"What is the country of origin?" sounds like one question. In a government purchase it is at least four, because four different rules touch it, and each asks something different of the supplier. A buyer who mixes them up ends up asking for the wrong paperwork. A supplier who mixes them up ends up certifying the wrong thing.
We are the supplier that has to collect this data from manufacturers and put it on a quote, line by line. This guide lays out which rule applies when, what a usable answer looks like, and what a buyer should ask for. It does not replace your contract. The clauses in your solicitation decide which rules apply to you.
The four rules at a glance
| Rule | What it is about | Where it comes from | Typical trigger | What it asks of the supplier |
|---|---|---|---|---|
| Buy American | Preference for domestic end products in supplies used in the United States | 41 U.S.C. chapter 83; FAR 52.225-1 and FAR subpart 25.1 | Supply purchases for use in the U.S. | Deliver domestic end products unless the offer lists foreign end products. A domestic end product must meet a domestic content test |
| Trade Agreements Act (TAA) | Equal treatment for products from designated countries when the purchase is covered by trade agreements | FAR 25.402 and FAR 52.225-5 | Purchases above the trade agreement dollar thresholds, or contracts that include the clause | Deliver only U.S.-made or designated country end products, unless the offer says otherwise |
| Berry Amendment | DoD restriction on certain commodities not grown, reprocessed or produced in the U.S. | 10 U.S.C. 4862; DFARS 225.7002; clause DFARS 252.225-7012 | DoD buying food, clothing and its materials, tents, tarpaulins, covers, cotton and other natural fiber products, wool, synthetic fabrics, canvas, certain individual equipment, and hand or measuring tools | Items must be grown, reprocessed, reused or produced in the U.S., subject to listed exceptions. Specialty metals have a separate restriction at DFARS 225.7003 |
| Section 889 | A ban on certain telecommunications and video surveillance equipment or services. Not an origin rule | FAR 52.204-25 | Any covered equipment or service in the item or in the supplier's use | Do not deliver covered equipment or services, and report if you find them |
The last row is the one people get wrong most often. Section 889 does not ask where a product was made. It asks whether the product or service involves telecommunications or video surveillance equipment from named companies and entities the Department of Defense connects to the government of the People's Republic of China. A product can be made in the United States and still raise a Section 889 question. A product can be made in China and raise none. We cover that side in Section 889 supplier certification.
Origin is per line item, not per quote
A quote with ten lines can have ten different origins. A tool kit might be assembled in one country from parts made in another. A case of gloves might come from a factory in a country that is not the country of the brand. So origin gets collected and stated for each line, tied to the exact part number being quoted.
A single sentence at the bottom of a quote that says "all items comply" does not do that. It cannot be checked, and it gets harder to defend the moment one line turns out to be different. We list country of origin next to each line on the quote, and we update it if the sourcing changes before shipment.
"TAA compliant" on a quote is not evidence
Plenty of quotes carry a stamp: "TAA compliant." It is a conclusion, and a buyer cannot check a conclusion. What a buyer can check is the underlying facts: which country the product was made in, or where it was last substantially transformed, and whether that country is a designated country.
The clause itself works from those facts. FAR 52.225-5 has the contractor deliver only U.S.-made or designated country end products, unless the offer specified other products in the Trade Agreements Certificate. "Designated country" is defined in FAR 25.003 as a World Trade Organization Government Procurement Agreement country, a free trade agreement country, a least developed country or a Caribbean Basin country, and the definitions name the countries in each group. We read those lists on the publish date. China and India did not appear on them, but lists get updated, so check 25.003 for the date you are buying.
A supplier saying "TAA compliant" without a manufacturer document behind it is repeating a claim. We ask the manufacturer for a signed statement by part number, and we explain what makes one usable in TAA compliance statements.
Substantial transformation in plain words
Both the Buy American and trade agreement definitions turn on where a product was produced. The trade agreement clause treats a product as made in a country if it was mined, produced or manufactured there, or if it was substantially transformed there into a new and different article of commerce. Let us put that in plain words.
Where something was last assembled is not enough on its own. Screwing a plug onto a cord made elsewhere, putting an item into a box or labeling it usually does not change what the product is. Substantial transformation means the process produced something with a new name, character or use, different from what went in. Making fabric into a finished jacket probably does. Repackaging a finished device probably does not.
FAR 25.003 does not define "substantial transformation" as a standalone term. It uses the concept inside its definitions of U.S.-made and designated country end products. When the answer is unclear, the supplier should ask the manufacturer where the transformation happened and say so in writing, not guess. U.S. Customs and Border Protection publishes rulings on origin questions in its rulings database, but those are issued for customs purposes, so treat them as a reference for how origin reasoning works, not a substitute for what your contract requires.
