Flag makers push for stronger U.S.-made flag laws

GANSEVOORT, NY — Julye Spinelli was bothered but not surprised when, during a recent visit to Washington, D.C., she found that the American flags in a gift shop next to White House were made in China.

The lack of shock stemmed from her experience as a flag maker and seller who has long battled for more protection of domestic manufacturers. She operates Saratoga Flag Company, which makes custom flags, banners and other materials for customers like historical reenactors or those putting on special events. She also sells domestically made U.S. flags.

Her visit to the U.S. Capitol came as lawmakers were touting a new law they said would promote U.S.-made flags but which Spinelli and other advocates said has a gaping loophole.

“It doesn’t really address the threats that are happening right now to the industry,” Spinelli said of the All American Flag Act, a bipartisan measure signed by President Joe Biden in July. The bill requires the federal government to only purchase flags that are made in the U.S.

The loophole, though, is that it only applies to purchases worth more than $250,000, noted Reggie VandenBosch, vice president of the Pennsylvania-based Valley Forge Flag Co.  With a $250,000 threshold, VandenBosch explained, one of the government’s major buyers, the Department of Veterans Affairs will buy the U.S.-made flags to be draped over veterans' caskets during burial ceremonies.

But, he and Spinelli said, it fails to address what flag makers as well as others in textile-related industries say has been a sharp increase in Chinese-made goods sold online to consumers with misleading advertising or statements suggesting they are U.S.A.-made when they actually are not.
“The number of flags made in China has exponentially increased,” said VandenBosch.

Spinelli said she’s noticed more and more U.S. flags that municipalities and other civic groups retire from service are made in China. Her store has a drop box where people and organizations can drop off their tattered or worn U.S. flags. According to protocol, flag makers like Spinelli take these used flags to the veterans’ cemetery in Stillwater for proper disposal. She’s noticed the increase in imports in recent years. “We’re seeing a major spike,” she said.

Another sign that imports are crowding out domestic flags: Sales of flags in general have been slow so far this year, said VandenBosch, which is in contrast to other presidential years when the use of flags, banners, posters and other displays historically spikes.

With that in mind, Spinelli and VandenBosch are both working with the National Independent Flag Dealers Association, as well as the National Council of Textile Organizations, to address what they say is growing use of the de minimis trade loophole regarding imports.

This loophole allows imported goods worth less than $800 to avoid tariffs when shipped directly to consumers. That means they can be exempt from the kind of inspections to see whether their products are misleadingly labeled as made in the U.S.A.

Representatives of the textile/clothing industry, as well as flag makers, say the recent explosion in online shopping from Chinese platforms like Temu and TikTok, as well as sales from third-party sellers on Amazon, have fueled the increase.

There are ways to tell if a flag is genuinely made in the U.S., VandenBosch said. If it is, it has a specific tag saying it is made in the U.S.A. and it includes a registered identification number. The number, which starts with the letters RN, means it is in a Federal Trade Commission database of items made in the U.S.
Sifting through the mass of flags available on a site like Amazon or Temu can be tricky, though. Some flags may say they are simply American or some vendors may lie or mislead customers and say their products are American-made. There can be tipoffs, though, like grammatical goofs, such as one Chinese-made flag with a caption saying it is “Made in American.”

Another way to tell is to click on the seller’s information link, if it displays an address or other data in Chinese, it’s a good bet the flag wasn’t made in Pennsylvania, New York or another state.

As for the de minimis loophole, Spinelli and other Made in U.S.A. supporters are backing another bipartisan bill, the Make American Flags in America Act.   If passed into law, that would direct the Federal Trade Commission to develop a way to police and control the import of U.S. flags. The measure has bipartisan support: both Capital Region Congressional representatives, Republican Elise Stefanik, the bill’s sponsor, and Democrat Paul Tonko, back the measure.

Spinelli’s business is likewise bipartisan, she said she’ll happily sell flags for both political parties.
“We don’t discriminate when it comes to flags,” she said.

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Rick Karlin, Times Union Staff Writer, covers the environment and energy development for the Times Union. Has previously covered education and state government and wrote about natural resources and state government in Colorado and Maine. You can reach him at  [email protected] or  518-454-5758.