EVENT CANCELED - TO BE RESCHEDULED Celebrate NY Fashion Week With This Free Event on Thurs. Sept. 11th 6 PM at 188 Madison Ave. (at 34th St - SIBL Library)

Hope you can come out and join myself and Kenyatta Adams of the USPS 

for a presentation on export success for e-commerce fashion sellers!

No registration is required.  Seating is first come first served.  Doors open at 5:45 pm.  See you there!

Country of Origin? How About City of Origin?

The Brooklyn Chamber of Commerce has created a "Brooklyn Made" designation available to businesses located in Kings County, NY. 

With the boost in popularity of the "Brooklyn" brand, this marking is in its most simplest form a protectionist measure against non-Brooklyn based companies seeking to capitalize on the borough’s growing popularity.

As discussed in this week's AM New York (photo above), factors for attaining one of the three levels of the "Made in Brooklyn" insignia offered by the Chamber are, not surprisingly, akin to some of those same considerations US Customs looks at when it analyzes country of origin marking and value claims on imported products.  Factors include the amount of raw materials obtained within the territory (i.e. originating materials), level of manufacturing (think: substantial formation) and, the local labor used (i.e., overhead and labor, in value considerations).

More on the Brooklyn Chamber of Commerce can be found here.

As an aside, manufacturing in Brooklyn has been on an upward swing with the neighborhood Sunset Park rapidly emerging as a manufacturing, artist and fashion destination as the waterfront warehouses are being converted into mixed-use spaces that are supporting more than just manufacturing. 

We will be watching closely as the development of this cool Brooklyn neighborhood continues!

Questions/comments?  Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

Washington DC Gets Ready to Discuss AGOA, Textiles From Africa, and More

On Friday August 1, 2014, the Civil Society of the AGOA Forum will be hosting its own two-day meeting under the theme “AGOA:Re-Authorization beyond 2015.”    Time is running out to register but you still can here.

The purpose of this meeting is to come up with written recommendations for presentation to the Ministerial Session of the African Growth and Opportunity Act (AGOA) during the Africa Summit beginning August 5, 2014.

As described by the AGOA Civil Society Network, the AGOA “is a trade mechanism that was passed by the US Government in 2000 to encourage US-Africa trade.   AGOA currently provides the 40 AGOA-eligible countries with:

-   - Most liberal access to US markets for any country or region without at free trade agreement

-   - Reinforced Africa reform and development efforts, and

-   - Access to US credit and technical expertise.”

Other posts related to AGOA and textiles can be found here.

The Foundation for Democracy in Africa is likewise hosting an event on August 5, 2014 entitled “AGOA CSO Session: 13th US-Africa Trade and Economic Cooperation AGOA Forum.  This event will have a focus on human rights and democratic reform, among other topics.  Tickets are free but registration is required.

Questions or comments? Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

CPSC Proposes Amending GCC Rules

Importers:  Did you know that the Consumer Product Safety Commission (CPSC) has proposed to amend the existing rule on the General Certificate of Conformity (GCC)?

Amendments including the requirement for the electronic filing of GCCs for regulated imported consumer products with U.S. Customs and Border Protection (CBP) at the time of filing the CBP entry, or the time of filing the entry and entry summary, are just some of the proposed amendments. 

Not keen on this idea?  You are in luck! 

 The CPSC recently voted to hold a workshop and seek additional public comments on aspects of its proposed rule on Certificates of Compliance, which the Commission first published on May 13, 2013.

Interested parties are invited to participate in, or attend the workshop, and to submit written comments.

The workshop will be held from 9 a.m. to 4 p.m. on Thursday, September 18, 2014 in the CPSC Hearing Room, 4th Floor of the Bethesda Towers Building, 4330 East West Highway, Bethesda, MD 20814.

Registration is now open using the following link, where you can also read the  formal notice by CPSC:

http://www.cpsc.gov/en/Newsroom/Public-Calendar/Register-for-CPSC-Public-Meetings-Workshops-and-Forums/Registration-for-Public-Workshop-on-Electronic-Filing-of-Certificates/

Questions or comments? Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

Is Your Scarf Flammable? Women’s Scarves Recalled Due to Flammability Hazard

DO YOU HAVE ONE OF THESE SCARVES? 

If so, be advised that there’s been at least 1 report of these scarves catching fire and they have now been recalled by the Consumer Product Safety Commission as they failed to meet the federal flammability standard for wearing apparel and pose a risk of burn injury to consumers.

