Certification Std Quick Reference

Basic Program Outline
Operation of Program
Testing Requirements
Enforcement

Certification Standards

My American Jobs Procedural Guide For The Certified American Made Program

SECTION 1 - BASIC PROGRAM OUTLINE

1.1 PRODUCTS COVERED

This program covers all products with a percentage of US based content of 50% or greater and is divided into three certification levels as defined by this standard.

1.2 BASIS OF PARTICIPATION

Participation in this program is voluntary and consist of the following.

1.2.1 Certification Application

Examination and evaluation of each manufacturers completed certification application as submitted for each product to be certified (see 2.2).

1.2.2 Random Inspection Program

Participation by the manufacturer in the random inspection program. Inspections to be performed at one or more of the Manufacturers factories. Product tests to be preformed at the MAJ Auditing Center (see 3.1).

1.2.3 Challenge Test

Participation by the manufacturer in the Challenge Test Procedure. (see 3.1.1.4).

1.3 EVIDENCE OF PARTICIPATION

1.3.1 By MAJ

MAJ will publish a Directory periodically, at intervals established by the Procedural Guide Committee, listing all participants and their products with certified data (see 2.2.3).

1.3.2 By Participants

The participating manufacturer may indicate its participation in the program by affixing the appropriate Certification Symbol (seal) on all certified units included in the Program and by displaying the seal on specification sheets, advertising, and in other literature carrying ratings, or claiming participation in the Program. The Seal may be affixed to units only at the time and place of manufacture. The seal may not be sold, lent, or transferred in any manner.

1.4 DATE OF EFFECT OF PROGRAM

For any participant entering the Program, the “date of effect” or “date of entry” is the date of signing the License Agreement of MAJ. Following acceptance of a certification application by the procedure outlined herein, the participating manufacturer can immediately begin to use the Certification Symbol (see 2.3).

SECTION 2 - OPERATION OF PROGRAM

2.1 COST OF PROGRAM

2.1.1 General

In order to cover the cost of administration and conduct the Random Inspection Program an initial Application Fee and a reoccurring annual Certification Fee will be assessed in accordance with the Program’s Fee Schedule available from MAJ on request.

2.1.1.1 Changes in Fees

Any proposed increase in fees will be made known to all participants at least 30 days in advance of being finalized. Any final increase in fees will become effective no sooner than 60 days after official notification of such final change.

2.1.1.2 Application Fee

Upon submission of the certification applications on the complete line of products in production to be certified, MAJ shall invoice the manufacturer in the amount of the application fee published in the Fee Schedule. Private labelers are assessed fees as provided in 2.1.2.4

2.1.1.3 Charge Per Unit Shipped

MAJ does not charge per unit shipped.

2.1.1.4 Directory Cost

Electronic copies of the directory will be provided free of charge on the MyAmericanJobs.com website. Directories will include all products that are Certified American Made, Manufactures of these products and Retailers that sell the products.

2.1.1.5 Shipping Cost

Participant shall pay all shipping cost associated with shipping documentation and/or product samples to and from the MAJ Auditing Center.

2.1.2 Specific Cases

2.1.2.1 Products in Stock and Continuing in Production

All products that are in stock or currently in production that fall within the scope of the Program shall be certified by the manufacturer to be from the same factories and using the same supply lines as those that certification is sought.

2.1.2.2 New Products Being Put Into Production

All new products shall be certified, after certification the new product will be grouped with other similar products from the manufacturer for annual re-certification purposes.

2.1.2.3 Manufacturer Entering the Program for the First Time

A manufacturer entering the Program for the first time shall submit a certification application listing each product coming within the scope of the Program prior to being eligible to have the manufacturer name and products listed in the Directory.

2.1.2.3.1 Initial Product Audit

As part of the procedure for this certification, the manufacturer shall submit the completed Certification Application and all applicable documentation listed within the application. If the initial product audit does not confirm compliance the manufacturer will be given the opportunity to submit additional documentation and/or a product sample if appropriate for a secondary audit. The cost of the initial and secondary audits will be absorbed by the Program. If the secondary test does not confirm compliance the manufacturer may request an on site inspection.

2.1.2.3.2 On Site Inspection

A manufacturer may request an MAJ Inspector for an on site inspection of the manufacturing facility and/or a suppliers facility. All cost of the on site inspection including travel, lodging, and per diem shall be paid be the manufacturer regardless of the outcome of the inspection.

