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Importing/Exporting

 
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PostPosted: Thu Dec 11, 2008 2:10 pm    Post subject: Importing/Exporting Reply with quote

Hi everyone, my name is Chriss and I'm from Australia. My company is an importer of children's toiletries, and are looking at importing/distributing other children's products from USA (mainly). My question to you all is that if we, Australians, are looking into importing any of your children's products in the Australian market as a distributor/retail, how does this affect us, do you have to supply us with this Safety Certificate? I'm not quite sure how Australia goes about with their Safety regulations regarding children clothing but I'm sure there is some act involved.

My other question is if we sell our goods (from Australia) to anyone in US, either for distribution or just sell to a customer, will you be "allowed" to do this, meaning import from other country? What Safety Certificate would we have to provide?
Thanking you in advance!
Chriss
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Miracle
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Joined: 13 Jan 2006
Posts: 946
Location: CA

PostPosted: Thu Dec 11, 2008 2:23 pm    Post subject: Reply with quote

If by toiletries you mean things like shampoos and lotions, most of those fall under the regulation of the FDA. They do have thier own regulations and you would need to check there. The CPSC and CPSIA only regulate items for which there is an existing regulation/safety standard so you should check to see which items fall under CPSC regulations.
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Guest






PostPosted: Thu Dec 11, 2008 2:50 pm    Post subject: Reply with quote

Thank you for your comment. We have all the safety regulations for our products and are FDA approved. Our company is looking at expanding our range for children and looking into importing (from USA) children's clothing. So my question is how will this affect us, do the manufacturer's in US have to provide all these safety certificates to us? In oversall there are many Australian companies that import or buy children's clothing to sell in Australia.
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J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Thu Dec 11, 2008 4:40 pm    Post subject: Reply with quote

You, as a retailer, need to comply with your local requirements. And, as an extension of that, so must your suppliers.

The fact that there may not be US companies left to supply you is a possible outcome of the current legislation.
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richelle*leanne
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PostPosted: Thu Dec 11, 2008 5:44 pm    Post subject: Reply with quote

Here is what it says:

Subtitle C—Specific Import-Export Provisions
SEC. 221. EXPORT OF RECALLED AND NON-CONFORMING PRODUCTS.
(a) IN GENERAL.—Section 18 (15 U.S.C. 2067) is amended—
(1) in subsection (b), by striking ‘‘any product—’’ and all that follows through ‘‘promulgated under section 9,’’ and inserting ‘‘any product which is not in conformity with an H. R. 4040—51 applicable consumer product safety rule in effect under this Act,’’; and
(2) by adding at the end the following:
‘‘(c) The Commission may prohibit a person from exporting from the United States for purpose of sale any consumer product that is not in conformity with an applicable consumer product safety rule under this Act, unless the importing country has notified the Commission that such country accepts the importation of such consumer product, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as appropriate within its authority with respect to the disposition of the product under the circumstances.

So it would seem that we may not export anything that doesn't conform to these standards unless your country gives specific permission for that shipment to be imported.
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J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Thu Dec 11, 2008 6:16 pm    Post subject: Reply with quote

Quote:
unless the importing country has notified the Commission that such country accepts the importation of such consumer product, provided that if the importing country has not so notified the Commission within 30 days after the Commission has provided notice to the importing country of the impending shipment, the Commission may take such action as appropriate within its authority with respect to the disposition of the product under the circumstances.

IOW:

US-based Manufacturers must comply, period.
CPSC trumps even Customs and Homeland Security, and
The CPSC assumes that other governments should comply with their asinine policies.

LOL. ~peeing self~
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Guest






PostPosted: Thu Dec 11, 2008 7:39 pm    Post subject: Reply with quote

WOW! Now this is seriously going to affect quite a few businesses in Australia.
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Sandra B
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PostPosted: Sat Dec 13, 2008 2:51 am    Post subject: Reply with quote

I'm also in Australia and teach fashion industry skills to hobbyists and micro-manufacturers. I've just seen the etsy rules:
Quote:
marymary
Etsy Admin
marymary says:
Hi there,

You can find out information about this in our TOU outlined right here under the number 5 heading:

http://www.etsy.com/terms_of_use.php

When each seller signs up to sell on Etsy, they agree to these terms and are each responsible for their own items.

From the TOU:

"Restricted Activities: Your Content and your use of Etsy shall not:

5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall."

Thanks for asking,

Mary
Posted at 3:21 pm, December 1 2008 EST


Basically that means that anyone in Australia (or anywhere, really) who sells on Etsy is affected. I can't even see that a disclaimer stating that goods will not be sold to the US makes it OK, because the goods are still in violation of the rules. I guess that means that our local sites will become more popular, but we've only got a relatively small population, eliminating a large number of potential customers is a real blow. Even culturally this is a huge blow. The whole CPSIA is functioning as a defacto isolationist policy, effectively closing the borders to all but the biggest traders. What a sad thought.

I've tried to find relevant Australian discussion. So far I found a PDF from a testing company who state that costumes are affected, as toys, but clothing is only covered by flammability laws. It looked all official and legal-ish, and yet is wrong.

Would it be relevant to contact your legislaters, as a foreigner? I suppose Rupert Murdoch does, he's an Aussie who seems to have plenty of clout in Washington.
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J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Sat Dec 13, 2008 12:29 pm    Post subject: Reply with quote

Quote:
I can't even see that a disclaimer stating that goods will not be sold to the US makes it OK,

But, it does make a statement. Imagine:
- an uber-cool item (whatever it is)
- the Etsy user tries to checkout with it
- business rules stop them (i.e. US zip code on banned list)
- raise message: "Due to CPSIA Regulations, this item cannot be shipped to the United States."
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Sandra B
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PostPosted: Mon Dec 15, 2008 8:01 am    Post subject: Reply with quote

Having the goods in the shop violates Etsy's TOU even if they won't be sold in the US. I know Etsy must enforce the rules to ensure their survival also, but they must be crying themselves to sleep looking at their business possibly shrinking rapidly.

I feel helpless, but I don't have the right to interfere. Please just know I'm on the sidelines, with bated breath, cheering you guys on and hoping it can all be sorted out. If your economy takes a king-hit, ours shudders.
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J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Mon Dec 15, 2008 9:42 am    Post subject: Reply with quote

Quote:
Having the goods in the shop violates Etsy's TOU even if they won't be sold in the US

Ahh... don't tell me that Etsy is another egotistical US-based company who doesn't believe that there is commerce (or, intelligence) beyond our borders? It appears Etsy will soon add itself to the RIP list.

______ edit

On second thought, it does raise another situation. In order for an international online retailer to compete in the US Market, business rules need to be added to the system. The cost of developing and implementing the rules are - presumably - too expensive to develop in time. So, it could be that Etsy has developed a global system rule based on the majority of the consumer base, opting to loose its international suppliers and consumers.

That's a pretty powerful statement if it is the case. And, as a supplier, I think there's something that can be said in that vein. Maybe not with the US Legislators; but, with the online retail community.

Sometimes finding your voice takes time. I wonder if you've considered this angle? This would be an opportunity to strengthen any relationships you might have on the retail front and to develop a strategic alliance. This goes back to some comments Miracle had made - granted, they're not specific to the CPSIA - but, maybe a crisis is needed in order to determine who your friends are.

{A little horse-sense doesn't hurt.}
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