Made in USA
Start to Finish Guidance
Arent Fox is a go-to advisor for companies on strategic business matters. We routinely provide legal guidance to companies wanting to make “Made in USA” claims on product labeling, packaging, and advertising, and to companies wanting to participate in Buy American programs. We take proactive steps to support our clients “Made in USA” claims through our Legal Certification Program, which involves a comprehensive and independent, deep-dive evaluation of materials and manufacturing processes that are necessary when certifying US origin.
Given the new Administration’s “Buy American, Hire American” initiatives, Arent Fox is uniquely qualified to provide the most comprehensive guidance available. The firm’s legal and accounting experience, in addition to our comprehensive understanding of consumer and industrial products ranging from household goods to large machinery, as well as transportation equipment and vehicles, uniquely positions the firm to synthesize these disciplines into an industry certification standard that can be utilized by manufacturers, distributors, and retailers in support of their “Made in USA” claims.
Who We Counsel
- Manufacturers, importers, and retailers.
- Companies with complex global sourcing arrangements, fluctuating material costs, and sophisticated operations in the US.
- Textile, wool, and fur manufacturers, importers, and retailers on mandatory country of origin labeling requirements.
- Companies in the fragrance, personal care, automotive, chemical, electronics, and machinery industries.
- Companies engaged in multi-country sourcing of raw material, ingredients, components, and subassemblies.
- Companies seeking to supply items to governmental agencies under the Buy American Act and related statutes.
What We Do
- Issue legal opinions to support “Made in USA” claims and advertising.
- Advise on all aspects of “Made in USA” claims, including under the Buy American Act.
- Counsel companies on compliance with California’s “Made in USA” laws.
- Conduct on-site factory visits and audits.
- Identify the sources of raw materials, components, ingredients, parts, and subassemblies.
- Serve as an intermediary between companies and the government.
- Represent companies in “Made in USA” enforcement matters and class actions.
- Provide training for in-house legal, production, and marketing departments.
Overcome the Barriers Facing Your Business
Our legal and accounting experience, in addition to our comprehensive understanding of consumer products, from apparel to heavy industrial equipment, uniquely positions the firm to synthesize these disciplines into an industry certification standard that can be utilized by manufacturers, distributors, and retailers in support of their “Made in USA” claims.
Georgia C. Ravitz regularly counsels companies in connection with a wide variety of “Made in USA” claims. Georgia has extensive experience in American-made claims for many product categories and across numerous industry sectors. She works closely with companies to conduct pre-emptive due diligence analyses as to whether products manufactured in the US are eligible for unqualified “Made in USA” claims.
Scott A. Cohn has extensive experience in evaluating Made in USA claims. Scott’s accounting and auditing background enables him to perform detailed cost accounting analyses of production costs (labor, materials, and overhead) that are the underpinnings of any comprehensive “Made in USA” program. Scott also has broad experience with Customs-based “substantial transformation” analyses that focus on where, when, and how various components, parts, ingredients, and other constituents join together to form a finished product.
International Trade attorneys Terry Polino and David Salkeld have extensive experience in performing country of origin evaluations, including analyses of substantial transformation and multi-country processing. Both Terry and David were attorneys with US Customs and Border Protection in the Office of International Trade (formerly Office of Regulations and Rulings).