“Can we source from Africa? I didn’t know that we could buy fabric and products from Africa. Like most people, I just automatically thought to source from China.”
A young man from Brooklyn, NY based brand, Jerome Oliver Jones, shared this sentiment with me yesterday while I was at the “Origin Africa” booth (#236) exhibiting at the 2012 “TEXWORLD” show, an apparel and textiles trade show, taking place at New York City’s Javitts Center through this Wednesday, January 18, 2012.
He is right, at least he is in my experience, that most do think to automatically source from China simply because they are the “go to” country for so many products manufactured and imported into the U.S.
Origin Africa is here to spread the word about the ability of sourcing products from Africa in order to promote trade between Africa and the world. As simply stated by Daniel Wolf, of USAID’s "South African Trade Hub," whom I met at the Origin Africa booth, “Africa makes good products.”
From the sampling of apparel products available at the booth, my estimation is that Africans make great textile and apparel products. Labels including “Doreen Mashika,” “Indego Africa,” “ki2fashion,” and “Bonk,” had products available to view, together with a message about ending conflict on the continent and the problem of the abduction of children who are forced to fight as soldiers, through a movement known as “Invisible Children.”
At the helm of Origin Africa is Chad Schofield who has been in the sourcing business for decades and represents African manufacturers, works to get them “export ready,” and assists them so that their manufacturing capabilities are adaptable and dependable.
Origin Africa has a two-pronged formula that acts as both a sourcing and branding program. The former involves showing the benefits to US companies of sourcing from Africa, while the latter focuses on introducing African brands to the U.S.
One benefit I observed through discussions with Chad was the ability to have a small production run of say 200-300 shirts, as opposed to a requirement to have behemoth (i.e., enormous) volumes before a manufacturer would even listen to you.
Small batch runs allow for customized colors and collections, bringing greater creativity and recognition to the designer, as well as greater diversity to the consumer.
A second benefit is the ability to source organic cotton products which is not only good for the environment, but as I described to fashion designer “Aschobi” recently, it is “cool to be conscience,” and fashion has been trending in the "eco-fashion" direction which has been gaining momentum in recent years.
If you are interested in souring from Africa, Mr. Schofield may be reached via email at chad.schofield@threeglobal.com.
Questions/comments? Post below or email me at clark.deanna@gmail.com
Tuesday, January 17, 2012
Wednesday, January 11, 2012
(The Many) Invoice Declarations Required for Imported Footwear
Whereas most articles imported into the U.S. are not required to have declared on a commercial invoice (or attached to an invoice) many details beyond the quantity, price, and a limited number of other factors, certain categories of imports, such as bed linens and wearing apparel, require significantly more.
Footwear is a category that requires many more details as well, so much so, that often times there is an additional “boilerplate” form filled out with the information that is commonly known as an “Interim Footwear Invoice.”
---As an aside, an experienced importer of footwear will know about this rule. For new importers, be sure to do your “homework” on import requirements as the lack of this information can raise a red flag to US Customs as to both an importer’s reasonable care compliance obligations as well as to the truthfulness of the imports as declared on the entry and commercial invoice.
To give you an idea of what is required, as described in 19 CFR §141.89 and reprinted below, additional declarations for Footwear, classifiable in headings 6401 through 6405 of the HTSUS, include identifying the:
1. Manufacturer's style number.
2. Importer's style and/or stock number.
3. Percent by area of external surface area of upper (excluding reinforcements and accessories) which is:
Leather, composition leather, rubber and/or plastics, textile materials, or “other,” and requires specifying the percentage of each type of material.
4. Percent by area of the external surface area of the outersole (excluding reinforcements and accessories) that is:
Leather, composition leather, rubber and/or plastics, textile materials, or “other,” and requires specifying the percentage of each type of material.
