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Expert Analysis

A Wake-Up Call For Those Claiming 'Made In USA' Products

Law360, New York (March 16, 2017, 4:58 PM EDT) -- A recent ruling by the U.S. Court of International Trade ("CIT") has important implications for importers and manufacturers making "Made in USA" claims for products made of imported components. While the case concerned compliance with the Buy America provision of the Trade Agreements Act of 1979 ("TAA") by a government contractor, the CIT action can be used in any country of origin analysis with imported components. In Energizer Battery Inc. v. United States, 190 F. Supp. 3d 1308 (Ct. Intl. Trade 2016), the court ruled that mere assembly of foreign component parts does not constitute substantial transformation and the resulting product cannot be considered to be of U.S. origin....

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