FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister   ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

What is Your Projection For the Law Going into effect?
Goto page 1, 2  Next
 
Post new topic   Reply to topic    Fashion-Incubator User Forum Forum Index -> CPSIA & Consumer Safety
View previous topic :: View next topic  
Author Message
Pamela
Guest





PostPosted: Thu Dec 18, 2008 11:19 am    Post subject: What is Your Projection For the Law Going into effect? Reply with quote

We in this forum are now pretty much fully aware of all the points of the new legislation but there are so many out there that either don't know or are ignoring it for whatever reason.

In the children's clothing industry how long do you think it will take for this law to really go into effect? I cringe at the idea that I stop all production, close down the business, take my lumps, move on to new ideas, etc. after 3 years of hard work only to see my competitors continuing as they have been in the same manner with no slowing down. Not only that but if I am not there they will then get customers from yet one more "gone" business.

Will US Customs really be stringent on looking for and insisting on the GCC. I will find out soon enough because I will have a shipment arriving at the beginning of January (and no, it's not from China). Yes, I will have the Certificate because I'm going to have my collection tested with XRF testing to conform. But what about all the other children's clothing pouring into the country?

I really don't think the government is going to be able to force this law in with a bang all at once. The question is how long will it take and will this law ever really be forced in fully?

What are your thoughts on this. I have no experience with laws being introduced and enforced in various industries so many someone here knows how this works and how seriously it will be implemented. I know it will be pushed in with toys, especially from china, but what about clothes?

Also, as an aside, regarding kids clothes. When the Commercial Invoice is filled out with the Harmonized Tarrif Code, which is the only thing US Customs goes by, there are no specific codes for "children under 12" or even "children". It is girls, boys, baby, or women. So how is customs going to know for all the "girls" categories if they are clothes for 12 year old or 13 year olds?

Pam


Pam
Back to top
Vesta
Guest





PostPosted: Thu Dec 18, 2008 12:28 pm    Post subject: Reply with quote

There has been some offline discussion of this, which has been interesting. Honestly, I think enforcement will focus on the big players for some time (Mattel, e.g.). Like many regulations, I think that most people will never be bothered about it, until/unless something bad happens, like a recall. In that case, if attention does get focused on you, and you aren't in compliance, then the hammer comes down. So you can certainly gamble, and many, many will (intentionally or ignorantly), but you must calculate the risk and be comfortable with it.

I also think that, come Feb 10, the CPSC will realize how impossible the law is (as currently interpreted) and will act or ask congress to act to make it more reasonable.

I don't think closing shop is the best move for most of us. I think we should comply with the (noble) spirit of the law as best as we can (whatever that means in your context - like getting test results from suppliers, e.g.). Then if you're targeted by the CPSC, you can demonstrate due diligence, even if it didn't happen exactly like they initially (ill)conceived. [!! I am not a lawyer. Take this statement with a grain of salt. I am generally labeled a contrarian by those who know me. Although I don't necessarily agree with said label. Of course. !!]

Finally, because the lead content regs go into effect on Feb 10, you won't actually need a GCC before then. So your January shipment is safe from Customs. But then your inventory may expire ON Feb 10. (Ga)

Finally, finally, what will most likely happen is that Customs will flag certain categories of harmonized codes to require the new documentation. Anyone who imports regularly is used to getting chased down by Customs looking for additional info. That's really the only way for them to deal with this. It may be that if you import "girls, boys, or baby" clothes, you should make a GCC that says either that you comply, or that you are not required to comply. That way, the document is there, and Customs can check it off their list and release the shipment.
Back to top
J C Sprowls



Joined: 25 Mar 2006
Posts: 2004

PostPosted: Thu Dec 18, 2008 12:51 pm    Post subject: Reply with quote

I'm pretty much with Vesta's predictions on enforcement.

To iron out the nit, though, the law is going into effect. How it will be administered and enforced is now what we're dealing with.