Other footwear requirements under this same provision (19 CFR §141.89) may include answering questions “A” to “Z” (yes, all of them!) as follows:
A. The percent of external surface area of upper (including leather reinforcements and accessories)
Which is leather _____%
B. The percent by area of external surface area of upper ( including all reinforcements and accessories)
Which is rubber and/or plastics _____%
C. Percent by weight of rubber and/or plastics is _____%
D. Percent by weight of textile materials plus rubber and/or plastics is _____%
E. Is it waterproof?
F. Does it have a protective metal toe cap?
G. Will it cover the wearer's ankle bone?
H. Will it cover the wearer's knee cap?
I. [Reserved.] (i.e., unknown to the public...)
J. Is it designed to protect against water, oil, grease, or chemicals, or cold or inclement weather?
K. Is it a slip-on?
L. Is it a downhill or cross-country skiboot?
M. Is it serious sports footwear other than skiboots? (Chapter 64 subheading note defines sports footwear.)
N. Is it a tennis, basketball, gym, or training shoe or the like?
O. Is it made on a base or platform of wood?
P. Does it have open toes or open heels?
Q. Is it made by the (lipped insole) welt construction?
R. Is it made by the turned construction?
S. Is it worn exclusively by men, boys or youths?
T. Is it made by an exclusively adhesive construction?
U. Are the fibers of the upper, by weight, predominately vegetable fibers?
V. Is it disposable, i.e. , intended for one-time use?
W. Is it a “Zori”?
X. Is the leather in the upper pigskin?
Y. Are the sole and upper made of woolfelt?
Z. Is there a line of demarcation between the outer sole and upper?
The information requested above may be furnished on a US Customs form, CF 5523, or other appropriate format by the exporter, manufacturer or shipper.
Where footwear falls into a particular tariff classification, namely one in HTSUS subheading 6401.99.80, 6402.19.10, 6402.30.30, 6402.91.40, 6402.99.15, 6402.99.30, 6406.11.40, 6404.11.60, 6404.19.35, 6404.19.40, or 6404.19.60, the following information must also be provided:
1) Does the shoe have a foxing or foxing-like band? If so, state its materials(s).
2) Does the sole overlap the upper other than just at the front of the toe and/or at the back of the heel?
In order to help clarify the meaning of some of the terms in "A" to "Z" above, the regulations provide definitions as follows:
a. In an exclusively adhesive construction, all of the piece(s) of the bottom would separate from the upper or from each other if all adhesives, cements, and glues were dissolved. It includes shoes in which the pieces of the upper are stitched to each other, but not to any part of the bottom. Examples include:
1. Vulcanized construction footwear;
2. Simultaneous molded construction footwear;
3. Molded footwear in which the upper and the bottom are one piece of molded rubber or plastic, and
4. Footwear in which staples, rivets, stitching, or any of the methods above are either primary or just extra or auxiliary, even though adhesive is a major part of the reason the bottom will not separate from the upper.
b. Composition leather is made by binding together leather fibers or small pieces of natural leather. It does not include imitation leathers not based on natural leather.
c. Leather is the tanned skin of any animal from which the fur or hair has been removed. Tanned skins coated or laminated with rubber and/or plastics are “leather” only if the leather gives the material its essential character.
d. A line of demarcation exists if one can indicate where the sole ends and the upper begins. For example, knit booties do not normally have a line of demarcation.
e. Men's, boys' and youths' sizes cover footwear of American youths sizes 111/2and larger for males, and do not include footwear commonly worn by both sexes. If more than 4% of the shoes sold in a given size will be worn by females, that size is “commonly worn by both sexes.”
f. Footwear is designed to protect against water, oil or cold or inclement weather only if it is substantially more of a protection against those items than the usual shoes of that type. For example, leather oxfords will clearly keep one's feet warmer and drier than going barefoot, but they are not a protection in this sense. On the other hand the snow-jobber is the protective version of the nonprotective jogging shoe.
g. Rubber and/or plastics includes any textile material visibly coated (or covered) externally with one or both of those materials.
h. Slip-on includes:
1. A boot which must be pulled on.
2. Footwear with elastic cores which must be stretched to get it on, but not bootwear having a separate piece of elasticized fabric which forms a full circle around the foot or ankle.
i. Sports footwear includes only:
(1) Footwear which is designed for a sporting activity and has, or has provision for, the attachment of spikes, sprigs, cleats, stops, clips, bars or the like;
(2) Skating boots (without skates attached), ski boots and cross-country ski footwear, wrestling boots, boxing boots and cycling shoes.
j. Tennis shoes, basketball shoes, gym shoes, training shoes and the like covers athletic footwear other than sports footwear, whether or not principally used for such athletic games or purposes.
k. Textile materials are made from cotton, other vegetable fibers, wool, hair, silk or man-made fibers. Note: Cork, wood cardboard and leather are not textile materials.
l. In turned construction, the upper is stitched to the leather sole wrong side out and the shoe is then turned right side out.
