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Clothing. Almost every human being on the planet wears some form of it. As an import industry in the United States, it brings in over $140 billion annually. Knowing the regulations for how to import clothes can help you navigate the process successfully.
Key Takeaways:
Our guide below details five rules for importing clothing and apparel to the U.S. that will help you avoid heavy penalties and delays.
To keep up with the demand for the various styles, materials, and accessories, importers need to stay up to date on various rules.
We’ll review five major rules of clothing imports that can help you navigate regulations and avoid hefty fines from multiple agencies.
For standard import requirements that apply to clothing as well as other items, check out our article on the documents needed for import and export.
All imports must be inspected and approved by the U.S. Customs and Border Protection (CBP) agency when arriving at a port of entry. They oversee all standard entry procedures and duty collection, but also act as enforcers of Partner Government Agencies (PGAs) regulations.
CBP import duty collection is based on an import’s Harmonized Tariff Schedule (HTS) code. Correctly identifying the HTS code for any kind of apparel is complicated because of the sheer number of descriptions used.
Weave, fabric, intended use, and even water resistance play a role. CBP actually maintains 17 separate Informed Compliance Publications (ICPs) for product classification rules for apparel.
Additionally, CBP works together with the following agencies to ensure compliance for labeling, materials, and more.
Meeting all the requirements set by supervising government agencies is one way to improve the chances your shipment clears customs quickly and efficiently. The best way to do that is to work with a licensed Customs Broker familiar with the various agencies.
Related: The Complete Guide to Importing Textiles
Footwear is not considered clothing, but it is considered to be apparel. Importing footwear is similar to importing clothing in the sense that there needs to be documentation of fabric types and specific labeling. However, there are several more identifying factors on shoes that are not in consideration for clothing.
For more information on importing footwear, check out our article, “How to Import Shoes to the U.S.”
The Care Labeling Rule was created by the FTC to ensure that imported and domestically manufactured clothing contained a label detailing regular care instructions.
The label must include information on whether garments are machine washable or must be dry-cleaned. It should also include any warnings such as ‘Do not iron’ if such an action would damage the item.
As a general rule of thumb, any parts of a product that are non-detachable should be covered by the care instructions on the label.
Some textile apparel and accessories are exempt from this rule, such as:
Related: Importing Silk into the US
Apparel that might be deemed too fragile or small for a product care label, such as hosiery, must have the care instructions prominently printed on the packaging or an attached hang tag.
The care instructions must be in English and the FTC does recommend using the terminology outlined in the Care Labeling Rule. If you choose to use labels with care symbols, the only ones allowed are those designated by the American Society for Testing and Materials (ASTM) Standard D5489-96c.
If you are importing from the EU, it may be possible to use the existing labels if they follow the International Standards Organization (ISO) Standard 3758:2005(E), provided all other information is included.
Although you can import items that don’t have a care label, the clothing cannot be sold until such a label is permanently attached. If you plan on altering the garments within the U.S. to meet the rule, be sure that the manufacturer has provided the applicable care guidelines in the sales paperwork.
The FTC will impose a fine for each individual garment that is found to be missing a label or containing a label with inaccurate information. Finding a trustworthy supplier or manufacturer is therefore crucial.
However, care instructions are just one aspect of label requirements. I’ll go into the additional marking requirements next.
The marking requirements apply to wearable apparel and are separate from the FTC’s Care Labeling Rule. These additional label requirements still fall under the FTC, but are based on separate federal laws and guides.
Which rules apply to your garments will often depend on the material they are made of or if you import a specialty garment, like a wedding dress.
The exception would be the Mod Act’s rules on country of origin markings. These actually apply to all imports, not just clothing. Per the FTC, it’s an identifier that must be included on attached clothing labels. If the material and the manufacturing took place in different countries, that must also be indicated.
The label requirements per each guide and rule are substantial, so CBP made a guidebook for wearing apparel containing the various requirements.
The CBP’s marking requirements are extensive and while their guidebook provides excellent details, it is meant as a general guide only.