2.1.2.3.3 Compliance Failure

In the event the product fails to meet certification criteria the product is withdrawn from the Program and the application fee is forfeited and shall be retained by MAJ.

2.1.2.4 Private Brand Labeler Entering the Program for the First Time

A private brand labeler entering the Program for the first time, who purchases products certified under the Program by the original equipment manufacturers in the Program, shall have the manufacturer file on behalf of the private brand, certification applications and a certification affidavit in order to cover the complete line of products that are within the scope of the Program.

2.1.2.4.1 Fees

Upon submission of certification applications on the complete line of products sold by the private brand labeler, MAJ shall invoice the private labeler a Private Brand Rating Extension Fee according to the Fee Schedule.

2.1.2.5 Private Brand Labeler Purchasing previously Uncertified Products

A private brand labeler who wishes to include models in the Program, but who purchases uncertified units from an original equipment manufacturer, shall certify such models under the procedure established under 2.1.2.3, and meet all other requirements of Program participation including payment of the application fee and filing certification applications and affidavits.

2.2 PROCEDURE FOR CERTIFICATION

2.2.1 Certification Forms

The Program Administrator will provide each original equipment manufacturer with application forms for certification of products. Only these forms shall be used in submitting products for certification.

2.2.1.1 Originator of Submittal

Original Equipment Manufacturers submit all forms.

2.2.1.2 Use of Data

All data submitted to the Program Administrator and developed by the Program Administrator, shall be held confidential, except such information that is published in the Directory (see 2.2.6) or otherwise authorized for release by MAJ. Such data includes:

Communication with manufacturers supply line for the purpose of verifying or determining U.S. content in supplies received.
Communication with Brand Labelers/Licensor with regard to audit result which manufacturer deems necessary for the proper operation of the Program.
Communication with challenging manufacturers with regard to the Program Administrators audit results and findings of a challenged product.

2.2.1.3 Materials Received from Multiple Suppliers

If a participant has multiple suppliers for a material or part and one or more of them is foreign sourced the participant will be required to provide MAJ with documentation showing quantities of each used. American suppliers should be used except to the extent satisfactory quality and sufficient quantity of any such product cannot be procured as and when needed.

2.2.1.4 Products Manufactured in Multiple Plants

If a participant has multiple manufacturing facilities for a product and one or more of the facilities are not domestic the only products to be certified and permitted to use the certification symbol(see 2.3) are the products produced in the domestic plants. The participant will provide the program administrator with evidence of a system in place to determine which plant a product was produced in.

2.2.1.5 Failure to Provide Supply Line Information

In the event a participant fails to provide adequate data about a supplier or the supplier will not cooperate with the audit, the parts or materials received from this supplier will be considered foreign sourced and calculated into the overall certification as such.

2.2.1.6 Product Groups

Participants that manufacture multiple products or versions of a product using the same materials, parts, suppliers AND labor where the products differ in design only may group the products together in the Certification Application. All materials, parts and suppliers must be listed for the group. The name of each product within the group must be listed.

2.2.2 Certification Level

MAJ’s Program Administrator shall make the determination as to which level of certification a product receives, 3 Star, 4 Star, or 5 Star based on the U.S. content within the product.

2.2.2.1 Certification Level Improvement

A manufacturer may request a certification level improvement (i.e. 3 Star to 4 Star) at any time by submitting a summary of changes made to the product (i.e. using a U.S. supplier for a part or material that was previously a foreign supplier). The Program Administrator will determine if the change was significant enough to comply with the standards of the improved level. If the product’s certification level is improved the manufacturer will immediately be allowed to use the insignia of the new level and the directory will be updated to reflect said change. The Program will absorb the cost of all improvement audits.

2.2.3 Publication of Certified Products

The following information pertaining to each product certified, shall be published in the directory:

Name of Manufacturer
Address of Manufacturer
Trade or Brand Name of Product
Model Number(s) or Designation(s)
Certification Level

2.3 DISPLAY OF CERTIFICATION SYMBOL ON PRODUCTS

Each participating manufacturer is entitled to display the Certification Symbol on products that have been certified. The Certification Symbol must conform to the design approved for the Symbol (specification for which will be supplied by MAJ) and in all respects, including design, dimensions, letter size, and color.

2.4 APPEALS AND DISPUTE RESOLUTION

2.4.1 Appeals

A participating manufacturer may ask for a retest of any product or set of products tested as part of the Random test procedure described in section 3.2 if the manufacturer believes that the test has been conducted incorrectly. In making this request, the manufacturer shall describe the specific step or part of the test that is being questioned and provide data or other evidence that indicates an error may have occurred. The manufacturer must submit a request for retest within 10 days of receiving the test report from the Program Administrator. The Program Administrator shall decide to grant or deny the request within 5 days of receiving the request. If the request is granted the retest shall be conducted within 5 days of that decision.

