwdriver “in the United States, does not reduce significantly the right by default, and it is a foreign country of origin.” Assembled in USA “without further qualification requirement misleading.

The FTC and the customs office

What the United States Customs authorities of the jurisdiction of countries of origin claims?

The rate law gives the Customs and the General Secretary of the Treasury the power to manage demand, the goods must be equipped with a foreign country of origin (for example: “Made in Japan”).

If a product contains imported material and / or treatment of more than one country, Customs considers that his home country for the last country in which a “substantial change” instead of. Customs defines “substance” as the manufacturing process that results in a new and different product with a new name, character and use, part of which already before the change. Customs is the country of origin provisions concerning the “substance” test on a case by case basis. In some cases, the duty is a “tariff shift” analysis similar to “essential” for the original product.

What is the interaction between the FTC and Customs on the requirements of the country of origin?

Even if it finds that the imported product does not need a brand of foreign origin, it is not permitted for the promotion of this product made in USA. The FTC believes that other factors in determining whether a product such as advertising or registered Made in USA.

Produces and markets to explore, with customs to see if they need for their products with country of origin. If they do not, they should be the standard the FTC to see if they are properly Made in USA claim.

The FTC has the legal jurisdiction of foreign origin on products and packaging, on the information required by the customs authorities (for example, asserts that need additional foreign origin labeling to indicate where additional processing or development of a product itself).

The FTC also has jurisdiction of foreign law in advertising and other publicity materials. Fully positive U.S. origin claims in advertising or other materials for the products of the customs duty on foreign-la-mark of origin, or may mislead consumers about the origin Product. In order to prevent consumers from being misled, marketing, it should be noted that, foreign affairs, the manufacture of a product.

For example, a TV fitted with a Korean American, is the cathode ray tube in the United States, Customs requires the television on the words “Made in Korea”, because that is where television has changed “significantly changed . The company World-Wide-Web-said: “Although our televisions are abroad, they always contain a screen of the United States.” This statement is not misleading. However, so that the sentence “All of our screens in the United States” – without disclosing the foreign origin of the production of television – a broader claim (for example, that television is to a large extent, United States), as may warrant. In other words, if the Declaration and the entire message, that all foreign content or processing is negligible, the advertiser must prove that the net debt or printing. Advertisers in this scenario would not be able to involve Made in USA claim because the product is “substantially changed” in Korea.

Other statutes

What are the other requirements of the Confederation with regard to the statutes of the country of origin?

Identification of textile products from wool fibers Labeling Act and the Act on products – a Made in USA label on most clothing and other textiles of wool or budget, if the final product in the United States has been established that the substance United States has been established, regardless where the elderly in the manufacture of materials (eg, son and fibers) of. Textiles, imported products must be identified as to the customs. A textile or wool product partially in the United States was established, and partly in another country, must be identified, as shown by both external and internal are.

On a garment with a neck, his country of origin, they are in front of a label attached to the center in the throat – or halfway between the shoulder blades seams or near a different label in the mid – neck. On a garment without the neck, and other categories of textile products, country of origin must be a conspicuous and easily accessible on the label inside or outside the product.

Catalogs and other advertising mail, materials for textile and wool products, including dissemination on the Internet, it is necessary to disclose if a product, the United States, established, or two.

The fur Labeling Act, the country of origin of furs to be disclosed on all labels and in advertising. For copies of textiles, wool or fur with the rules and regulations, or the new Business Education Guide to the identification requirements, you can call the FTC Consumer Response Center (202-382-4357). Or-visit the FTC online at www.ftc.gov. Click on Consumer Protection.

American Automobile Labeling Act – requires that each automobile, manufacturing, or after 1 October 1994 for sale in the United States with an open label, where the car was assembled, the part of the equipment, which is origin in the United States and Canada, and country of origin, the engine and gearbox. Any representation, a self-marketing to the extent necessary, the AALA is the policy of the Commission. If a company is advertising or promotions on the AALA requirements, it is the Commission’s standard. For more information, call the Consumer Programs Division National Highway Traffic Safety Administration (202-366-0846).

Buy American Act – requires that the product manufactured in the United States are over 50% U.S. elements to be included, Made in USA for government procurement are. For more information, see the Buy American Act 41 USC § § 10a-10c, the Federal Acquisition Regulations at 48 CFR Part 25, and the Trade Agreements Act, 19 USC § § 2501-2582.