The Buy American domestic content test
Under FAR 25.101, a manufactured end product is domestic only if it is manufactured in the United States and meets a domestic content test. For most items, the cost of U.S. components has to exceed a set share of the total component cost: 65 percent for items delivered in calendar years 2024 through 2028, and 75 percent from 2029. Products made wholly or predominantly of iron or steel use a different test, under which foreign iron and steel must be under 5 percent of component cost. The content test is waived for commercially available off-the-shelf items, other than the iron and steel category. We walk through how a supplier works that out in the 65 percent rule explainer.
The point for origin collection is that "made in USA" on the box does not answer the domestic content question. A buyer that is applying Buy American may need component cost information, not just a country name.
The Berry Amendment is a different kind of restriction
For the Department of Defense, the Berry Amendment restricts certain items to those grown, reprocessed, reused or produced in the United States. The list in DFARS 225.7002-1 includes food, clothing and its materials and components, tents, tarpaulins and covers, cotton and other natural fiber products, wool, synthetic fabrics and coated synthetic fabrics, canvas products and certain individual equipment items. It also includes hand or measuring tools.
Two features separate it from the others. It is limited to DoD. And it works at the component and material level: it can reach the fabric and fibers inside a finished garment. DFARS 225.7002-2 lists exceptions, including a dollar-threshold exception and a domestic nonavailability determination. Read the current text for the figures, because they are not ones to carry from memory. A TAA statement does not satisfy Berry, and a Berry-compliant item is not automatically TAA documented. For a worked example, see Berry-compliant tactical gear.
When the government names a foreign item
Sometimes the solicitation itself names a brand or model, and that item is made outside the United States and outside the designated countries. A supplier can be tempted to stay quiet and hope nobody checks, or to walk away.
Our rule is neither. A foreign origin on an item the government itself named is a disclosure to the contracting officer, not an automatic no-bid. We state the origin in the quote, say plainly that the named item comes from that source, and let the contracting officer decide what to do with it. The contracting officer knows the requirement and the waivers or exceptions that may apply. The supplier does not. What the supplier owes is accuracy, early. We cover that practice in foreign origin item: disclose, don't guess.
What a buyer should ask a supplier to provide
If origin matters on your purchase, ask for these with the quote, not after award:
- Country of origin for each line item, by part number.
- For TAA or trade agreement purchases, the manufacturer's statement of where the product was made or substantially transformed.
- For Buy American purchases, whether the item is offered as a domestic end product, and if it is not a COTS item, the basis for it.
- For DoD clothing, textile, food or tool purchases, a statement against the Berry restrictions for each item.
- Any representation your solicitation requires, completed for the offer, including the Section 889 representations.
- A named person at the supplier who can answer follow-up questions about sourcing.
A supplier that cannot produce these at the quote stage will not find them easier to produce at the receiving dock.
Thresholds change, so link the source
Trade agreement thresholds are adjusted periodically. FAR 25.402 says the U.S. Trade Representative revises them approximately every two years and lists them in a table, by agreement and by supplies, services and construction. We do not repeat the dollar figures here because they will be stale before this page is. Other general thresholds, such as the micro-purchase and simplified acquisition thresholds, follow a different inflation cycle in FAR 1.109. The FAR is also in the middle of a rewrite, with agencies issuing class deviations, so confirm the current text before relying on any figure.
How Lunula Supply handles it
We send country of origin with the quote or order, line by line, along with representations and any authorization letters the requirement calls for. If a line's origin is uncertain, we say so and ask the manufacturer before we quote it, not after. If the government named an item and its origin is foreign, we disclose it to the contracting officer and let them decide.
If you are buying through a supplier and want origin data up front, tell us what you need or see what we supply. For the post-award side, read what to expect from a government supplier.
Frequently asked questions
Is "TAA compliant" the same as "Made in USA"?
No. A product can be TAA compliant if it is made in or substantially transformed in the United States or in a designated country. Buy American asks about domestic content, and Berry asks about specific commodities for DoD. Each rule has its own test.
Does Section 889 depend on where a product is made?
No. Section 889 is about covered telecommunications and video surveillance equipment and services from named entities, not about country of origin. A product made anywhere can be affected. See FAR 52.204-25 for the exact prohibition.
Who decides whether a foreign-origin item is acceptable?
The contracting officer decides. If the government named the item, a supplier should disclose the origin in the quote and let the contracting officer determine what applies, instead of assuming the answer in either direction.
Do the dollar thresholds for the Trade Agreements Act stay fixed?
No. They are adjusted periodically by the U.S. Trade Representative and listed in FAR 25.402. Check the table on acquisition.gov for the date of your purchase.
General information, not legal advice. References were checked against acquisition.gov (FAC 2026-01) on the publish date. Your contract's clauses and the current FAR control.