If the retest indicates that the first test of the product(s) was conducted incorrectly, the first test result(s) will be voided. The results of the retest(s) will be used to determine whether the product’s content is verified and whether any additional action is required in accordance with the Program’s procedures.

2.4.2 Review Committee

Any issue that cannot be resolved by the Appeals process shall be referred to a three-member Review Committee appointed by the President of MAJ within 15 days after receiving notice of the dispute. The panel shall give adequate notice and promptly hold a hearing affording all parties an opportunity to be heard. The panel shall render a decision within 30 days of the hearing.

SECTION 3 - TESTING REQUIREMENTS

3.1 GENERAL

The Program requires that all certification applications be based on tests, or calculations based on tests.

3.1.1 Types of Tests

Within the Program, tests may be conducted under the following procedures:

Initial Test
Random Test
Random On-site Inspection
Challenge Test

3.1.1.1 Initial Test

The Program Administrator will conduct the Initial Test using the procedure listed in sec. 3.2 on all products listed on the certification application. The Program Administrator may determine an on-site Inspection of the participants manufacturing facility(s) is necessary to complete the certification, in this event the participant will be contacted to set up a date for the on-site inspection.

3.1.1.2 Random Test

The Program Administrator will conduct a random test of products using the procedure listed in section 3.2. The Random test will be conducted on 10 percent of total products certified from all participants annually. A participant who has a product selected for a random test may be asked to verify information within their original application or most recent re-certification. The participant may be asked to provide additional documentation to prove conformity and will be given 30 days to provide the documents.

3.1.1.3 Random On-site Inspection

A random on-site inspection will be conducted by MAJ inspectors for 10 percent of all participants and may include one or all of the participants manufacturing facilities that are included within the Program. The participant will be given no less than five days notice for an on-site inspection.

3.1.1.4 Challenge Test

Any participant that wishes to file a challenge against a product manufactured by another participant in the Program must first submit supporting test data and evidence to the Program Administrator. If in the judgment of the Program Administrator there appears to be reasonable grounds for action, the challenge test shall proceed as follows:

MAJ will review selection and testing records to determine the status of the product in question with respect to the Program. If it has been tested recently, MAJ will review the results then contact the challenger to inquire whether or not they wish to proceed based on the outcome. If the product is in the process of being tested, the challenger shall be informed that the challenge cannot be accepted because the rating of the product is under review. If the product is scheduled for testing, MAJ will contact the challenger and inquire whether or not they wish to proceed or withdraw in deference to the random testing of the product. In either case, the challenger shall be subsequently notified if the randomly selected sample complies with the acceptance criteria.
The Program Administrator shall notify the manufacturer of the challenge.
The product shall be tested for compliance according to the Test Procedure(sec 3.2). If the test results comply with the acceptance criteria, the challenge shall be considered unjustified. If the acceptance criteria are not met, the challenge shall be considered justified.
The cost of testing shall be borne completely by one of the two parties concerned. In the event that the test results show the challenge to be justified, the manufacturer of the model in question shall pay the costs and take appropriate action as specified in Section 4.3. In the event the test results do not bear out the challenge, challenger shall pay these costs.

3.2 Test Procedure

All non-USA suppliers receive a 0% inclusion in final value
ux = percentage of subunit within product component
cx = percentage of component to product whole
Swx = Weighted supplier contribution to product whole
PT = Product total
DA = 20% if product assembly is deemed domestic. 0% if foreign product assembly.
Swx = cx * (u1 + u2 + u3 +….un)
PT = (Sw1+ Sw2+ Sw3+…Swn )* 80% + DA

3.2.1 Acceptance Criteria

If the results of the test indicate that X is equal or greater than 50% the product is eligible for certification under one of the following levels.

3-STAR 50% to 74%
4-STAR 75% to 94%
5-STAR > 95%

3.2.2 Failure

In the event that the participant’s product is unable to prove conformance within the acceptance criteria (sec 3.2.1) the product shall be considered in noncompliance. Further action regarding such a finding shall be in accordance with section 4.3.

