Sec. 2. America Star labels
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Not later than 2 years after the date of the enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to establish labels that a person may use as a voluntary means of indicating to consumers the extent to which products that such person introduces, delivers for introduction, sells, advertises, or offers for sale in commerce are of United States origin. Such labels shall be known as America Star labels. The regulations required by subsection
(a)shall establish 4 America Star labels, as follows: A label that may be used for a product that satisfies the standard for an unqualified United States origin claim set forth by the Commission in the Enforcement Policy Statement. A label that may be used for a product for which not less than 90 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. A label that may be used for a product for which not less than 80 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. A label that may be used for a product for which not less than 70 percent of the total cost of manufacturing the product is attributable to United States costs, as determined under the Enforcement Policy Statement. The America Star labels shall be designed to achieve the following goals: Providing clarity for consumers about the extent to which products are manufactured in the United States. Encouraging manufacturers to manufacture more products in the United States. Highlighting the importance of domestic manufacturing for the economy of the United States. The regulations required by subsection
(a)shall establish the visual appearance and content of the America Star labels, any standards (in addition to the standards described in paragraph (1)) that a product shall meet in order for a particular America Star label to be used for such product, and requirements for the permissible use of the America Star labels, as the Commission considers appropriate to achieve the goals described in paragraph
(2)and to ensure that the labels— are consistent with public perceptions of the meaning of descriptions of the extent to which a product is of United States origin; and are not used in a way that is unfair or deceptive, including, for a product that does not meet the standards for an America Star label, placing such label on such product, using such label in any marketing materials for such product, or in any other way representing that such product meets the standards of such label. The Commission may not require a person who makes a qualified or unqualified claim that a product is of United States origin to use an America Star label to make such claim. Nothing in this Act shall be construed to affect the standards of the Commission in effect on the day before the date of the enactment of this Act for a qualified or unqualified claim that a product is of United States origin. In promulgating the regulations required by subsection (a), the Commission shall consult with— the Commissioner of United States Customs and Border Protection in order to ensure consistency with the country of origin labeling requirements under section 304 of the Tariff Act of 1930 ( 19 U.S.C. 1304 ); and the United States Trade Representative in order to ensure consistency with the obligations of the United States under international trade agreements. A violation of a regulation promulgated under this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. The Commission shall enforce the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
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