authored the Law360
article “A Wake-Up Call For Those Claiming 'Made In USA' Products
.” The article discusses a recent ruling by the U.S. Court of International Trade (“CIT”) that has important implications for importers and manufacturers making “Made in USA” claims for products 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. In Energizer Battery, the CIT upheld U.S. Customs and Border Protection’s determination that Energizer’s Generation II military flashlights are made in China. Energizer had argued that domestic assembly of its foreign components amounts to substantial transformation and creates a product of U.S. origin. Laura notes that this case serves as a wake-up call for manufacturers who do want to face penalties or good will with their retailers and customers by claiming their products are “Made in the USA.”
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