Made Where? Country-of-Origin Claims, Assembly, and the Label That Has to Be True
By Casey Scott McKay ·
A country-of-origin claim is one of the few statements on a package that has a legal definition, and the definition is stricter than almost anyone selling a product expects. This article works through the unqualified domestic origin standard, the qualified claims that are available when it cannot be met, and the customs marking rules that apply an entirely different test to the same product. It covers the substantial transformation analysis that determines a good's origin for import purposes, the textile and specialised product regimes that layer further requirements on top, and the packaging disclosures that compete with claims for panel space. The second half addresses geographical indications, government procurement preferences that use different definitions again, the competitor and class action exposure that origin claims generate, and the artwork review process that catches the problems before the tooling is cut.
IP and Technology > Trademarks | Article | Published 1 May 2024 - Updated 15 November 2025 | Casey Scott McKay - marksy.us
Summary. A country-of-origin claim is one of the few statements on a package that has a legal definition, and the definition is stricter than almost anyone selling a product expects. This article works through the unqualified domestic origin standard, the qualified claims that are available when it cannot be met, and the customs marking rules that apply an entirely different test to the same product. It covers the substantial transformation analysis that determines a good's origin for import purposes, the textile and specialised product regimes that layer further requirements on top, and the packaging disclosures that compete with claims for panel space. The second half addresses geographical indications, government procurement preferences that use different definitions again, the competitor and class action exposure that origin claims generate, and the artwork review process that catches the problems before the tooling is cut.
Keywords: country of origin claims · made in USA standard · all or virtually all · qualified origin claims · substantial transformation · customs marking · textile and wool labelling · fair packaging and labeling · net quantity · identity statement · responsible party · state warnings · assembled in claims · designed in claims · geographical indications · competitor false advertising · origin class actions · government procurement preferences · marking duties · artwork review
This is premium Marksy content — the full document is available to subscribers.