23 CFR 635.409 : Highways (§ 1.1 To Parts 1345-1399) — (§ 1.1 To Parts 1345-1399) — Federal Highway Administration, Department Of Transportation (§ 1.1 To Parts 974-999) — Engineering And Traffic Operations (§ 620.101 To § 669.21) — Construction And Maintenance (§ 635.101 To § 635.417) — General Material Requirements (§ 635.401 To § 635.417) — Restrictions upon materials.

No requirement shall be imposed and no procedure shall be enforced by any State transportation department in connection with a project which may operate:

(a) To require the use of or provide a price differential in favor of articles or materials produced within the State, or otherwise to prohibit, restrict or discriminate against the use of articles or materials shipped from or prepared, made or produced in any State, territory or possession of the United States; or

(b) To prohibit, restrict or otherwise discriminate against the use of articles or materials of foreign origin to any greater extent than is permissible under policies of the Department of Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies.