Made in USA vs Assembled in the USA

EYE Lighting International’s interpretation of “Made in the USA” & “Assembled in USA” labeling
The Federal Trade Commission (FTC) regulations are very stringent as it relates to “Made in USA” claims. As a result, EYE Lighting International has chosen, for compliance and consistency, to simply use the “Assembled in USA” label on its lighting products.

It is EYE Lighting International’s belief that the products we sell meet the requirements of “Substantial transformation” as defined by the NIST and can therefore be labeled “Assembled in the USA.”

Requirements for “Made in USA” Claims
To qualify for a ‘Made in USA’ or ‘Made in America’ label, a product must be “all or virtually all” manufactured in America according to the Federal Trade Commission (FTC). This encompasses all fifty states, US territories, and the District of Columbia. Products bearing this label should have little to no overseas content.

• Requirements for “Assembled in USA” Claims
Products displaying an ‘Assembled in the USA’ label will contain a higher percentage of imported components but will be physically assembled in America. The FTC states that these products need to have undergone a significant transformation on American soil. What this means is a good portion of the parts and components, whether imported or manufactured in the US, will need to be assembled together directly in the US and must produce a distinct product that is unique to the assembling company.

• What is Substantial Transformation?
Substantial transformation test applies to the ARRA buy American act as well as the FTC labeling requirements for “Made or assembled in the USA”. A Substantial transformation occurs when an imported article emerges from processing as a new and different article, with a new name, character and use.
Test example: Was there a change in character for use of the good or the components in the U.S.? (These questions are asked about the finished good as a whole, not about each individual component.)

  • Was there a change in the physical and/or chemical properties or characteristics designed to alter the functionality of the good?
  • Did the manufacturing or processing operation result in a change of a product(s) with one use into a product with a different use?
  • Did the manufacturing or processing operation result in the narrowing of the range of possible uses of a multi-use product?

Download this PDF with explanations of the Government Provisional (Buy in America) Acts