m. Vegetable fibers include cotton, flax and ramie, but do not include either rayon or plaiting materials such as rattan or wood strips.
n. Waterproof footwear includes footwear designed to protect against penetration by water or other liquids, whether or not such footwear is primarily designed for such purposes.
o. Welt footwear means footwear constructed with a welt, which extends around the edge of the outer sole, and in which the welt and shoe upper are sewed to a lip on the surface of the insole, and the outer sole is sewed or cemented to the welt.
p. A zori has an upper consisting only of straps or thongs of molded rubber or plastic. This upper is assembled to a foamed rubber or plastic sole by means of plugs.
For more information about importing Footwear, US Customs has an “Informed Compliance Publication” which may be accessed here.
To see a sample of an “Interim Footwear Invoice,” click here.
Questions/comments? Post below or email me at clark.deanna@gmail.com
Footwear is a category that requires many more details as well, so much so, that often times there is an additional “boilerplate” form filled out with the information that is commonly known as an “Interim Footwear Invoice.”
---As an aside, an experienced importer of footwear will know about this rule. For new importers, be sure to do your “homework” on import requirements as the lack of this information can raise a red flag to US Customs as to both an importer’s reasonable care compliance obligations as well as to the truthfulness of the imports as declared on the entry and commercial invoice.
To give you an idea of what is required, as described in 19 CFR §141.89 and reprinted below, additional declarations for Footwear, classifiable in headings 6401 through 6405 of the HTSUS, include identifying the:
1. Manufacturer's style number.
2. Importer's style and/or stock number.
3. Percent by area of external surface area of upper (excluding reinforcements and accessories) which is:
Leather, composition leather, rubber and/or plastics, textile materials, or “other,” and requires specifying the percentage of each type of material.
4. Percent by area of the external surface area of the outersole (excluding reinforcements and accessories) that is:
Leather, composition leather, rubber and/or plastics, textile materials, or “other,” and requires specifying the percentage of each type of material.
Other footwear requirements under this same provision (19 CFR §141.89) may include answering questions “A” to “Z” (yes, all of them!) as follows:
A. The percent of external surface area of upper (including leather reinforcements and accessories)
Which is leather _____%
B. The percent by area of external surface area of upper ( including all reinforcements and accessories)
Which is rubber and/or plastics _____%
C. Percent by weight of rubber and/or plastics is _____%
D. Percent by weight of textile materials plus rubber and/or plastics is _____%
E. Is it waterproof?
F. Does it have a protective metal toe cap?
G. Will it cover the wearer's ankle bone?
H. Will it cover the wearer's knee cap?
I. [Reserved.] (i.e., unknown to the public...)
J. Is it designed to protect against water, oil, grease, or chemicals, or cold or inclement weather?
K. Is it a slip-on?
L. Is it a downhill or cross-country skiboot?
M. Is it serious sports footwear other than skiboots? (Chapter 64 subheading note defines sports footwear.)
N. Is it a tennis, basketball, gym, or training shoe or the like?
O. Is it made on a base or platform of wood?
P. Does it have open toes or open heels?
Q. Is it made by the (lipped insole) welt construction?
R. Is it made by the turned construction?
S. Is it worn exclusively by men, boys or youths?
T. Is it made by an exclusively adhesive construction?
U. Are the fibers of the upper, by weight, predominately vegetable fibers?
V. Is it disposable, i.e. , intended for one-time use?
W. Is it a “Zori”?
X. Is the leather in the upper pigskin?
Y. Are the sole and upper made of woolfelt?
Z. Is there a line of demarcation between the outer sole and upper?
The information requested above may be furnished on a US Customs form, CF 5523, or other appropriate format by the exporter, manufacturer or shipper.
Where footwear falls into a particular tariff classification, namely one in HTSUS subheading 6401.99.80, 6402.19.10, 6402.30.30, 6402.91.40, 6402.99.15, 6402.99.30, 6406.11.40, 6404.11.60, 6404.19.35, 6404.19.40, or 6404.19.60, the following information must also be provided:
1) Does the shoe have a foxing or foxing-like band? If so, state its materials(s).
2) Does the sole overlap the upper other than just at the front of the toe and/or at the back of the heel?
