Does this apply to my company?
A company is considered to be “contracting to manufacture” a product if it has some actual influence over the manufacturing of that product. This determination is based on facts and circumstances, taking into account the degree of influence a company exercises over the product’s manufacturing.
A company is not be deemed to have influence over the manufacturing if it merely:
Affixes its brand, marks, logo, or label to a generic product manufactured by a third party.
Services, maintains, or repairs a product manufactured by a third party.
Specifies or negotiates contractual terms with a manufacturer that do not directly relate to the manufacturing of the product.
The requirements apply equally to domestic and foreign issuers.