Both the Julie Vos “Sierra” and “Anchor” style scarves have been recalled.

The scarves, which are under the brand, Julie Vos, are 100 percent modal fabric, which is a type of rayon, and were sold in two prints, Anchor and Sierra. Anchor (on the left) was sold in three colors, including blue, green and orange. 

Sierra (on the right) was sold in four colors, including raspberry/magenta, orange/peach, cream/gray and blue/purple. The scarves measure 75 inches long by 45 inches wide and "Julie Vos" is printed on a tag sewn into the back of the scarf.

Manufactured in India, these imported scarves have been sold at specialty boutiques across the country and online at www.julievos.com from January 2014 through February 2014 for about $165.  

Consumers should immediately stop using the recalled scarves and contact Julie Vos to arrange to return the scarves for a full refund. Julie Vos will provide a pre-paid postage label for shipping.

More information on the product recall may be found here:  http://www.cpsc.gov/en/Recalls/2014/Womens-Scarves-Recalled-by-Julie-Vos/#remedy

Questions or comments? Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

US Postal Service is Grabbing Market Share Away From Express Couriers

This week I joined the Postal Customer Council for a presentation on the “International Misconceptions of the USPS,” which was presented by my friend, Kenyatta Adams.

While I was aware of changes USPS had been making in terms of increasing international shipments, I was unaware that it has 48% of the U.S. export market and grew 17% between 2011 and 2013.

What’s behind this?  E-Commerce of course, and the increase in wearing apparel sales which typically make for the ideal small and lightweight package.

At the pace the US Postal Service is moving, for small packages going outbound (exports) and inbound (imports) – I’ll explain that in a moment – there will be a lot of “moving and shaking” to keep an eye out for.

Imports have become streamlined thanks to their “Global Direct Entry (GDE) – Inbound” service.  Working with private international logistics providers, they can transport parcels from various foreign countries providing all logistics and brokerage activities.  The package is then handed off to USPS.

The caveat of course, is that shipments involving a certification or other form, such as a Fish and Wildlife declaration form (think, fur products, or a watch with a mother-of-pearl dial) cannot be sent through this type of service, and not all countries are yet a part of this GDE service.  But hey, it’s new and over time, more and more countries will be a part of it.  Currently, there are about 30 participating countries.

The top 3 highlights I learned about are:

1) USPS has International Tracking (yes, they do!), having rolled out “E-DELCON” last year

2) All returns are free for undeliverable packages in international shipping

3) Their service “METROPOST” is a same-day-delivery service in Manhattan and Brooklyn, USPS just has to receive it by 1 pm - this is great news for those of us in NYC!

With their competitive pricing in the 1 ounce to 70 pound packaging niche, not to mention their convenient flat rate envelopes and boxes, which I use, it is definitely not the USPS that it once was.

Questions or comments?

Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

I’m a Small Business. Does This Law Apply to Me Too?

My startups and smaller clients love to ask me this question. 

The answer to “Does size matter?” is for the most part pretty consistent, which is, “It depends!”

 It depends because even though there may be definitions of what a small business is, when the government puts out a new regulation, or an amendment to one, it may reason that because such new changes will have a limited impact on small businesses, that providing an exception for small businesses to compliance with the new rules is unnecessary.

Let’s take the recent amendments to the regulations for the Textile Fiber Products Identification Act (“the Rules”) as an example.

Under the Small Business Size Standards issued by the Small Business Administration, textile apparel manufacturers qualify as small businesses if they have 500 or fewer employees. 

Clothing wholesalers qualify as small businesses if they have 100 or fewer employees.

 The Federal Trade Commission’s (FTC) staff estimated that approximately 22,218 textile fiber product manufacturers and importers are covered by the disclosure requirements of these amended Rules.

While the FTC figured that a substantial number of these entities likely qualify as small businesses, it concluded that the amendments would not have a significant impact on small businesses because they do not impose any significant new obligations on them.

The FTC therefore, did not propose any specific small entity exception or other significant alternatives as it did not find it necessary to minimize the compliance burden, if any, on small entities while achieving the intended purposes of the amendments.

What do you think? Should smaller businesses be subject to less rigorous compliance requirements?

Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

U.S. Customs Announces Two New Forms – Can You Spot the Differences From the Old Ones?

Like most Americans, I love new things, so naturally I was pleased to see that Customs announced something new for us today (yay!).