As I said, I see it shaking out pretty much how Vesta sees it, too.
Back to top
View user's profile Send private message
Kathleen F.
Site Admin
Site Admin


Joined: 08 Sep 2005
Posts: 11421
Location: NM Albuquerque

PostPosted: Thu Dec 18, 2008 2:57 pm    Post subject: Reply with quote

Vesta wrote:
Finally, because the lead content regs go into effect on Feb 10, you won't actually need a GCC before then.

See, this is confusing. I was sure Jennifer Taggert said GCCs are required now (as of Nov 16th or so).
Back to top
View user's profile Send private message Send e-mail
Vesta
Guest





PostPosted: Thu Dec 18, 2008 3:29 pm    Post subject: Reply with quote

They are, if your product *already* falls under a CPSC standard, rule, law, or regulation. But for many of us, there aren't. The lead content standard, which starts Feb 10, is brand new.
Back to top
Kathleen F.
Site Admin
Site Admin


Joined: 08 Sep 2005
Posts: 11421
Location: NM Albuquerque

PostPosted: Thu Dec 18, 2008 5:20 pm    Post subject: Reply with quote

thank you
Back to top
View user's profile Send private message Send e-mail
Esther
Moderator
Moderator


Joined: 17 Mar 2006
Posts: 1917
Location: ID Spudville

PostPosted: Thu Dec 18, 2008 7:57 pm    Post subject: Reply with quote

Don't forget the Fabrics Flammability Act and small parts. I think that would be classified as a rule, law, or standard that would require a GCC.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
Vesta
Guest





PostPosted: Thu Dec 18, 2008 8:12 pm    Post subject: Reply with quote

Sorry, right Esther. I don't make apparel, so forget about those.
Back to top
Anne
Guest





PostPosted: Sat Dec 20, 2008 2:48 pm    Post subject: Reply with quote

Clothing is exempt from small parts regulations:

Quote:
Are any toys and products exempt from the small parts regulations?

(1) Yes. Balloons, books and other articles made of paper, phonograph records, writing materials such as crayons, chalk, pencils and pens, modeling clay and similar products, and finger paints, watercolors and other paint sets are exempt because they cannot be manufactured in a way that would prevent them from breaking into small parts when subjected to use and abuse testing. Children’s clothing and accessories such as shoe lace holders and buttons, and grooming, feeding and hygiene products such as diaper pins and clips, barrettes, toothbrushes, drinking glasses, dishes and eating utensils are also exempt because they need to be small to perform their intended purpose. See 16 C.F.R. Part 1501.3&4(b)
Back to top
Esther
Moderator
Moderator


Joined: 17 Mar 2006
Posts: 1917
Location: ID Spudville

PostPosted: Sat Dec 20, 2008 8:50 pm    Post subject: Reply with quote

Children's clothing is only exempt to the extent that the small part is a functional component (as I read the rule). Any trimmery that does not perform a necessary function would be considered a small part. As an example, there was a recent recall for socks in which ribbon flowers were stitched on poorly and were therefore a choking hazard.

We have to be careful here too. Just because something is exempt because it performs a necessary function doesn't mean that it will never be subject to a recall. Children's clothing has been recalled for snaps that pulled out of the fabric easily, for example. Failures can occur and recalls can happen. Quality auditing and control can prevent a lot of these kinds of problems, but don't assume you are safe because there is an exemption. The private label programs of Big Box stores usually require a pull (or burst/strength) test of trims, including buttons and snaps. Simple tests can be done during in-line and end line quality control.
Back to top
View user's profile Send private message Send e-mail Visit poster's website
Wacky Hermit
Guest





PostPosted: Mon Dec 22, 2008 1:49 pm    Post subject: I'm gonna roll the dice Reply with quote

Well, I'm going to get one item tested, and roll the dice. I'm hoping that having a lead test done on one item will have a Jedi-like "these are not the booties you're looking for" effect on the CPSC. And yes, I'm perfectly aware that I may be dreaming. It's just that I don't have a lot of choices. I don't have this business for my health, I have it because I need the money and I can't hold down a "real job". I have too many unpredictable family commitments and health problems.
Back to top
Jody
Guest





PostPosted: Fri Jan 02, 2009 7:52 am    Post subject: Reply with quote

Quote:
In the children's clothing industry how long do you think it will take for this law to really go into effect? I cringe at the idea that I stop all production, close down the business, take my lumps, move on to new ideas, etc. after 3 years of hard work only to see my competitors continuing as they have been in the same manner with no slowing down. Not only that but if I am not there they will then get customers from yet one more "gone" business.


