Labeling & National Currencies

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Let's take a closer look at these interesting questions. I also attached the report for labeling standards by the Federal Trades Commission (FDA).

RESPONSE:

1) A garment manufacturer produces sports apparel at its facility in the Merianas Island in order to take advantage of lower labor cost. Can these garments labeled "Made in USA"? Why or Why not?

The Textile Fiber Products Identification Act and Wool Products Labeling Act require a Made in USA label on most clothing and other textile or wool household products if the final product is manufactured in the U.S. of fabric that is manufactured in the U.S., regardless of where materials earlier in the manufacturing process (for example, the yarn and fiber) came from. However, these garments are NOT made on American soil, Textile products that are imported must be labeled as required by the Customs Service. A textile or wool product partially manufactured in the U.S. and partially manufactured in another country must be labeled to show both foreign and domestic processing.

Therefore this scenario, where 100% of the garments are made on Merianas Island), does NOT meet the FTC standard for being labeled "Made in the USA". Rather, in order to be labeled Made in USA, it needs to meet the "all or virtually all" standard being made on American soil/ In other words, Merianas Island would need to be American soil. (http://www.ftc.gov/opp/madeusa2/62fr63755.pdf)

2) A company produces propane barbecue grills at a plant in Nevada. The products' major components include the gas valve, burner and aluminum housing, each of which made in the U.S. The grill's knobs and tubing are imported from Mexico. Can this product be labeled "Made in USA" why or why not? If not, what should the label be?

ISSUES: Does this producer meet the "all or virtually all" standard set by the Federal Trades Commission? What are the importer regulations?

Labeling is regulated by the the Federal Trade Commission. In 1996 (FTC) proposed that the requirement be stated as:

It will not be considered a deceptive practice for a marketer to make an unqualified U.S. origin claim if, at the time it makes the claim, the marketer possesses and relies upon competent and reliable evidence that: (1) U.S. manufacturing costs constitute 75% of the total manufacturing costs for the product; and (2) the product was last substantially transformed in the United States.( http://www.ftc.gov/opp/madeusa2/62fr63755.pdf)

However, considering feedback regarding the proposal, it never became part of the final guidelines which were published in the Federal Register in 1997. Instead, the FTC reported that it "will continue to enforce the Commission's current ''all or virtually all'' standard. In conjunction with this decision, the Commission is issuing an Enforcement Policy Statement on U.S. Origin Claims which provides additional guidance to marketers seeking to make ''Made in USA'' and similar claims. (See http://www.ftc.gov/opp/madeusa2/62fr63755.pdf, which is attached for convenience).

Does this producer meet the "all or virtually all" ...