Made in USA vs. Berry Amendment vs. Buy American Act: What Textile Buyers Need to Know

Selecting high-temperature textiles involves more than matching temperature ratings or thermal performance. For many industrial, aerospace, military, and government projects, manufacturing origin and domestic sourcing requirements are also critical purchasing criteria.

Terms such as Made in USA, Berry Amendment, and Buy American Act (BAA) are often used interchangeably, but they represent different legal standards with distinct requirements. Understanding these differences helps engineers, procurement professionals, OEMs, and government contractors specify materials that satisfy both performance requirements and contract obligations.

3 U.S. Domestic Sourcing Standards for Technical Textiles

1. Made in USA: FTC Unqualified Origin Claims

Regulated by the Federal Trade Commission (FTC) under 16 C.F.R. Part 323 (Made in USA Labeling Rule), an unqualified "Made in USA" claim requires that "all or virtually all" of the product’s components and processing originate in the United States.

For technical textiles, the FTC evaluates the entire manufacturing pathway:

Raw Fiber/Yarn → Weaving/Knitting → Coating/Finishing → Fabrication → Final Product

To make an unqualified claim, a product must satisfy three criteria:

1. Final assembly and processing occur in the U.S.

2. All significant manufacturing and processing occur in the U.S.

3. Foreign content is non-existent or strictly negligible (de minimis).

Qualified Claims: If a material incorporates foreign base yarns or specialized imported coatings, a qualified claim is required (e.g., "Woven and finished in the USA using imported glass fiber").

Note: A commercial "Made in USA" designation does not automatically guarantee compliance with federal government procurement programs like BAA or the Berry Amendment.

2. Berry Amendment: Strict DoD Domestic Mandate

The Berry Amendment, implemented through the Defense Federal Acquisition Regulation Supplement (DFARS), strictly restricts the Department of Defense (DoD) from using appropriated funds to procure foreign-made textiles, clothing, fibers, and specialty fabrics.

Unlike the Buy American Act, the Berry Amendment requires covered textile products to be produced entirely within the United States supply chain, from raw materials through final manufacturing, unless a specific statutory exception applies. It does not rely on domestic content percentages or cost-based calculations.

Typical Berry Amendment Textile Supply Chain (100% U.S. ORIGIN)

U.S. Raw Fiber → U.S. Yarn Spinning → U.S. Textile Weaving → U.S. Coating & Finishing → U.S. Fabrication → Finished Product

What Berry Compliance Means for High-Temperature Fabrics:

• Total Supply Chain Traceability: The raw filament/fiber, yarn spinning, greige fabric weaving, coating formulation/application (e.g., vermiculite, silicone, or PTFE), and final fabrication must occur entirely within the United States.
  

• No Stacking: If the Berry Amendment applies to a defense procurement, BAA rules and TAA exceptions do not apply.

3. Buy American Act (BAA): Federal Procurement Preferences

The Buy American Act of 1933, implemented through the Federal Acquisition Regulation (FAR), establishes a price preference for domestic end-products in federal civil agency purchases exceeding the micro-purchase threshold ($10,000+).

Unlike an outright ban on foreign goods, BAA is a Domestic preference program.

Key Criteria for Technical Textiles under BAA:

• Manufactured in the U.S.: The finished textile or fabricated assembly must be manufactured within the United States.
  

• Domestic Content Requirement: The finished textile or fabricated product must be manufactured in the United States and meet the applicable domestic content requirements established under the Federal Acquisition Regulation (FAR). Because these thresholds may change over time, buyers should verify the current requirements for their specific procurement.
  

• Trade Agreements Act (TAA) Exceptions: BAA preferences are frequently waived on larger federal procurements subject to the TAA, allowing materials manufactured in designated partner nations to compete equally with U.S.-made textiles.

Common Applications: Federal facilities, municipal transit equipment, public sector power generation plants, and non-defense infrastructure thermal insulation jacketing.

Direct Comparison: Made in USA vs. Berry Amendment vs. Buy American Act

Questions to Ask Before Specifying High-Temperature Textiles

To ensure both thermal performance and legal compliance, ask your material supplier these key technical and regulatory questions:

1. Where does fiber processing and base fabric weaving occur?

Why it matters: For Berry Amendment projects, foreign greige cloth or imported raw yarns immediately disqualify the finished material, regardless of domestic coating processes.

2. Where are chemical treatments and coatings formulated and applied?

Why it matters: Specialized high-temperature coatings, such as vermiculite (ZetexPlus®), silicone, or PTFE (Z-Tuff®), must be tracked for domestic processing costs under BAA and origin under Berry.

3. What specific certification documentation can you provide?

Why it matters: Ask for Certificates of Conformance (CoC), material traceability records, and origin attestations before issuing a purchase order.

4. Does the high-temperature material meet both temperature ratings AND domestic sourcing requirements?

Why it matters: A high-temperature material must be mapped against your contract’s specific regulatory requirement.

5. Can the supplier support custom fabrication in a U.S. facility?

Why it matters: If purchasing pre-cut thermal gaskets, expansion joints, or industrial fire blankets, fabrication must align with the primary textile standard.

Made in USA High-Temperature Textiles from Newtex Industries

Related Articles:

Sustainable Sourcing at High Temperatures: How ‘Made in USA’ High-Temp Textiles Support Local Industry

How to Choose ISO 11612-Compliant Safety Apparel

ASTM & ISO Test Standards for High-Temperature Fabrics

Frequently Asked Questions

Q 1: Is fiberglass fabric manufactured in the U.S. automatically Berry Amendment compliant?

No. Even if woven in a U.S. mill, if the raw glass filament or yarn was imported, it does not meet the strict 100% domestic requirement of the Berry Amendment. Always request full fiber-to-fabric supply chain certification.

Q 2: What is the difference between a qualified and unqualified Made in USA claim on an industrial fabric?

An unqualified Made in USA claim means the industrial fabric meets the FTC's "all or virtually all" standard, with final assembly or processing occurring in the United States and nearly all significant processing, components, and materials being of U.S. origin. A qualified Made in USA claim indicates that only certain manufacturing steps or components are sourced domestically. 

Q 3: Can TAA compliance substitute for Berry Amendment compliance on DoD projects?

No. The Trade Agreements Act (TAA) can waive Buy American Act (BAA) requirements for civil agencies, but TAA waivers generally do not apply to covered textile purchases governed by the Berry Amendment under DoD acquisitions.

Need Guidance on Technical Textile Sourcing & Performance Specifications?

Newtex technical specialists can assist with material selection, temperature limits, and compliance documentation.