DOD Tightens Domestic Specialty Metals Requirements

Since the early 1940s, the Berry Amendment has imposed restrictions on the purchase of certain non-U.S. articles, supplies and materials, both to protect U.S. national security interests and to ensure the existence of certain essential domestic industries necessary for the national defense. The domestic source restrictions cover such items as food, clothing, fabrics, and tools. In 1973, Congress extended the Berry Amendment’s coverage to certain designated "specialty metals," such as steel, certain metal alloys, titanium and titanium alloys, and zirconium and zirconium-base alloys. See Sentinel, Spring 2006, for a complete discussion of these specialty metals.

The Department of Defense ("DOD") recently issued guidance implementing revisions to the specialty metal sourcing restriction regulations. Those revisions, included in the FY 2007 National Defense Authorization Act, serve to codify several provisions previously contained in the Defense Federal Acquisition Regulation Supplement