Reaching out to a Licensed Customs Broker is the best way to be sure you are satisfying all related factors affecting import. Experienced brokers may assist on proper classifications of products to avoid fines and penalties.
Related: Importing Leather Goods to USA
Our team of Licensed Customers Broker can help you navigate the process and successfully import your clothing.
Make sure clothing is safe and made from textiles that meet CPSC fire safety standards. The EPA also has some influence with regard to the chemicals that may be used in the textile production phase, particularly if they impact flammability.
The CPSC regulations for wearing apparel come from three different laws.
Any violations may result in not only fines, but in having your shipments destroyed in port on your dime.
All clothing intended for everyday wear by adults or children has to meet the General Wearing Apparel Standard (16 C.F.R. Part 1610). The standard is used to rate the flammability of clothing and textiles and has three classes. Any textile identified as Class 3 cannot be used in clothing.
While there are exceptions to the standard, it is best to have an experienced broker alongside to navigate the differences.
When it comes to children’s products, the CPSC has even stricter guidelines. The requirements for importing children’s clothing in general, and sleepwear specifically, cover not only the textile but also attachments like buttons and zippers.
To import children’s clothing, the General Wearing Apparel Standard must be certified by a 3rd party lab test approved by the CPSC.
If the clothing is being marketed as children’s sleepwear, the fabric used must be able to self-extinguish after being removed from a small fire or heat source. Fabrics don’t have to be fire retardant, but pretty close.
As with adult clothing, there are exceptions, but these should be consulted over with someone experienced in clothing imports.
Related: CPSC Customs Holds
Finally, you want to make sure that import duty rates are being paid correctly to the CBP. As mentioned, HTS code classification will determine tariff rates for each product you import to the U.S.
If you use the wrong HTS code, the taxes you pay may be incorrect. Whether the amount you pay is higher or lower, fixing the mistake takes time and usually results in penalties.
For more information on finding HTS codes, check out our article, “How do I Find my HTS Code?”
Mistaken HTS codes may also result in your shipments being exported out or destroyed. You might have complied with all the laws, but if your shipments were mislabeled it could cost you in lost merchandise.
This is especially true when you consider how many HTS codes apply to clothing.
The table here only shows the basic chapter and heading that may apply to your imports. Realize that under each, there are often dozens of eight to ten-digit codes that further identify items and assign general rates of duty.
If you choose to import clothing from China, a primary market for apparel sourcing, you’ll also need to determine whether the HTS code is subject to an additional duty. The extra costs are due to the Section 301 Tariffs currently in effect for that country’s goods.
Although there are a number of clothing and apparel related items that never had extra tariffs levied against them, it can be difficult to pinpoint them without help from a Customs expert.
Related: A Guide to China’s Section 301 Tariffs
To help you on our business journey, check out the USA Customs Clearance HTS Lookup Tool. Find codes that match your products description and then use our customs brokerage team to ensure you've got the right fit.
Keep your business profitable by being able to get your hands on great clothing from around the world. Use USA Customs Clearance to help you do so while staying in compliance and avoiding penalties and fees.
We offer a full range of Customs Brokerage services for all manner of imports.
With expert help from USA Customs Clearance, your import business can strut its way to new levels. Call us today at (855) 912-0406 or send us a direct message through our online contact form.
Our team of Licensed Customers Broker can help you navigate the process and successfully import your clothing.
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How to export from Bangladesh to USA
Needs guidance in export business of apparel to usa
I need import business guidance and support in dallas, texas. USA.
How can I report a manufacturer and distributor who has NOT complied with these requirements?
I would like to import Alpaca clothing items and backpacks for sale, into the US from Peru. What paperwork is needed as far as legally transporting into the US?
How can I have the import tax in USA for clothing came from Brazil?
Also document required?
I'd like to import EU made clothing and underwear (for adults). Do I really have to add new care labels with markings according to the US standard (the EU ones will not be enough)?
Hi,
I’m need some guidance in this matter.
Please reach out to me.