[globalcontactasp/_private/NAVBAR.HTM]

Federal Laws on "MADE IN THE U.S.A." Labeling

Federal Laws on "MADE IN THE U.S.A." Labeling

The views expressed are those of the author and do not necessarily reflect the views of any department or agency of the Federal Government.

I. Article 5 of the Federal Trade Commission Act, 15 U.S.C.  45

The Federal Trade Commission Act is a consumer protection statute whereby any false or misleading representations as to the origin of a commodity constitutes an unfair or deceptive practice in commerce.

The rationale for the rules stem from the belief that the public sometimes prefers domestic over foreign products and will assume a product is of domestic origin unless stated otherwise. Consequently, the public is deceived if not informed of foreign origin.

II. Customs vs. FTC Jurisdiction

Customs has jurisdiction over foreign articles entering the U.S. customs territory. Customs determines origin, and whether the good is properly labeled under the substantial transformation rule and other judicial and administratively created rules.

The FTC then has jurisdiction over the proper labeling of goods that have undergone substantial
transformation in the United States pursuant to the rules set out below.

III. FTC Practice

No statutes or regulations govern specific labeling requirements with regard to FTC labeling requirements (with certain exceptions referenced below). FTC practice is completely administrative (advisory & staff opinions). For purposes of determining if a product may be labeled "made in the U.S.A." or an equivalent expression, the FTC employs the following cost analysis:

1. 100% U.S. - If the product is 100% U.S. parts and labor, it may be labeled as "Made in the U.S.A." or any equivalent expression.

2. 100% Foreign - If the product is entirely of foreign origin it must be labeled with a foreign country of origin label pursuant to Customs jurisdiction.

3. 50% or More U.S. - If more than 50% of the value of the product (parts plus labor) is U.S., the manufacturer may:

(i) remain completely silent about country of origin (thereby not deceiving the public); or
(ii) provide an accurate disclosure of foreign component parts, i.e., "Made in the U.S.A. of American and X country component parts". [in other words, if less than 50% of the value is foreign, it is not considered to be deceptive to remain silent, but if disclose anything, must disclose it all.]

4. 50% or More Foreign - If more than 50% of the value of the product is foreign, the manufacturer must accurately disclose the foreign component parts "Made in U.S.A. of American, Taiwanese and Chinese parts".

5. 50%-50% Split - No advisory opinion has been issued regarding a 50%-50% split of U.S. and foreign value. According to the FTC, given the nature of a complete cost breakdown (parts plus labor), it is unlikely that an exact 50-50 split would occur.

IV. Enforcement

1. Federal Trade Commission Act - Pursuant to Article 5 of the FTC Act, the FTC may issue a cease and desist order requiring a person using unfair or deceptive acts or practices in commerce to cease and desist from using such act or practice found to be unlawful. Such order is subject to review by the U.S. Court of Appeals. If a person violates a final order by the Commission, a fine not to exceed $10,000 for each violation may be levied.

2. Lanham Trade Mark Act, 15 U.S.C.  1125 (1993)

-- Provides a private right of action against another private party for false declaration of origin or any false description or representation with regard to goods entering commerce if it is likely to cause confusion or to deceive purchasers into believing that the source of origin of goods is another. This does not merely refer to geographical origin but also to origin of source of manufacture.

-- Statute provides for civil action by any person that believes that he or she is likely to be damaged by such act.

-- The purpose of the provision is to prevent unfair competition by enabling producers to differentiate their products from those of others and to protect consumers against deceptive designations of origin of goods.

V. Special Rules

1. The Federal Trade Commission also regulates several specific labeling acts:

a. The Wool Products Labeling Act of 1939, 16 C.F.R. 300.1-300.35, generally requires that all wool products bear a label indicating: the percentage of the total fiber weight of the wool product of wool, recycled wool, each
fiber other than wool, and the aggregate of all other fibers of the product. The label must also indicate the maximum percentage of the total weight of the wool product, of any nonfibirous loading, filling or adulterating matter. Moreover, the Label must include the identification of the manufacturer. Additionally, the label must include the name of the country where the wool product was processed or manufactured, including if processed or manufactured in the United States (if the product is advertised in mail order promotional material).

b. The Fur Products Labeling Act, 16 C.F.R.  301.1-301.49, generally requires that all fur products bear a label indicating: the name(s) of the animal(s) that produced the fur; that used fur is present in the product if such is the case; that the fur product was artificially colored, if such is the case; that the product is composed of tails, paws, bellies or waste fur, if such is the case; the name of the manufacturer; and the name of the country of origin of imported fur used in the product.

c. The Textile Fiber Products Identification Act, 16 C.F.R.  303-303.14, generally requires that all textile products bear a label indicating: the name of the constituent fiber or combination of fibers in the textile product; the percentage of each fiber present, by weight; the name of the manufacturer; and the name of the country where the product was processed or manufactured, including if processed or manufactured in the
United States.

2. American Automobile Labeling Act, 15 U.S.C.  1950 (1993), regulated by the Department of Transportation provides new labeling requirements for passenger automobiles for sale in the U.S. Labels must indicate the percentage of equipment originating in the U.S. and Canada, the names of at least two foreign countries contributing the greatest value of parts, as well as the country of origin of the engine, the transmission.

Allyson L. Senie
Office of the Chief Counsel for International Commerce
U.S. Department of Commerce
202/482-0937
May 1994


[globalcontactasp/_private/NAVBAR.HTM]

Send mail to webmaster@globalcontact.com with questions or comments about this web site.
Copyright © 1997 Global Contact Inc.
Last modified: August 02, 2002