Country of Origin & Buy America: Customs and “Made in the U.S.A.” Labeling

Country of Origin & Buy America: Buy American Act Series 2025

Doing business with the government – not just the U.S. Government, but also state and local governments – requires companies to operate in a highly regulated arena. In recent years, the government has placed significant emphasis on contractor supply chains, including through the imposition of ever-growing and evolving domestic preferences and country of origin requirements.

Commonly referred to as “Buy America” requirements, there is no single statute or regulation governing country of origin requirements, with specific requirements changing based on a variety of factors – including contract size, type of materials purchased, the purchasing entity, and even the nature of the procurement itself. To make matters even more complicated, in certain instances “Buy America” requirements yield to international agreements, placing the U.S. free trade partners on equal footing with U.S.-based companies.

How can you know what is and what is not acceptable under your contract? How can you ensure that you are not falsely certifying compliance with a country of origin requirement that you do not understand? Join David Gallacher (Kutak Rock LLP) and Ariel Debin (Sheppard Mullin LLP) as we explore these questions in this comprehensive 9-part series navigating the complicated “Buy America” maze and exploring in depth the most common country of origin requirements under government contracts.

Throughout this series, attendees will learn about:

• The various “Buy America” and “Buy American” regimes, including recent updates over the last year;
• Country of origin tests adopted by U.S. Federal agencies, including the requirement to “manufacture” or “substantially transform” a manufactured product in a specific country;
• Requirements unique to federally-funded Infrastructure and grant programs, including new requirements imposed by the Build America, Buy America (BABA) Act and longstanding requirements under federally-funded transportation projects;
• Special rules uniquely applicable to Defense Programs, like the Berry Amendment and Specialty Metals restrictions;
• Exceptions and waivers that may be available for non-conforming products;
• The differences between a “Buy American” certification and a “Made in the U.S.A.” label on product packaging;
• How sanctions and other prohibited sources rules can affect your country of origin compliance; and
• Compliance best practices for government contractors, including tips to lower the risks of False Claims Act violations and other false certifications, exploring real-world examples.

Country of Origin & Buy America 2025 Series
Second Wednesday of the Month, 10:00-11:30am ET

• January 8 – Buy American Act
• February 12 – Trade Agreements Act
• March 12 – Build America, Buy America and Other Federal Grant Programs
• April 9 – Buy America Requirements under Federally-Funded Transportation Contracts and Programs
• May 14 – Customs and “Made in the U.S.A.” Labeling
• June 11 – DOD: The Berry Amendment
• July 9 – DOD: Specialty Metals Restrictions
• August 13 – “Buy America” Round-Up: Additional Country of Origin Requirements
• September 10 – Sanctions and other Prohibited Sources

Session 5: Customs and “Made in the U.S.A.” Labeling

The Federal Trade Commission (FTC) is responsible for preventing deceptive and unfair advertising in the U.S. marketplace, and the FTC has authority to bring enforcement actions against false or misleading claims of a product’s U.S. origin. In other words, there is no legal requirement that a product be labeled as “Made in the U.S.A.” Rather, companies generally are prohibited from making such claims unless they meet the standards set forth by the FTC. These rules are similar to those covering the labeling of product imported into the U.S., but they are not identical. And, perhaps most importantly, just because a product satisfies a “Buy America” requirement, it does not mean that manufacturers can label a product as “Made in the U.S.A.” In Part 5 of this 9-part series, we discuss the FTC’s “Made in the U.S.A.” labeling requirements and other country of origin determinations made by U.S. Customs.

In this session, we will cover:

• FTC regulatory requirements relating to product labeling;
• Differences between FTC advertising requirements and other “Buy America” certification requirements;
• Best practices when labeling products imported to or exported from the U.S.