Made In America, But Not 'Made In The USA'?

By Yohai Baisburd (July 27, 2017, 4:41 PM EDT) -- From the campaign trail to "Made in America" week, "Buy American" has been central to President Trump's economic vision. But what exactly does it mean to be "Made in America"? The easy (but incomplete) answer is simply to cite the Federal Trade Commission "Made in the USA" labeling rules. Under the FTC rules, to make an unqualified "Made in the USA" or "Made in America" claim, "all or virtually all" of the content must be U.S.-origin. It is not enough that the final product was manufactured in the United States but virtually all of the inputs have to be U.S.-origin too. But here is the rub: The federal government applies a different standard under "Buy American" government procurement rules, which generally only require 51 percent U.S.-content. As if those two rules were not enough, each U.S. free trade agreement has its own rules of origin to determine what products are considered "Made in America" and entitled to preferential treatment under those agreements. In short, it would not be fake news to report that the federal government and purchasers in other countries can "Buy American" even if the product cannot be labeled as "Made in the USA" for sale in the United States....

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!