Effective July 1, 2014, the new versions of both the Customs Bond form (Form 301) and the Importer ID Input Record form (Form 5106) will be mandatory and any other version will not be accepted.

Links to these can be found here:

CUSTOMS BOND FORM (CF 301)

IMPORTER ID INPUT RECORD (CF 5106)

Any questions regarding either of these can be directed to Tom Scott, Office of Administration, at (317) 614-4502.

Any other questions or comments can be posted below or emailed to me at clark.deanna@gmail.com.

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

OWIT-NY Event Tomorrow at 6 PM on E-Commerce in Japan and China

To register and for more details, click here.

Hope to see you there!

Free Importing Event This Thursday at 2 PM in NYC (34th St. and Madison Ave.)

You're invited to join my partner William Shayne, Esq. and I for a presentation on how to grow a successful import business at this World Trade Week NYC event this Thursday at the Science, Industry and Business Library.  Sponsored by the NY Chapter of the Organization of Women in International Trade together with #WTWNYC.  For more on this event, click here.

AND...For anyone that may be curious about that map behind us, it's a map from (we're guessing) the 1960s of the "U.S. Customs Service."

Questions/comments?  Post below or email me at clark.deanna@gmail.com.

Keep up with me:

www.facebook.com/fashioncompliance
www.fashioncompliance.com

Or follow me on Twitter @fashcompliance

Goods of Crimea are of Ukrainian Origin US Customs Reminds Us

The U.S. position on Crimea is clear and this sentiment was echoed throughout the customs community in a country of origin marking message it published on April 23rd that stated that goods originating in Crimea are products of the Ukraine.

This means that for country of origin labeling on any product, including that which is on clothing labels, if it is made in Crimea it is of Ukrainian origin - ONLY.

After reminding us of the law requiring that the English name of the country of origin must be marked, U.S. Customs specifically stated that the:

“Growth, production, or manufacture of a good in Crimea is growth, production, or manufacture of a good in Ukraine.  Goods which are the growth, product, or manufacture of Crimea and other areas of Ukraine should be marked as ‘Product of Ukraine’ or ‘Made in Ukraine’.  If the container of the imported good is marked, it may be marked, ‘Contents made in Ukraine’ or words similar in meaning.”

“So what happens if it’s accidentally marked as “Russia” or some other country?” you may be asking yourself?  Pain (in the wallet).  Or at least, a headache for the importer, as goods not correctly marked will also be subject to additional duties of 10% of the final appraised value unless exported or destroyed under Customs supervision prior to liquidation.

So, referendum of not.  Goods of Crimea are of Ukrainian origin.  Period.

Questions/comments?  Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

US Customs New Freedom of Information Act Portal – What Do You Want to Know?

I want answers.  US Customs apparently wants to give them to me too, as it sent me a lovely email to register as a user of its new Freedom of Information Act (FOIA) portal called “FOIA Online.”

In terms of registration I’d give it a thumbs up for “User Experience” as it was very simple to do and it’s quite nice looking as well.  While I haven’t experienced the benefits first hand, U.S. Customs touts them as, and I quote:

* You will immediately receive a unique FOIA tracking number and acknowledgment that your FOIA request was received by CBP.

* You will be able to track your FOIA request any day/any time through your FOIAonline account.

* You will receive an email to retrieve responsive records or document via your FOIAonline account, when records or documents become available.

* You can view all of your historical FOIA requests via the “dashboard” in your FOIAonline account.

WOW!

Sound good to you?

Want to give it a try? 

Head over to FOIAonline and check it out for yourself.

Questions/comments?  Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

ciao ciao!

Macy's 2014 Flower Show in New York City

Speaking of a retailer that sells a lot of foreign made wearing apparel...

Beautiful floral displays are towering over shoppers at this year's Macy's Flower Show in New York City.  Che Belli! (That means "how beautiful!" in Italian)

Now through April 6, 2014 at Macy's Herald Square location.

Go check it out!

How Many Times Do I Have to Pay Duties?

The first time you import merchandise into the U.S., you would expect to pay customs duties, and under the Harmonized Tariff Schedule of the U.S. (HTSUS), unless the goods are exempted from such payment, that money will have to be paid.

But what about if the merchandise had

a. Already been imported,

b. Duties Paid,

c. Subsequently Exported, and

d. Now being reimported again?

 Is paying again required?