I totally get what you are saying Pamela....I feel like I've done my part, improved my processes to become as professional as possible only to have to lose it all to competitors who don't worry about compliance. Then again, maybe it's safer for me to let them be the canaries in the coal mine.

I've been preparing for more than a year for the January 2009 launch of my children's apparel line, retooling an existing, marginal business in the hopes that I could make it successful by learning more about the industry, processes, etc. Yet, I know my business model cannot survive the testing requirement...I'm not big enough to factor in the costs and still make a profit. So, I officially closed my business for 2009. I'm down, but not out....

You can bet that I will watch the implementation of this law and how it is enforced in the coming year, particularly with respect to those businesses most like mine - very small manufacturers that sell their designs directly to the consumer on eBay, Etsy, and online boutiques. We are both manufacturer and retailer. So, it will be interesting to see how this shakes out for us.

I agree with Vesta's take on how this will play out. And, given my size, I could choose to just ignore the law. But, I'm not comfortable with that. I do want to make sure that my products are safe and compliant. I just don't want to have to test things that don't pose real risk. I think the law will go in that direction....the CPSC is beginning to propose exemptions for some things. But, the proposed exemptions still don't go far enough to make it able for me to comply. So, I will watch and wait.....

Hopefully, I will be able to re-establish and launch my business in 2010. In the meantime, I'm still sending my letters and watching the issue unfold and sending in my letters and comments when opportunities arise. As a matter of fact, I have letters re: the Jan 5 proposed rulemakings going out to the Secretary of the CPSC and all my congressional reps priority mail today.

I still believe small businesses like ours are worth fighting for.
Back to top
Kathleen F.
Site Admin
Site Admin


Joined: 08 Sep 2005
Posts: 11421
Location: NM Albuquerque

PostPosted: Fri Jan 02, 2009 8:50 am    Post subject: Reply with quote

Anne wrote:
Clothing is exempt from small parts regulations:

You have to be very careful with how this is interpreted, exceptions abound. Last week, a lot of mittens and hats (only 100 units) were recalled because of magnets that were SEWN into them (unexposed). Likewise, some jackets were recalled because the zipper heads weren't properly installed and those came off, posing a choking hazard. Many products have been recalled because the buttons have posed a problem.
Back to top
View user's profile Send private message Send e-mail
Jody
Guest





PostPosted: Fri Jan 02, 2009 11:18 am    Post subject: Reply with quote

I have a question about the small parts thing....

Doesn't that apply only to children under 3 years of age? And, it was my understanding that unless I was producing sleepwear, the flammability requirements don't apply.

I wasn't aware that the regs regarding flammability and small parts requirements changed with passage of CPSIA, just the requirement regarding how we certify compliance with them.

Did the CPSIA change the actual requirements regarding exemptions or age limits? If not, then it would seem that I could certify compliance in this regard by citing the regs.
Back to top
Jennifer, The Smart Mama
Guest





PostPosted: Fri Jan 02, 2009 12:11 pm    Post subject: General conformity certificates Reply with quote

Kathleen - Yes, GCCs are required beginning 11/12/08 for those products covered by an existing regulation, standard, ban, etc. So children's sleepwear, pacifiers, small parts, etc. For lead content, GCCs not required until the ban comes into play on 2/10/09.

Jennifer
www.thesmartmama.com
Back to top
Display posts from previous:   
Post new topic   Reply to topic    Fashion-Incubator User Forum Forum Index -> CPSIA & Consumer Safety All times are GMT - 6 Hours
Goto page 1, 2  Next
Page 1 of 2

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum


Powered by phpBB © 2001, 2005 phpBB Group