[Code of Federal Regulations] [Title 23, Volume 1] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 23CFR635.409] [Page 190-191] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 635--CONSTRUCTION AND MAINTENANCE--Table of Contents Subpart D--General Material Requirements Sec. 635.409 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 [[Page 191]] Transportation as evidenced by requirements and procedures prescribed by the FHWA Administrator to carry out such policies.