3.3 Test Procedure Revisions and Modifications

The MAJ Test Procedure upon which the Challenge Procedure is based cannot be changed without proposed amendments being published on MyAmericanJobs.com website and giving interested parties at least 45 days to present oral and written views. The MAJ Certification Program offers an opportunity to first have a proposed amendment developed by MAJ, manufacturers, retailers, or consumers that perhaps can achieve consensus on needed changes and can be submitted to MAJ as a Program-recommended amendment.

SECTION 4 - ENFORCEMENT

4.1 Voluntary Re-rating

If by testing in the participants own facilities or otherwise, a participant has reason to believe that a product has been certified at a rating better than is supportable under this Program, the participant may voluntarily re-rate that model and other models similarly affected by such re-rating without testing, or further testing, under the Program, provided that the participant complies with the notice requirements set out in Section 4.3.2 and the requirement to modify advertising literature set out in Section 4.4. The Program Administrator will schedule testing of such products on a high priority basis consistent with the orderly administration of the Program.

4.2 Continued Violation

In the case of continued violation of provisions of the Certification Agreement or Procedural Guide as applicable, the Certification Symbol shall be withdrawn and the participant’s entire listing shall be removed from the next and subsequent issues of the Directory. When this action is taken, the next issue of the Directory shall list the name of the participant and the words “Listing Withdrawn” and Section 4.3.2 will be applied if appropriate. Appeal of this action may be made to MAJ Procedural Guide Committee as specified in Section 2.4.

4.2.1 Notice of Violation

Before such withdrawal of privileges shall be made, the manufacturer shall have been notified of the violation or violations and have had fifteen (15) days during which to correct, or to have made substantial progress toward correction of, the causes of the violation.

4.3 Failure Under Random or Challenge Test

Except as noted below, if any product is found by random or challenge test to be in noncompliance, it shall be treated as an obsolete model (see 4.3.1), re-rated (see 4.3.2) or actions described in Section 4.3.4 shall be taken. Products found in noncompliance with less than the applicable minimum conformance requirement may not be re-rated.

4.3.1 Obsolete Model

Where a unit acquired under the random or challenge test procedure has failed and the manufacturer claims it to be obsolete (current production incorporating one or more changed components), its replacement counterpart shall be identified by a new or clearly revised model number designation.

4.3.1.1 Test of Revised Model

Where a product has failed under random or challenge test procedure, and has been declared obsolete by the manufacturer, its replacement counterpart shall be subjected to a random test to validate its rating. If the model is re-rated and a manufacturer submits a new model that replaces the re-rated model at its previous certification rating, the new model shall be subjected to a random test at the testing agency to validate its rating. The cost of the testing required above shall be borne by the Program if the result satisfies the acceptance criteria specified in 3.2.1. If the test result does not meet the criteria specified in 3.2.1, the cost of testing will be charged to the manufacturer.

4.3.2 Manufacturers Notice Procedure Under a Re-rating Determination

Upon a determination that a re-rating is necessary, the manufacturer is to revise the rating for that product(s) and all derivative products based on the test results of the products(s) within fifteen (15) days of manufacturer’s voluntary decision to re-rate or receipt of written decision to re-rate or receipt of written notification from the Program Administrator that a re-rating is required. Within those fifteen (15) days, whether or not the product is in production, the manufacturer shall at their own expense give notice of the revised claims in writing to all distributors or others under their control in the line of distribution, including private brand owners, who are responsible for sales to dealers or other retail outlets. Failure to comply with the requirements of this subsection will results in the termination of the manufacturer from the Program.

4.3.3 Revision of Literature

Any changes in product(s) or Program participation status resulting from Section 4 activity shall require Licensee to revise all literature (e.g. specification sheets, full line folder, ad mats, plus any sales promotion and/or advertising materials which could be used with potential consumers) at its next printing.

4.4 Violation of Rules Concerning Advertising Literature

If a participant violates the provisions of this Procedural Guide in the publication of specification sheets, literature and all other advertising, such publication shall promptly be discontinued or corrected, or the action described in Section 4.2 shall be taken. Indication of such discontinuance or correction must be furnished promptly to the Program Administrator and MAJ.

4.5 Notice to Other Program Participants of Participants Withdraw or Termination

If Program participation is cancelled under the Program, MAJ Notification to all other Program participants shall include these terms: “As of (date), the (company) is no longer a participant in the MAJ Certification Program. Only units of the former participant covered by the Program that were manufactured before that date may continue to display the MAJ Certification Symbol (Seal), and the participant is not authorized to make further reference in literature and advertising materials to its participation in, or ratings pursuant to, the MAJ Certification Program.”