I
103D CONGRESS
1ST SESSION
H. R. 3041
To eliminate deception in product labelling or marking with regard to the
country of origin of merchandise and merchandise parts.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 9, 1993
Mr. KLINK (for himself, Mr. TRAFICANT, Mr. DIAZ-BALART, Mr. BROWN of
Ohio, Mr. GENE GREEN of Texas, and Mr. FROST) introduced the follow-
ing bill; which was referred jointly to the Committees on Ways and Means
and Energy and Commerce
A BILL
To eliminate deception in product labelling or marking with
regard to the country of origin of merchandise and mer-
chandise parts.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PLACEMENT OF MADE IN AMERICA LABELS ON
PRODUCTS.
(a) REQUIREMENTS FOR USE OF LABELS.—No prod-
uct may bear a label which states or suggests that the
product was made in America unless—
(1) the product has been registered with the
Department of Commerce under subsection (b); and
(2) the Secretary of Commerce has determined
that—
(A) not less than 60 percent of the product
was manufactured in the United States; and
(B) final assembly of the product took
place in the United States.
(b) REGISTRY
OF AMERICAN-MADE PRODUCTS.—
Not later than 12 months after the Secretary has promul-
gated regulations regarding the registration of products
with the Department of Commerce under this section, a
person shall register with the Department of Commerce
any product on which there is or will be affixed a label
which states or suggests that the product was made in
America.
(c) PENALTIES
FOR FRAUDULENT USE
OF LA-
BELS.—
(1) CIVIL FINE.—Any person who, with an in-
tent to defraud or mislead, places on a product a
label which states or suggests that the product was
‘‘made in America’’ in violation of this section may
be assessed a civil penalty by the Secretary of not
more than $100,000. The Secretary may issue an
order assessing such civil penalty only after notice
and an opportunity for an agency hearing on the
record. The validity of such order may not be re-
viewed in an action to collect such civil penalty.
(2) INJUNCTIVE RELIEF.—The Secretary may
bring an action to enjoin the violation of, or to com-
pel compliance with, this section, whenever the Sec-
retary believes that such a violation has occurred or
is about to occur.
(d) REGULATIONS.—Not later than 12 months after
the date of the enactment of this Act, the Secretary shall
promulgate regulations establishing procedures under
which a person shall register a product under this section.
(e) DEFINITIONS.—For purposes of this section:
(1) LABEL.—The term ‘‘label’’ means any writ-
ten, printed, or graphic matter on, or attached to,
a product or any of its containers or wrappers.
(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Commerce.
SEC. 2. ADDITIONAL INFORMATION TO CONSUMERS RE-
GARDING FOREIGN CONTENT OF IMPORTED
ARTICLES.
(a) IN GENERAL.—Section 304 of the Tariff Act of
1930 (19 U.S.C. 1304) is amended as follows:
(1) Subsections (f), (g), and (h) are redesig-
nated as subsections (g), (h), and (i), respectively.
withdrawn from warehouse for consumption, on or after
the 15th day after the date of the enactment of this Act.
SEC. 3. LABELING OF DOMESTIC PRODUCTS WITH FOREIGN
PARTS.
(a) REQUIREMENTS
FOR USE
OF LABELS.—Any
product which is manufactured in the United States and
which is assembled, in whole or in part, from any part
that is the product of a foreign country shall, in its label-
ing for the ultimate purchaser in the United States—
(1) disclose the country of origin of such part,
and
(2) state the proportion of the cost of such
product which is accounted for by such part.
(b) PENALTIES FOR VIOLATIONS OF SUBSECTION
(a).—
(1) CIVIL FINE.—Any person who, with an in-
tent to defraud or mislead, fails to label a product
in accordance with subsection (a) may be assessed a
civil penalty by the Secretary of not more than
$100,000. The Secretary may issue an order assess-
ing such civil penalty only after notice and an oppor-
tunity for an agency hearing on the record. The va-
lidity of such order may not be reviewed in an action
to collect such civil penalty.
(2) INJUNCTIVE RELIEF.—The Secretary may
bring an action to enjoin the violation of, or to com-
pel compliance with, subsection (a), whenever the
Secretary believes that such a violation has occurred
or is about to occur.
(c) REGULATIONS.—Not later than 12 months after
the date of the enactment of this Act, the Secretary shall
promulgate regulations respecting labeling of products
under subsection (a).
(d) DEFINITIONS.—For purposes of this section, the
term ‘‘Secretary’’ means the Secretary of Commerce.
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