In order to help clarify the meaning of some of the terms in "A" to "Z" above, the regulations provide definitions as follows:
a. In an exclusively adhesive construction, all of the piece(s) of the bottom would separate from the upper or from each other if all adhesives, cements, and glues were dissolved. It includes shoes in which the pieces of the upper are stitched to each other, but not to any part of the bottom. Examples include:
1. Vulcanized construction footwear;
2. Simultaneous molded construction footwear;
3. Molded footwear in which the upper and the bottom are one piece of molded rubber or plastic, and
4. Footwear in which staples, rivets, stitching, or any of the methods above are either primary or just extra or auxiliary, even though adhesive is a major part of the reason the bottom will not separate from the upper.
b. Composition leather is made by binding together leather fibers or small pieces of natural leather. It does not include imitation leathers not based on natural leather.
c. Leather is the tanned skin of any animal from which the fur or hair has been removed. Tanned skins coated or laminated with rubber and/or plastics are “leather” only if the leather gives the material its essential character.
d. A line of demarcation exists if one can indicate where the sole ends and the upper begins. For example, knit booties do not normally have a line of demarcation.
e. Men's, boys' and youths' sizes cover footwear of American youths sizes 111/2and larger for males, and do not include footwear commonly worn by both sexes. If more than 4% of the shoes sold in a given size will be worn by females, that size is “commonly worn by both sexes.”
f. Footwear is designed to protect against water, oil or cold or inclement weather only if it is substantially more of a protection against those items than the usual shoes of that type. For example, leather oxfords will clearly keep one's feet warmer and drier than going barefoot, but they are not a protection in this sense. On the other hand the snow-jobber is the protective version of the nonprotective jogging shoe.
g. Rubber and/or plastics includes any textile material visibly coated (or covered) externally with one or both of those materials.
h. Slip-on includes:
1. A boot which must be pulled on.
2. Footwear with elastic cores which must be stretched to get it on, but not bootwear having a separate piece of elasticized fabric which forms a full circle around the foot or ankle.
i. Sports footwear includes only:
(1) Footwear which is designed for a sporting activity and has, or has provision for, the attachment of spikes, sprigs, cleats, stops, clips, bars or the like;
(2) Skating boots (without skates attached), ski boots and cross-country ski footwear, wrestling boots, boxing boots and cycling shoes.
j. Tennis shoes, basketball shoes, gym shoes, training shoes and the like covers athletic footwear other than sports footwear, whether or not principally used for such athletic games or purposes.
k. Textile materials are made from cotton, other vegetable fibers, wool, hair, silk or man-made fibers. Note: Cork, wood cardboard and leather are not textile materials.
l. In turned construction, the upper is stitched to the leather sole wrong side out and the shoe is then turned right side out.
m. Vegetable fibers include cotton, flax and ramie, but do not include either rayon or plaiting materials such as rattan or wood strips.
n. Waterproof footwear includes footwear designed to protect against penetration by water or other liquids, whether or not such footwear is primarily designed for such purposes.
o. Welt footwear means footwear constructed with a welt, which extends around the edge of the outer sole, and in which the welt and shoe upper are sewed to a lip on the surface of the insole, and the outer sole is sewed or cemented to the welt.
p. A zori has an upper consisting only of straps or thongs of molded rubber or plastic. This upper is assembled to a foamed rubber or plastic sole by means of plugs.
For more information about importing Footwear, US Customs has an “Informed Compliance Publication” which may be accessed here.
To see a sample of an “Interim Footwear Invoice,” click here.
Questions/comments? Post below or email me at clark.deanna@gmail.com
Thursday, January 5, 2012
OWIT-NY Event – Preparing for the Customs Brokers Exam - Jan. 12th 6 PM
Kenvic Professional Training to provide overview of Customs Brokers Exam
Date: Thursday, January 12th, 2012
Time: Networking and refreshments at 6:00pm.
Program commences at 6:30pm.
Location: Law offices of Baker & McKenzie in the Grace Building, 1114 Avenue of the Americas (the entrance is on 42nd Street directly across from Bryant Park.) New York, NY
When merchandise is imported in to the United States certain information regarding the product together with the payment of customs duties is required. While an importer may do this paper work itself, it is the more typical case that it hires a Customs Brokers to file this information with the government.
As customs brokers are the intermediary between the importer and the government it has a dual set of obligations. One is to the importer, as the broker is working as its agent under a power of attorney, and the second is to the government through whom it is licensed.
