"The Berry Amendment is a statutory requirement that restricts the Department of Defense (DoD) from using funds appropriated or otherwise available to DoD for procurement of food, clothing, fabrics, fibers, yarns, other made-up textiles, and hand or measuring tools that are not grown, reprocessed, reused, or produced in the United States. The Berry Amendment has been critical to maintaining the safety and security of our armed forces, by requiring covered items to be produced in the United States. With respect to textiles and clothing, the Berry Amendment has been critical to the viability of the textile and clothing production base in the United States."
The TLDR on that for Berry Compliant buyers is that acquisitions below $150,000 are exempt, so that would likely apply to many of our unit sales short of a large contract (USCPB, SOCOM, etc.). While most of our products are already Berry Compliant, we aim to use the best materials for the job which are occasionally sourced overseas. For orders larger than $150,000 that must be Berry Compliant, please get in contact with us and we can ensure all required product is in compliance.
Here’s the relevant section from DFAR regulations — see portions highlighted in red:
225.7002 Restrictions on food, clothing, fabrics, hand or measuring tools, and flags.
(a) The following restrictions implement 10 U.S.C. 4862 (the “Berry Amendment”). Except as provided in section 225.7002-2, do not acquire—
(1) Any of the following items, either as end products or components, unless the items have been grown, reprocessed, reused, or produced in the United States:
(ii) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. For additional guidance and examples, see PGI 225.7002-1(a)(1)(ii) (DFARS/PGI view).
(iii)(A) Tents and the structural components of tents;
(B) Tarpaulins; or
(iv) Cotton and other natural fiber products.
(v) Woven silk or woven silk blends.
(vi) Spun silk yarn for cartridge cloth.
(vii) Synthetic fabric or coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics.
(viii) Canvas products.
(ix) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).
(x) Any item of individual equipment (Product or Service Code (PSC) 8465) manufactured from or containing any of the fibers, yarns, fabrics, or materials listed in this paragraph (a)(1).
(b) In accordance with section 8123 of the Department of Defense Appropriations Act, 2014 (Pub. L. 113-76, division C, title VIII), and the same provision in subsequent Defense appropriations acts, except as provided in 225.7002-2, do not acquire a flag of the United States (PSC 8345), unless such flag, including the materials and components thereof, is manufactured in the United States, consistent with the requirements at10 U.S.C. 4862. This restriction does not apply to the acquisition of any end items or components related to flying or displaying the flag (e.g., flag poles and accessories).
Acquisitions in the following categories are not subject to the restrictions in 225.7002-1:
(a) Acquisitions not exceeding $150,000, except for athletic footwear purchased by DoD for use by members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the Armed Forces (37 U.S.C. 418(b)(4)).
Here’s the corresponding section in PGI regulations:
PGI 225.7002 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.
PGI 225.7002-1 Restrictions.
(a)(1)(ii)(1) The following are examples, not all-inclusive, of Product and Service Codes (PSCs) that contain items of clothing:
(i) Clothing apparel (such as outerwear, headwear, underwear, nightwear, footwear, hosiery, or handwear) listed in PSC 8405, 8410, 8415, 8420, 8425, 8450, or 8475.
(ii) Footwear listed in PSC 8430 or 8435.
(iii) Hosiery, handwear, or other items of clothing apparel, such as belts and suspenders, listed in PSC 8440 or 8445.
(iv) Badges or insignia listed in PSC 8455.
(2) The PSCs listed in paragraph (a)(1)(ii)(1) of this section also contain items that are not clothing, such as—
(ii) Kevlar helmets;
(iii) Handbags; and
(iv) Plastic identification tags.
(3) Each item should be individually analyzed to determine if it is clothing, rather than relying on the PSC alone to make that determination.
(4) The fact that an item is excluded from the foreign source restriction of the Berry Amendment applicable to clothing does not preclude application of another Berry Amendment restriction in DFARS 225.7002-1 to the components of the item.
(5) Small arms protective inserts (SAPI plates) are an example of items added to, and not normally associated with, clothing. Therefore, SAPI plates are not covered under the Berry Amendment as clothing. However, fabrics used in the SAPI plate are still subject to the foreign source restrictions of the Berry Amendment. If the fabric used in the SAPI plate is a synthetic fabric or a coated synthetic fabric, the fibers and yarns used in the fabric are not covered by the Berry Amendment, because the fabric is a component of an end product that is not a textile product (see DFARS 225.7002-2(m).
Example: A SAPI plate is compliant with the Berry Amendment if the synthetic fiber or yarn is obtained from foreign country X and woven into synthetic fabric in the United States, which is then incorporated into a SAPI plate manufactured in foreign country Y.