World Fence News

August 2011

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28 • AUGUST 2011 • WORLD FENCE NEWS Special to World Fence News Industrial • Commercial • Farm • Ranch Certified Fencing Materials Interstate Highway • Federal or State Land Projects Oil Field Sites and Open Pit Mining • Residential Right-of-Way Gate • Field Fence • T-Posts/Wood Posts • Barbed Wire • Tubular Right-of-Way Gates • Portable Fencing Systems • Corner/Anchor Posts • High Tensile CROSSLOCK Game Fence Field Fence Non-Climb Horse Fence CG650 2", 16 ga. Available in Red, Green,Old Iron Gray, Canyon Tan or Heavy Duty Brown High Tensile Cross Lock Fence Rigid yet flexible, Red Brand horse fence with 2"x 4" vertical mesh pattern and Square Deal knots provides superior strength that withstands equine antics. Class I & Class III galvanized coating in 9, 11 & 12 1/2 gauges, four heights with hinge joint or Square Deal knot. All the styles and strength of field fence you need for any project. V-Mesh Fence Continuously interwoven vertical wires with horizontal cable form perfect hinge joints for flexibility. Available in 2 styles: M-5, I-2. 165 foot rolls. Barbed & Barbless Wire Livestock, Equine, Wildlife, Pasture and Corral Gates Corral gates, pasture gates, wire-filled gates, utility gates, panel gates and wildlife gates in widths from 4’ to 20’. All Gates are constructed to meet Federal and State highway "Right of Way" specifications. Call for quotes meeting state and federal DOT specifications www.hutchison-inc.com 800-525-0121 Gives maximum protection. High carbon, steel wire construction bounces back. Cross Lock knot leaves no sharp edges. Ornamental Fence Certified T-Post 1.33 certified ASTM Navigating the complex world of domestic certifications BY ELAINE THOMPSON, DIRECTOR OF INDUSTRY AFFAIRS, ALLIED TUBE & CONDUIT, A PART OF ATKORE INTERNATIONAL, INC. Ever since the American Recovery and Reinvestment Act (ARRA) was enacted into law in 2009, the land- scape of domestic manufacturing re- quirements has become increasingly confusing. A key part of the ARRA is the Buy American Construction provi- sions that contain requirements for manufacturing in the U.S. They also contain requirements for domestic iron and steel. So why is that so confusing? Be- cause there is also a Buy American Act (BAA) that was enacted in 1933, and the Buy America Act requirements govern most Department of Trans- portation projects. Each of these Acts has different domestic requirements and different allowances for when non-domestic products can be used. When you are working on a proj- ect that requires domestic product cer- tification, a clear understanding of which particular regulation is in play is critical to obtaining accurate certifi- cation. We are often asked for “Made in USA” certificates, for example, but must determine whether the actual reg- ulation covering the project is ARRA or BAA, as the requirements for each of these are different. Here’s an overview of the high- lights of each regulation: ARRA (American Recovery and Reinvestment Act of 2009) • Also known as “the stimulus bill.” • Often referred to as the “Buy American Act.” • Easily confused with the original Buy American Act (see below), which has less restrictive domestic content rules. • Requires iron and steel in con- struction products to be made in the U.S. • Requires U.S. manufactured products except... — Exceptions allowed for certain countries that have trade agreements with the U.S. • Large federally-funded projects only (verify project requirements with contracting officer). • Exception does not apply to state/local projects that do not have trade agreements with “recovery-act countries.” • Covered by FAR (Federal Ac- quisition Regulation) 52.225-21 through 24. Buy American Act (of 1933) • Federal government construction contracts (public works). • Products must be manufactured in the U.S. • Cost of the components mined, produced, or manufactured in the U.S.: — Must exceed 50% of the cost of all components... or — If the product is a COTS (com- mercially-available off-the-shelf) item, domestic origin of components is not required. • Allows the use of products from certain countries that have trade agree- ments with the U.S. on large projects (verify the project requirements with the contracting officer). • Covered by FAR 52.225-9 through 52.225-12 Buy America Statute: • First enacted in 1964 and since amended. • Applies to Department of Trans- portation (DOT) projects. — Federal Transit Administration (FTA) grants. — Federal Highway Administra- tion (FHWA) grants. • Manufacturing must take place in the U.S. • All components must be of U.S. origin. • Iron and steel manufacturing processes must take place in the U.S. “Made in the USA” • Labeling/marking issue. • Requirements for determining if a product can be so-marked are differ- ent from the above requirements. • The standard is set by the Fed- eral Trade Commission (FTC). “Country of Origin” • Frequently requested because of export/import issues. • Trade agreements such as NAFTA and CAFTA have specific re- quirements for “country of origin” de- terminations. • Should not be confused with the domestic requirements shown above. The Allied Tube/Atkore Industry Affairs team can help you sort through the complex world of domestic re- quirements. Contact the team at industryaffairs@atkore.com. The statements made herein are based on Atkore’s interpretation of the above regulations and requirements. Alternate interpretations may exist.

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