UNITED ST A TES OF AMERICA 

FEDERAL TRADE COMMISSION 

WASHINGTON, D.C. 20580 

Bureau of Consumer Protection 

Division of Enforcement 

Julia Solomon Ensor 

Attorney 

Email: jensor@ftc.gov 

Direct Dial: (202) 326-2377 

July 23, 2019 

VIA EMAIL 

Justin B. Bender, Esq. 

General Counsel 

UNEX Corporation, d/b/a HYTORC 

333 NJ-1 7 

Mahwah, NJ 07430 

Dear Mr. Bender: 

We received your submissions on behalf ofUNEX Corporation, d/b/a HYTORC 

("HYTORC" or the "Company"). During our review, we discussed concerns that marketing 

materials may have overstated the extent to which HYTORC industrial bolting tools are made in 

the United States. Specifically, although HYTORC offers U.S.-origin hydraulic and pneumatic 

tools, the Company also offers electric tools that incorporate significant imported parts. 

As discussed, unqualified U.S.-origin claims in marketing materials - including claims 

that products are "Made" or "Built" in the USA - likely suggest to consumers that all products 

advertised in those materials are "all or virtually all" made in the United States. 1 The 

Commission may analyze a number of different factors to determine whether a product is "all or 

virtually all" made in the United States, including the proportion of the product's total 

manufacturing costs attributable to U.S. parts and processing, how far removed any foreign 

content is from the finished product, and the importance of the foreign content or processing to 

the overall function of the product. 

To avoid deceiving consumers, HYTORC removed U.S.-origin claims from marketing 

materials that relate to its electric tools, and revised marketing materials that apply to all 

1 Federal Trade Commission, Issuance of Enforcement Policy Statement on "Made in USA " and 

Other US. Origin Claims, 62 Fed. Reg. 63756, 63768 (Dec. 2, 1997). Additionally, beyond 

express "Made in USA" claims, "(d)epending on the context, U.S. symbols or geographic 

references, such as U.S. flags, outlines of U.S. maps, or references to U.S. locations of 

headquarters or factories, may, by themselves or in conjunction with other phrases or images, 

convey a claim of U.S. origin." Id. 

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Company products to remove or qualify claims as appropriate. HYTORC also .sent a 

communication to all employees advising them of the updates. 

As discussed, to the extent the Company offers tools that are "all or virtually all" made in 

the United States, it is appropriate to highlight that fact in marketing materials. However, 

marketing materials should clearly differentiate U.S.-origin tools from tools that are imported or 

contain significant imported parts, and the Company should take care not to make overly broad 

U.S.-origin claims when referring to multiple products. As you know, FTC staff is available to 

work with companies to craft qualified claims that serve the dual purposes of conveying nondeceptive information to consumers and highlighting work done in the United States. 

Based on HYTORC's actions and other factors, the staff has decided not to pursue this 

investigation any further. This action should not be construed as a determination that there was 

no violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45. The 

Commission reserves the right to take such further action as the public interest may require. If 

you have any questions, you can reach me at (202) 326-2377 . 

. Sincerely, 

Julia Solomon Ensor 

Staff Attorney 

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