Well, depending on the circumstances, there can be ways of either recouping some of the initial duty payment, or qualifying for an exception to avoid paying the duty such as the exemption where articles exported from the U.S. are

1. Returned within 45 days of such exportation,

2. Were “undeliverable”, and

3. Which had not left the custody of the carrier or foreign customs service.

As a general rule however, 19 CFR 141.2 of the Customs regulations provides that dutiable merchandise imported and afterwards exported, even though the duty had been paid on the first importation, is liable for duty payment on every subsequent importation into the Customs territory of the US (unless exempt by law).

This rule does not however, apply to imports of:

(a) Personal and household effects taken abroad by a resident of the United States and brought back on his return to this country (see §148.31);

(b) Professional books, implements, instruments, and tools of trade, occupation, or employment taken abroad by an individual and brought back on his return to this country (see §148.53);

(c) Automobiles and other vehicles taken abroad for noncommercial use (see §148.32);

(d) Metal boxes, casks, barrels, carboys, bags, quicksilver flasks or bottles, metal drums, or other substantial outer containers exported from the United States empty and returned as usual containers or coverings of merchandise, or exported filled with products of the United States and returned empty or as the usual containers or coverings of merchandise (see §10.7(b), (c), (d), and (e));

(e) Articles exported from the United States for repairs or alterations, which may be returned upon the payment of duty on the value of repairs or alterations at the rate or rates which would otherwise apply to the articles in their repaired or altered conditions (see §10.8);

(f) Articles exported for exhibition under certain conditions (see §§10.66 and 10.67);

(g) Domestic animals taken abroad for temporary pasturage purposes and returned within 8 months (see §10.74);

(h) Articles exported under lease to a foreign manufacturer (see §10.108); or

(i) Any other reimported articles for which free entry is specifically provided.

Questions or comments?  Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

The Commission on the Status of Women at the U.N.

This week marks the fifty-eighth (58th) session of the Commission on the Status of Women (CSW) which is taking place at the United Nations Headquarters in New York City from March 10 – 21, 2014.

Obviously in the context of fashion and international trade, the role of women is paramount to the industry and the manufacture of wearing apparel.

I had the privilege of attending together with the Hon. Weatherspoon (next to me in photo) a briefing at the U.S. Mission to the United Nations by U.S. delegates to the CSW conference, which included Ambassadors Cousens, Russel and King (center of photo), and Sharon Kotok.

 "Countries where women can reach their full potential are more stable "

On the U.S. agenda, priorities include the adoption of the agreed conclusions from 2013 without any erosion to them (Draft Version).  Other priorities are in 3 specific areas:

1) Gender Based Violence: Includes intimate partner violence and a “national action plan” for women and security – don’t be fooled by the language however, according to a source of mine, while this is called a “national” plan, it does not actually include any plan for U.S. women. (I would love to be corrected on this if it is, in fact, untrue)

2) Women’s Economic Empowerment: Shifting the focus to women as drivers of economic empowerment and agents of change.  Also, to knock down barriers women face, including

• -         A lack of meaningful decision making at every level
• -         Women’s leadership in government
• -         A lack of access to credit
• -         A lack of access to education
• -         Inheritance laws (I witnessed this bias first hand in my own family)
• -         Marriage laws (Luckily, no pressure there!)

3) Adolescent Girls: This looks directly at child marriage and keeping girls in school, since by staying in they are more likely to have economic empowerment and more likely to support their community (as compared to men – not my words)

For more information about the CSW click here.

Questions/comments?  Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

Does a Country With People Who Have Smaller Hands Have a Competitive Advantage in Apparel Manufacturing?

This was one of many thought provoking questions that came up during my recent discussion with Mr. Theo Samuels-Hunt, a Senior International Trade Specialist at the U.S. Department of Commerce based in Philadelphia.

According to a source of his that did substantive training of the Chinese many decades ago in sewing and textile manufacturing,

“You can train anyone to sew but if you do not have an innate physical ability, e.g., smaller hands to do more delicate work, that work cannot be done.”

And apparently, the Chinese and Italians have smaller hands according to source, which enable them to do more detailed work, as would someone from Ethiopia or Somalia.

Interesting…

Other less anecdotal but equally interesting comments shared revolved around the many benefits for exporters who use his office.

Generally speaking, he works with companies to help them learn how to export and to find foreign buyers in overseas markets.  This typically means working with the overseas commercial officers in U.S. embassies who know the “movers and shakers” in the local foreign market and can therefore identify those companies that could be a “match” for the U.S. supplier looking to sell there.

