Before a company receives its China manufactured products from an international port, there is one thing they must understand &#; product labeling. US companies must ensure that their products have proper labeling with the country of origin. This blog briefly discusses what every importer of record must know about labeling requirements.
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A China manufacturer is not responsible for properly labeling products for the American market. That responsibility falls squarely on the shoulders of the entity importing the goods into the USA.
Product Labeling Requirements
Most countries have legal requirements regarding labeling. A label can inform the consumer about a variety of things:
- Country of origin
- Safety testing compliance
- Product materials, size, and general information
- Warning labels
- Miscellaneous consumer instructions
There are labeling requirements that apply to most product categories. As an example, every product label in the US must indicate the country of origin, like the &#;Made in China&#; commonly printed above or below the UPC codes of many products. Europe and Australia have similar but different labeling categories.
Labeling requirements can also apply to specific categories of products such as electronics, parts/components, toys, and textiles. Each product has its own unique labeling requirements. Failing to properly label manufactured products will become an expensive error at some point.
Who is Responsible for Proper Labeling?
The importer of record is ultimately responsible for ensuring that products have proper labels and that they have the standard compliance that controllers establish for them. While some are most offshore factories will not be aware of these labeling requirements or the proper testing and certification thereof. It&#;s good to note that 100% of the offshore factories American companies use to manufacture goods are NOT responsible for these details. Therefore, you, as the importer of record must provide your offshore manufacturer with the artwork showing the labels that should be displayed and applied to your product.
Companies that purchase wholesale (ready-made) products from offshore sources must be particularly careful to ensure labeling. This is because offshore manufacturers do not make products specifically with US or European Union labeling requirements in mind. They are focused on the product itself. These manufactured products are typically devoid of labeling specific to any country or, at best, have generic labels only. Before they are imported, companies must be sure to label them and ensure they are in compliance.
Communicating Labeling Requirements to Your China Manufacturer
US companies must research which labeling requirements apply to their particular products and then design the labeling artwork accordingly. Let&#;s take apparel and attire, for instance. You&#;ll want to supply the brand labeling and care instruction labels.
Ensure your manufacturer is also aware of the following:
-
- Label dimensions
- The label material and print type
- Label color
A good practice is to discuss in advance what artwork program the maker uses to create labels. This can streamline the operation. High-quality, experienced factories may be familiar with certain types of labels and file documents but you never know and this is not something you want to take for granted. Labels must also be inspected and proofread with the same enthusiasm as the product itself.
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You May Need &#;Professional Help&#;
Navigating through labeling requirements, standards, and testing that may be required for your particular product may be tedious but it is absolutely necessary. There is much to consider: country of origin and understanding Prop 65, to FCC and CPSIA product regulations to name a few.
Different product categories require different types of labels. Toys and children&#;s products, transportation-related items, medical devices and equipment, shoes and apparel, electronics, sports products and especially products that touch food all require some sort of label. Trying to locate and understand each labeling regulation can be confusing and time-consuming.
A professional offshore manufacturing liaison company can help. Although various regulators expect your company to know more about your industry and the requirements, an experienced offshore manufacturing liaison can offer advice and guidance to help cover all the bases. ITI Manufacturing manages the complete offshore manufacturing process and guarantees no manufacturing defects. If you have considered China manufactured products in the past and experienced challenges or if you are considering offshore manufacturing for the first time, we can help you.
Connect with ITI Manufacturing and let us help you with the details of your project. Call to speak with one of our experts today at 281-242-, or request a quote online.
Answer
The marking statute, section 304, Tariff Act of , as amended (19 U.S.C. ), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and the exceptions of 19 U.S.C. . Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines "country of origin" as the country of manufacture, production or growth of any article of foreign origin entering the U.S.
Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of the marking laws and regulations. Unless a substantial transformation occurs the countries of origin should remain on each component of the product and there are penalties for the improper removal of the country of origin marking. There are also regulations involving the permanency of a marking, which depend on the specific product. We recommend that you consult with an experienced attorney familiar with the specific facts and circumstances to determine whether a substantial transformation has occurred and to recommend marking language. Please let us know if we can be of help in this regard.
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