The short version
The Berry Amendment stops the Department of Defense (DoD) from spending its money on certain items unless they are grown, reprocessed, reused or produced in the United States. It began in defense appropriations acts in 1941, was made permanent and codified at 10 U.S.C. §2533a in 2001, and was renumbered to 10 U.S.C. §4862 when Title 10's acquisition chapters were reorganized in 2022. In contracts it shows up as DFARS clause 252.225-7012, "Preference for Certain Domestic Commodities."
What it covers
- Clothing and the materials and components of clothing
- Tents, tarpaulins and covers
- Cotton and other natural-fiber products, woven silk, spun silk yarn for cartridge cloth
- Synthetic fabric and coated synthetic fabric, including all textile fibers and yarns used in them
- Canvas products and wool (as fiber, yarn or fabric)
- Individual equipment made from or containing those fibers, yarns, fabrics or materials
- Food
- Hand and measuring tools
Specialty metals were once part of the same section. They now have their own rule (10 U.S.C. §4863, formerly §2533b).
Why "every component" matters
For a combat uniform, it is not enough to cut and sew in the U.S. The cotton or nylon fiber, the yarn, the woven fabric, the thread, the buttons, the zipper and the finishing all have to be domestic. That is why Berry compliance has to start at the fiber and fabric mills and carry through to the garment makers.
Main exceptions
The law and DFARS 225.7002-2 list exceptions. The ones buyers run into most:
- Purchases at or below the simplified acquisition threshold
- Items where a domestic nonavailability determination finds that satisfactory quality and quantity cannot be bought in the U.S. at market prices
- Certain purchases outside the U.S. in support of combat or contingency operations
- A minimal-content allowance for non-domestic fibers and yarns in some end items
Check the current DFARS text for the full list and dollar amounts. They change over time.
How it compares with other domestic-preference rules
| Rule | Who it binds | What counts as domestic |
|---|---|---|
| Berry Amendment 10 U.S.C. §4862 | DoD purchases of covered items | 100% U.S., including every component, unless an exception applies |
| Buy American Act 41 U.S.C. ch. 83 | Most federal supply purchases | Made in the U.S. with a minimum share of domestic component cost (the threshold is rising in steps under the FAR) |
| Trade Agreements Act 19 U.S.C. §2501 et seq. | Federal purchases above trade-agreement thresholds, including GSA schedules | U.S. or a designated partner country, by substantial transformation |
| Kissell Amendment 6 U.S.C. §453b | Department of Homeland Security textile and clothing purchases | Berry-style domestic requirement for covered DHS items |
Common questions
Is there an official list of Berry compliant companies?
No. The Department of Defense does not publish a registry of Berry-compliant suppliers. Compliance applies to specific items on specific contracts, and the contractor certifies it. Directories like this one collect what companies say publicly, which is a starting point, not proof.
What is the difference between Berry compliant and Made in USA?
A Made in USA label under FTC rules means all or virtually all of a product is made domestically. Berry compliance is stricter for covered items: every component, down to the fiber and thread, must be grown, reprocessed, reused or produced in the United States, with only the exceptions written into the law.
Is Berry compliance the same as TAA compliance?
No. The Trade Agreements Act lets the government buy from the U.S. and from designated partner countries. The Berry Amendment requires domestic origin for covered items bought by DoD. A TAA-compliant product made in Mexico or Japan is not Berry compliant.
Does the Berry Amendment apply to small purchases?
Generally not. Purchases at or below the simplified acquisition threshold are exempt, along with a few other exceptions such as domestic nonavailability determinations. Prime contractors often require Berry compliance from suppliers anyway, so a whole contract stays clean.
This page is a general summary, not legal advice. For a specific procurement, read the contract clauses and current DFARS text, and talk to your contracting officer or counsel.