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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 848
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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What is the definition of "made in the UK"? We make radio remote

Resolved Question:

What is the definition of "made in the UK"? We make radio remote control systems and most of our components come from overseas - however the assembly and testing of the circuit boards with these components is done in the UK and the subsequent complete assembly and testing of the finished product is done in the UK at our factory. Can we legally add a "made in the UK Union flag to the finished product?
Tim Halford
Lodar Ltd
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
The Trade Descriptions Act makes it an offence for a trader to make false or misleading statements about goods or services. It carries criminal penalties and is enforced by Trading Standards Officers, making it an offence for a trader to:
apply a false trade description to any goods
supply or offer to supply any goods to which a false trade description has been applied
make certain kinds of false statement about the provision of any services, facilities or accommodation.
The relevant section in relation to your question is:
36.-(l) For the purposes of this Act goods shall be deemed
to have been manufactured or produced in the country in which
they last underwent a treatment or process resulting in a sub-
stantial change.
(2) The Board of Trade may by order specify-
(a) in relation to any description of goods, what treatment
or process is to be regarded for the purposes of this
section as resulting or not resulting in a substantial
change ;
(b) in relation to any description of goods different parts of
which were manufactured or produced in different
countries, or of goods assembled in a country different
from that in which their parts were manufactured or
produced, in which of those countries the goods are
to be regarded for the purposes of this Act as
having been manufactured or produced
It therefore follows that goods are deemed to have been manufactured or produced in the country in which they last underwent a treatment or process resulting in a substantial change.
The term "substantial change' is not defined in the Act. The current case law is not easy to follow. Making a dress from a piece of material is a substantial change , silver plating knifes is not a substantial change.
As the legislation is enforced by Trading Standards - I would advise that you should contact your local Trading Standards Office, so that you can get the answer from the horses mouth as whether or not they consider the production process you have a sufficient substantial change to allow you to use the words - made in UK.
Kind Regards
Caroline
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ukfamilysolicitor and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks - that's as I thought. No further information is needed

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