Customs brokers receive their licenses after passing a lengthy exam and successfully passing a background check. This upcoming program will provide an overview of how to prepare for the Spring exam.
Examination topics cover the followings:
• Classification
• Types of entries, entry requirements and procedures
• Bonds
• Free Trade Agreement
• Customs Valuation
• Examination of merchandise, prohibited and restricted merchandise
• Temporary importation under bond, marking of imported merchandise
• Bond entries and procedures
• Fine, Penalty and Forfeitures, and protests
• Customs Brokers Compliance
• Drawback Power of attorney
• Antidumping and Countervailing
Cost: $20 for OWIT-NY members, students and government employees
$25 for non-members
For more information, go to www.owitny.org and click on the Events tab.
Hope to see you there!
Tuesday, January 3, 2012
CPSC Signals That Flammability and Lead Risks Related to Children’s Sleepwear a Priority Issue for 2012
In a letter to importers, manufacturers, retailers and distributors of children’s sleepwear and loungewear late last year, the Consumer Products Safety Commission (CPSC) sent a reminder of its enforcement policy as it relates to risks of burn injuries and chemical contamination.
Children’s sleepwear standards were developed to prevent children’s sleepwear from igniting due to exposure to ignition sources, such as candles, ranges, stoves, matches/lighters, space heaters and fireplaces. Most of the ignition incidents were found to occur while children were wearing sleepwear or sleep-related items during the evening before bedtime or in the morning around breakfast time.
In addition to burn prevention, contamination by way of lead exposure was also signaled as a priority issue as this letter included a summary of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requirements which include the usage of tracking labels, a certificate of compliance and testing requirements for phthalates, lead content and lead in surface coatings on snaps, zipper pulls and elsewhere on the product.
CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction.
Included in its jurisdiction is the oversight and enforcement of the Flammable Fabrics Act, which includes protecting the public from the hazards of flammable fabrics, interior furnishings and wearing apparel, including children’s sleepwear.
“Children’s sleepwear” includes any product of wearing apparel (in sizes 0–14), such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping. Exemptions to this definition include: (1) diapers and underwear; (2) “infant garments,” sized for a child nine months of age or younger; and (3) “tight-fitting garments” that meet specific maximum dimensions.
Children’s sleepwear includes “loungewear” as a type of children’s sleepwear which was introduced to the children’s market in the 1990s. CPSC considers children’s “loungewear,” or other similar garments marketed as comfort wear, as garments worn primarily for sleep-related activities. Therefore, “loungewear” must comply with the children’s sleepwear standards as well.
For more information on some of the related regulations, click here.
Questions/comments? Post below or email me at clark.deanna@gmail.com
Children’s sleepwear standards were developed to prevent children’s sleepwear from igniting due to exposure to ignition sources, such as candles, ranges, stoves, matches/lighters, space heaters and fireplaces. Most of the ignition incidents were found to occur while children were wearing sleepwear or sleep-related items during the evening before bedtime or in the morning around breakfast time.
In addition to burn prevention, contamination by way of lead exposure was also signaled as a priority issue as this letter included a summary of the Consumer Product Safety Improvement Act of 2008 (CPSIA) requirements which include the usage of tracking labels, a certificate of compliance and testing requirements for phthalates, lead content and lead in surface coatings on snaps, zipper pulls and elsewhere on the product.
CPSC is charged with protecting the public from unreasonable risks of injury or death associated with the use of the thousands of consumer products under the agency's jurisdiction.
Included in its jurisdiction is the oversight and enforcement of the Flammable Fabrics Act, which includes protecting the public from the hazards of flammable fabrics, interior furnishings and wearing apparel, including children’s sleepwear.
“Children’s sleepwear” includes any product of wearing apparel (in sizes 0–14), such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping. Exemptions to this definition include: (1) diapers and underwear; (2) “infant garments,” sized for a child nine months of age or younger; and (3) “tight-fitting garments” that meet specific maximum dimensions.
Children’s sleepwear includes “loungewear” as a type of children’s sleepwear which was introduced to the children’s market in the 1990s. CPSC considers children’s “loungewear,” or other similar garments marketed as comfort wear, as garments worn primarily for sleep-related activities. Therefore, “loungewear” must comply with the children’s sleepwear standards as well.
For more information on some of the related regulations, click here.
Questions/comments? Post below or email me at clark.deanna@gmail.com
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