Country of Origin & Buy America: DOD: Specialty Metals Restrictions

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 7: DOD: Specialty Metals

Initially part of the Berry Amendment, in 2007 Congress separately required the Department of Defense (DOD) to procure certain defense articles produced using specialty metals (including high-end steel and titanium) domestically. Accordingly, specialty metals procured by DOD (whether as an end-item or as a component in other products) generally must be melted in the U.S. or a qualifying country with which the DOD has a cooperative defense agreement. But Congress also requires DOD to purchase other types of metals – including tantalum and tungsten – from domestic sources. In Part 7 of this 9-part series, we discuss the regulations governing DODs acquisition of Specialty Metals, products containing Specialty Metals, and other DOD restrictions relating to rare metals like tantalum and tungsten.

In this session, we will cover:

• The scope of the Specialty Metals restrictions, including those types of programs to which the restrictions do not apply;
• Exceptions and waivers that might be available, allowing foreign-made content to be delivered, including “specialty metals” from certain qualifying countries;
• The scope of restrictions relating to the purchase of magnets, tantalum, and tungsten by DOD contractors;
• Best practices in managing compliance in your supply chain.