U.S. manufacturers are eligible for his assistance when they have at least 50% of the value of their content as originating from the United States. 

50% does not mean that 50% of the raw materials of the product must originate from the U.S. but rather, this 50%+ figure takes into account the value of other variables that contribute to a product such as it’s

- Research and design

- Intellectual Property

- Marketing

Theo is in the “Textile, Apparel and Sports” team in his office which means he works particularly close with companies in these areas and in particular, those dealing in industrial textiles, which would include yarns and fabrics for articles like military garments, architectural fabrics such as for shades and blinds, shoe (leather) companies, automotive and space fabric made goods and even a well-known wedding gown manufacturer.

Interested in learning more about how to export?  Theo can be reached at theo.hunte@trade.gov

Questions/comments?  Post below or email me at clark.deanna@gmail.com

Keep up with me at www.fashioncompliance.com or:

On Facebook at www.facebook.com/FashionCompliance

On Twitter @fashcompliance

Careers in International Trade Event March 20th 2:00 - 3:30 PM at SIBL

For anyone interested in the critical intersection between international trade and fashion law, this free event in NYC not to be missed!

Questions/comments?  Post below or email me at Clark.Deanna@gmail.com

Keep up with my at www.fashioncompliance.com

On Twitter @fashcompliance, and on Facebook at www.facebook.com/FashionCompliance

Substance + Style: Reflections on New York Fashion Week and the Impact on International Trade

As I reflect on the close of New York Fashion Week, one word comes to mind in particular: SUBSTANCE.

Not only did LAUNCH NYC have a week of "Made in New York" fashion, but Mercedes-Benz Fashion Week likewise had B Michael America which shared the parallel manufacture-in-America focus as LAUNCH NYC.

LAUNCH NYC further showcased emerging brands focused on Zero Waste, such as that of Tabii Just and Simply Natural Clothing.

With so much textile waste generated in clothing manufacturing, it's refreshing to see the industry, albeit on an uber-small scale, is finally paying attention to something so obvious (yet ignored by) those familiar with apparel manufacturing.

So what does all this mean for international trade?

Will we see a decrease in imports? Doubtful. At least not anytime soon as Americans remain consummately unconscious about their addiction to consumption.


Exports however, of American apparel should steadily increase as the popularity of "Brand America" in foreign markets strengthens and more Made in USA products can be supplied.

What are your thoughts?

Questions/comments?  Post below or email me at Clark.Deanna@gmail.com

Keep up with my at www.fashioncompliance.com, on Twitter @fashcompliance, and on Facebook at www.facebook.com/FashionCompliance

Changes to the Rules Under the Wool Products Labeling Act of 1939?

You now have a few more days to send in your comments! New Deadline – 12/3/13   

 The Federal Trade Commission (FTC) published a Notice of Proposed Rulemaking on September 20, 2013 seeking comments on its proposed amendments to the rules and regulations under the Wool Products Labeling Act of 1939.  Comments were originally due on November 25, 2013.

Interestingly, an extended deadline of December 3, 2013 to submit comments has occurred due to a request from the Embassy of Australia to the FTC.

On November 20, 2013, the Embassy of Australia contacted the Commission on behalf of the Federation of Australian Wool Organisations (“FAWO”) to seek an eight (8) day extension since it was participating in a meeting of the International Wool Textile Organisation (“IWTO”) in Guangzhou, China, on November 25-26, 2013, to discuss the FTC's proposed amendments.

FAWO contended that the FTC’s record would benefit from comments collected at the meeting given the role of the IWTO in representing wool industry stakeholders at an international level.

The FTC likewise believes that the FAWO’s input would likely assist the Commission in evaluating the proposed amendments to the Wool Rules.

Since the requested short extension of the comment period would not substantially delay the rulemaking process and the FTC believed that extending the comment period to facilitate a more complete record outweighed any harm that might result from an eight (8) day delay, it agreed to the extend the comment period until December 3, 2013.

For more information, you can contact Robert M. Frisby, Attorney, (202) 326-2098, Division of Enforcement, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580.

Questions/comments?  Post below or email me at clark.deanna@gmail.com  

Keep up with me!

On Facebook: www.facebook.com/fashioncompliance (*Like* the page to get updates)

On YouTube:  www.youtube.com/FashionCompliance

On Twitter:  @fashcompliance