Berry Amendment vs Buy American Act vs 807A: Which Applies to Your Textile Contract?
Three phrases come up again and again when textile buyers talk about "made in USA" sourcing: the Berry Amendment, the Buy American Act and 807A. They are often mixed up, but they come from different laws, apply to different buyers, and set very different requirements. This guide explains each one in plain terms. It is general information, not legal advice. Always check your contract clauses and confirm with your contracting officer or trade counsel.
The short answer
Berry Amendment: Department of Defense purchases of covered textiles and clothing. The strictest rule: covered items must be grown, reprocessed, reused or produced in the United States.
Buy American Act: Federal government purchases of supplies more broadly. It uses a domestic content test rather than requiring a 100% US supply chain.
807A: Not a procurement rule at all. It is a US customs tariff program for goods assembled abroad from US-made, US-cut components.
The Berry Amendment (10 U.S.C. 4862)
What it covers
The Berry Amendment, now codified at 10 U.S.C. 4862 (formerly 10 U.S.C. 2533a), bars the Department of Defense from using its funds to buy covered items that are not grown, reprocessed, reused or produced in the United States. Covered items include:
Clothing and the materials and components of clothing
Tents, tarpaulins and covers
Cotton and other natural fiber products, synthetic fabric and coated synthetic fabric, including the fibers and yarns used in them, canvas products and wool
Individual equipment made from or containing those fibers, yarns, fabrics or materials
It also covers food, hand and measuring tools, stainless steel flatware, dinnerware and US flags.
What it means for textiles
For covered textile items, the domestic requirement reaches back through the supply chain: fiber, yarn, fabric and the finished item. A garment sewn in the US from imported fabric is generally not compliant.
Exceptions
The statute and DFARS set out limited exceptions. These include domestic non-availability determinations, made at a senior level, and purchases below a dollar threshold set in DFARS 225.7002-2. DoD contracts carry the clause at DFARS 252.225-7012. Check the current threshold and clause in your solicitation.
The Buy American Act (41 U.S.C. chapter 83)
What it covers
The Buy American statute applies to federal agencies purchasing supplies for use in the United States. Its rules are carried out through FAR subpart 25.1.
The domestic end product test
Under FAR 25.101, a manufactured end product is "domestic" if:
It is manufactured in the United States, and
The cost of its domestic components exceeds a threshold share of the cost of all components: 65% for items delivered in calendar years 2024 through 2028, rising to 75% for items delivered starting in 2029.
The FAR waives the component test for commercially available off-the-shelf (COTS) items, and trade agreements can change how it applies to some purchases. Iron and steel products use a separate test.
How it differs from Berry
Buy American allows some foreign content and applies across federal agencies. Berry, for covered DoD textile items, requires the item to be produced in the US, with no percentage allowance. If your customer is DoD and the item is covered by Berry, Berry governs.
807A (HTSUS 9802.00.80)
What it is
"807" is industry shorthand for heading 9802.00.80 of the Harmonized Tariff Schedule, named after its number in the old tariff schedules. It lets articles assembled abroad from US-fabricated components return to the US with duty assessed on the value of the article minus the value of those US components. The components must be exported ready for assembly, keep their physical identity, and not be improved abroad except by assembly and incidental operations. CBP administers it under 19 CFR part 10, subpart A.
"807A" refers to apparel assembled abroad from fabric formed and cut in the United States. Under the Caribbean Basin Trade Partnership Act, apparel assembled in eligible countries from US-formed, US-cut fabric made from US yarn can qualify for preferential treatment.
How it differs
807A is about import duties, not government purchasing. It's used by commercial brands that cut US fabric domestically and sew offshore. It does not make a product Berry compliant.
Comparison table
Berry Amendment | Buy American Act | 807A | |
Type of rule | Defense procurement | Federal procurement | Customs tariff |
Who it binds | DoD | Federal agencies | Importers claiming the program |
Legal basis | 10 U.S.C. 4862; DFARS 225.70 | 41 U.S.C. ch. 83; FAR 25.1 | HTSUS 9802.00.80; 19 CFR 10 |
Domestic requirement | Covered items produced in the US | Made in US plus a domestic content share | US-fabricated, US-cut components |
Offshore sewing allowed? | Generally no, for covered items | Depends on the content test | Yes, assembly abroad |
Which applies to you?
Is the buyer DoD or a DoD prime contractor? If the item is a covered textile, plan for Berry.
Is the buyer another federal agency? Look for Buy American clauses and the content threshold.
Is this a commercial program sewn offshore? 807A may lower duties if the fabric is US-formed and cut.
Whatever the rule, a domestic fabric source keeps your options open. Beverly Knits is one of the largest circular knitters in the US, family owned since 1980, with knitting, dyeing and finishing, and cut and sew in North Carolina and South Carolina. Learn more about our Berry Amendment compliant knit fabric, our capabilities and our knitted performance fabrics, or compare domestic vs offshore knit fabric costs.
FAQ
Is the Berry Amendment the same as the Buy American Act?
No. Berry is a defense-specific law for covered items. Buy American applies across federal supply purchases and allows some foreign content.
Did the Berry Amendment citation change?
Yes. It was renumbered from 10 U.S.C. 2533a to 10 U.S.C. 4862.
Does 807A make apparel Berry compliant?
No. 807A is a customs duty program. Berry requires covered items to be produced in the US.
What is the Buy American domestic content threshold?
Under FAR 25.101, 65% for items delivered in 2024 through 2028, and 75% starting in 2029.
Talk to Beverly Knits
Need domestic fabric for a government or commercial program? Contact us, email info@beverlyknits.com or call 704-861-1536.
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