PPE Made in USA - Domestic Manufacturers & Federal Compliance

Yes, the standard differs significantly depending on context. For general consumer marketing, the FTC requires a product to be "all or virtually all" made in the United States — meaning little to no foreign content — to carry a "Made in USA" label. For sales to the federal government, the Federal Acquisition Regulation (FAR) applies a different, percentage-based test: a product is typically considered domestic if it's manufactured in the US and at least 65% of its component costs come from US-based sources. These are genuinely different legal standards, and a product that satisfies one may not automatically satisfy the other.

BABA, signed into law as part of the 2021 Infrastructure Investment and Jobs Act, requires that iron, steel, manufactured products, and construction materials used on federally funded infrastructure projects be made in the United States — covering highways, bridges, water systems, transit, airports, and more. BABA generally applies to products that are consumed in, incorporated into, or affixed to an infrastructure project, rather than portable equipment generally — for example, a fire extinguisher permanently installed as part of a building system would likely fall under BABA's manufactured products standard, requiring final US assembly and a specified percentage of domestic component costs (the threshold is increasing under proposed rules, with key compliance dates around October 2026 for some agencies). If you're procuring PPE for a federally funded project, verify with your contracting officer whether BABA applies to your specific purchase.

It depends entirely on which standard applies and how much imported content is involved. Under the stricter FTC consumer standard, "all or virtually all" domestic content is required — meaning minimal foreign components. Under the federal procurement (FAR/BABA) standard, a percentage-based test applies, generally allowing some imported component cost as long as the domestic percentage threshold (65% under FAR, with BABA thresholds evolving) is met and final assembly occurs in the US. This means a product could be disqualified from consumer "Made in USA" marketing while still qualifying for federal Buy American compliance, or vice versa — always verify against the specific standard relevant to your purchase rather than assuming one implies the other.

For federal procurement or BABA-covered projects, request a manufacturer certification letter on company letterhead, signed by a company officer, that specifically names the product being supplied and references the specific project — generic "Made in USA" marketing claims without this documentation generally do not satisfy formal compliance requirements. If the product includes coatings or finishing processes, the letter should confirm those were also performed domestically. Always ask your supplier or distributor for this certification before ordering for a federally funded project, since BABA compliance is about the product itself rather than the sales channel it came through.

A 2026 Executive Order directed increased enforcement of "Made in USA" claims, instructing the FTC to prioritize enforcement actions against sellers who misrepresent country of origin, consider regulations addressing online marketplace verification procedures, and requiring federal agencies overseeing government-wide acquisition contracts to periodically review and verify American-origin claims for procured goods. While this doesn't change the underlying legal standards (FTC "all or virtually all" for consumer claims, FAR/BABA percentage tests for federal procurement), it does signal that violations are more likely to be investigated and penalized — both under the FTC Act and the False Claims Act, which can carry significant civil and criminal penalties for false certifications.