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Exporting clothing, footwear and textiles from the US

Fabrics and garments made for export and labelled as intended for export are outside the US Flammable Fabrics Act, but a product that fails a flammability standard is exported only after 30 days' notice to the CPSC. US exporters or producers who certify USMCA origin for Canada or Mexico keep the records for five years. Most shipments need EEI.

Updated · Each section links to the official source it comes from

Flammability exports
Flammable Fabrics Act section 15, 15 U.S.C. 1202
Noncomplying goods
Statement to the CPSC 30 days before export
Goods once sold in the US
May be exported under the CPSC's FFA policy
Origin for Canada and Mexico
USMCA certification of origin
Origin records
Kept at least five years
Export declaration
EEI in the AES, above $2,500 per Schedule B line

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Does the fabric or garment meet the US flammability standards? Read more
  2. 2If not, is it labelled for export and has the CPSC had 30 days' notice? Read more
  3. 3Will the buyer in Canada or Mexico claim USMCA preference on a certification you complete? Read more
  4. 4Does the shipment need EEI, and who files it? Read more
  5. 5Is the buyer, end use or destination restricted? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Flammability standards and exports

How the Flammable Fabrics Act treats fabrics, related materials and products leaving the US.

  • The Act does not apply to fabric, related material or a product to be exported if it and its container bear a stamp or label stating it is intended for export, and it is in fact exported, unless the CPSC finds an unreasonable risk of injury in the US (15 U.S.C. 1202(a)).
  • Not less than 30 days before exporting goods that fail an applicable flammability standard, the exporter files a statement with the CPSC giving the shipment date, the destination country and port, and the quantity (15 U.S.C. 1202(c)).
  • The CPSC then notifies the destination government of the export and the basis of the standard.
  • The CPSC's policy allows export of goods failing a flammability standard whether or not they have been distributed in the US; the notice requirement still applies (16 CFR 1019.31(b)(6)).
  • No notice is needed for samples labelled "Sample only. Not for resale.", or where the only failing is labelling in a foreign language that carries the required information (16 CFR 1019.1).
  • The Act still applies to goods made for, sold to or shipped to a US installation outside the US.

How we help: Compliant Always keeps the flammability test reports, the export labelling and any CPSC notice with each lot, dated, and shows where the 30-day period has not yet run. Ask about this

USMCA certifications of origin for Canada and Mexico

What a US exporter or producer takes on when it completes a certification of origin for goods going to Canada or Mexico.

  • An exporter or producer that completes a certification of origin for goods exported to Canada or Mexico gives CBP a copy on request (19 CFR 182.21(a)).
  • If it has reason to believe the certification is incorrect, it promptly notifies in writing each person it gave the certification to, and CBP.
  • It keeps, for at least five years after completing the certification, the records on the origin of the goods, including the purchase, cost, value, shipping and payment of the goods and their materials, and their production.
  • CBP may not require an exporter or producer to complete a certification of origin or provide one to another person (19 CFR 182.12(f)(2)).

How we help: Compliant Always keeps each certification of origin with the supplier and production records behind it, dated, and shows what is missing or expiring before a shipment. Ask about this

Export declaration: EEI in the AES

Electronic Export Information filed in the Automated Export System, the export component of ACE, before the goods leave.

  • The EEI is filed through the AES by the US principal party in interest (USPPI), its authorised agent, or the authorised US agent of the foreign principal party in interest, for exports of physical goods, including orders received over the internet (15 CFR 30.2).
  • No EEI is needed where the value under one Schedule B or HTSUSA number, from one USPPI to one consignee on one conveyance, is $2,500 or less, unless a licence is required (15 CFR 30.37(a)).
  • Shipments to Canada are exempt, except goods stored in Canada for a third country or moving through Canada to one (15 CFR 30.36).
  • Filed before departure: 24 hours before loading for vessel cargo, 2 hours before departure for air cargo, 1 hour before a truck reaches the border (15 CFR 30.4).
  • Each line carries a 10-digit Schedule B or HTSUSA number and, where it applies, the ECCN or EAR99 (15 CFR 30.6).
  • Parties to the export keep its documents for five years from the date of export (15 CFR 30.10).

How we help: Compliant Always keeps the invoices, classifications and certificates behind each declaration with the shipment and lot, dated, and answers importers' questions from that record. Ask about this

Export controls: EAR99 and the general prohibitions

Whether the Export Administration Regulations call for a licence, which for most consumer goods turns on the destination and the buyer.

  • Items in the United States and US-origin items wherever located are subject to the EAR (15 CFR 734.3).
  • Items subject to the EAR but not listed on the Commerce Control List are designated EAR99 (15 CFR 734.3(c)).
  • BIS: EAR99 items do not need a licence in most situations, but may if destined for a prohibited or restricted end user, end use or destination of concern.
  • Denial orders, prohibited end uses and end users, and embargoed destinations such as Cuba, Iran, North Korea and Syria apply to EAR99 items too (15 CFR 732.3).

How we help: Compliant Always keeps each product's export classification with its record, dated, and shows where one is missing before a shipment. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ExporterThe export labelling, any CPSC notice, a USMCA certification it completes and, as USPPI, the EEI.Notices, certifications and declarations kept with each shipment, dated.
Producer or millFlammability testing, and origin certifications or written representations it gives.Test reports and origin records kept with each lot.
Freight forwarder or customs brokerFiling EEI as the authorised agent.The commercial documents behind the filing, in one record.
RegulatorThe CPSC for flammability exports; CBP for USMCA origin records.Notices and certifications kept with the shipment they cover.

Where are the goods going?

Most of what clothing, footwear and textiles have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Do clothes exported from the US have to meet US flammability standards?
Not if they and their containers are labelled as intended for export and are in fact exported, unless the CPSC finds an unreasonable risk of injury in the US (15 U.S.C. 1202(a)).
Can I export garments that fail a US flammability standard?
Yes, after filing a statement with the CPSC at least 30 days before export, giving the shipment date, the destination country and port, and the quantity.
Can I export flammable clothing that was already sold in the US?
The CPSC's policy allows export of goods failing a flammability standard whether or not they were distributed in the US, subject to the notice requirement of 16 CFR Part 1019.
What does the CPSC do with a textile export notice?
It notifies the government of the destination country of the export and of the basis for the flammability standard the goods fail.
Do textile samples sent abroad need CPSC notice?
No, if they are for use only as samples, labelled in English "Sample only. Not for resale.", and in quantities consistent with trade practice.
Who certifies USMCA origin for textiles exported from the US?
The importer, exporter or producer may complete the certification. A US exporter or producer that completes one gives CBP a copy on request and keeps the origin records for at least five years.
Do I have to complete a USMCA certification of origin for my buyer?
CBP may not require an exporter or producer to complete a certification of origin or to provide one to another person (19 CFR 182.12(f)(2)).
What if a USMCA certification I gave turns out to be wrong?
Promptly notify in writing each person you gave it to of any change affecting its accuracy, and notify CBP of the correction (19 CFR 182.21(b)).
Which records support a USMCA certification for apparel?
Records of the purchase, cost, value, shipping and payment of the goods and of the materials used, and of production, kept at least five years (19 CFR 182.21(c)).
Do I need to file EEI to export clothing?
Yes, through the AES, unless an exemption applies, such as $2,500 or less under one Schedule B number to one consignee, or most shipments to Canada.
How does Compliant Always help with exporting from the US?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

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