The Manufacturing Transparency Act

A Proposal for the American People

Purpose

The purpose of this act is to increase the transparency of manufacturing locations and practices for American consumers by providing simple, easy to read information to consumers during research and at the time of purchase.

A secondary goal of this act is to make obvious the volume of consumer goods sold, especially by companies headquartered in the United States, that are manufactured abroad in countries with well documented human rights violations and sold in the United States. 

Reasoning for Proposal

According to Federal Regulation 19 CFR Part 134 Subpart E (134.41):
(a) Suggested methods of marking. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that the marking of the country of origin be legible, indelible, and permanent. … For example, it is suggested that the country of origin on metal articles be die sunk, molded in or etched; on earthenware or chinaware be glazed on in the process of firing; and on paper articles be imprinted.

(b) Degree of permanence and visibility. The degree of permanence should be at least sufficient to insure that in any reasonably foreseeable circumstance, the marking shall remain on the article (or its container) until it reaches the ultimate purchaser unless it is deliberately removed. The marking must survive normal distribution and store handling. The ultimate purchaser in the United States must be able to find the marking easily and read it without strain.

It is the last sentence of section B that I would like to focus on.

While companies have complied with the letter of the law, and even that is questionable, I believe that goods sold within the United States have not complied with the spirit of the regulation. That is, to properly inform consumers of where their goods are being manufactured. I also seek to address the current dominance of online shopping and how to properly inform consumers of where their products are being manufactured.

While the country of origin is required by law, I do not believe that the average American citizen comprehends the exorbitant amount of goods that are manufactured outside of the US that are then imported and sold in the US. The proposed regulations seek to make it abundantly clear where a product is manufactured at a glance, even by those who cannot read English and to disrupt deceptive practices that make it appear a product is more American than it actually is. 

Definitions

Any company in the business of selling goods to ultimate consumers

A consumer who is purchasing a product for personal or commercial use and is not in the business of reselling said good

Any physical, non-food object that is available for sale. Food products will need to be evaluated separately.

The nation in which a product is physically manufactured.

“National Flag of Country of Manufacture”: The national flag of the country where a product is manufactured. If a product is manufactured in Shenzhen China, the national flag would be the Chinese flag.

The physical location where a business has its main corporate office location. Often companies have the headquarters in one location, then outsource manufacturing or other departments to different locations or countries.

Any material, particularly that of a promotional intent, that is designed to protect or cover all or part of a product prior to use by the ultimate consumer

01.

All products for sale within the United States of America require a marking of the country of manufacture be legible, indelible, and permanent on the packaging and the product itself. This marking must include a color image of the national flag of the country of manufacture in addition to the current “Made in” marking regulations.

a) The national flag of the country of manufacture may be allowed to be on a temporary tag that can be removed by the consumer. However, this tag must be located in an obvious, easily located location on the product and next to the “Made in” marking.

b) The national flag of the country of manufacture is only required on the packaging of a product unless the product is sold without packaging.

c) If a product is sold without packaging, the manufacturer must include a label or other indicator stating the country of manufacture that includes a color image of the national flag of the country of manufacture.

d) If a product is assembled in a different country from where its parts are manufactured, a company can choose to include “Assembled in” in addition to the “Made in” markings and proposed flag additions. The national flag for the nation of assembly is not required. For example, a label might read “Made in Mexico, Assembled in USA”.

e) The product itself must still maintain current marking regulations in addition to the proposed regulations. 

02.

Companies that sell goods within the United States must disclose the country of manufacture of all products sold within the US in a public manner that is easily accessible to the general public

a) Product listings on a corporate website must include the country of manufacture and the national flag of the country of manufacture.

b) Product listings on a corporate website must disclose if their product potentially falls under the U.S. Department of Labor, Bureau of International Labor Affairs List of Goods Produced by Child Labor or Forced Labor.

c) Product listings on a corporate website must disclose if their product utilizes any materials as identified in the U.S. Department of Labor, Bureau of International Labor Affairs List of Goods Produced by Child Labor or Forced Labor. 

03.

Retailers that sell goods within the United States must disclose the country of manufacture of all products sold within the US in a public manner that is easily accessible to the general public

a) Physical retail locations do not need to provide additional product disclosure information outside of the proposed manufacturing guidelines unless the physical retail location alters the item as to obfuscate, intentionally or unintentionally, the marking of the country of manufacture. For example, a clothing store is not allowed to place a price tag on the country of manufacture label unless they replace the label with one of equal or greater size.

b) Product listings on a retail website must include the country of manufacture and the national flag of the country of manufacture as provided by the manufacturer.

c) Product listings on a retail website must disclose if their product potentially falls under the U.S. Department of Labor, Bureau of International Labor Affairs List of Goods Produced by Child Labor or Forced Labor as provided by the manufacturer.

d) Product listings on a retail website must disclose if their product utilizes any materials as identified in the U.S. Department of Labor, Bureau of International Labor Affairs List of Goods Produced by Child Labor or Forced Labor as provided by the manufacturer.

e) If a product or manufacturer does not disclose the information to a retailer, it is the retailer’s responsibility to inform the consumer that the manufacturer has not disclosed the information in accordance to the proposed regulations. 

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