Newsletter Buying & Production nr. 11, 2022

CR/Circular

• Renewed greenwashing allegations against H&M 

Safety & Compliance EPR

• EPR: Environmental labelling in Italy as of 2023 compulsory
• Packaging labelling legislation in Europe: a regulatory update
• Recyclen van verpakkingen Duitsland

Safety & Compliance

• China National Standard GB/T 43293-2022Shoe Size Published

Quality & Sizing

• Bureau veritas consumer products services launches virtual footwear fitting solution

KSA

• Exporting Fashion to Saudi Arabia: What You Need to Know

Trade policy & customs

• Turkey has requested the European Commission to change the English translation for ‘Republic of Turkey’ or ’Turkey’ to ‘Republic of Türkiye’ or ’Türkiye’
• Please note! Customs rules around BTI are applied more strictly 

Sourcing

• MODINT Logistiek zeevrachtmonitor

CR/Circular
Renewed greenwashing allegations against H&M 
The Swedish chain H&M has to defend itself again against the accusation of trying in a "misleading, illegal and deceptive way" to profit from the "green consumer trend". That's the wording of a 55-page lawsuit filed in U.S. federal court in Missouri. Accordingly, H&M is supposed to falsely suggest to customers that the products of the "Conscious Choice" line are an environmentally friendly purchase decision, writes German trade magazine TextilWirtschaft. The two plaintiffs, Abraham Lizama and Marc Doten, describe H&M's sustainability messages in their allegation as "unlawful, unfair, deceptive and misleading business practices".

Safety & Compliance EPR
EPR: Environmental labelling in Italy as of 2023 compulsory
MODINT has been informed by its Italian counterpart SMI that the Ministry of the Environment and Energy Security has published, on its official website, the Decree n. 360 of 28 September 2022, "Guidelines on the labeling of packaging pursuant to art. 219, paragraph 5, of legislative decree 3 April 2006, n. 152". Click here for the Ministerial website page, where it is also possible to download the Guidelines in both the Italian and English version.

The decree was issued pursuant to article 219 of the Environmental Code (paragraphs 5 and 5.1.), according to which "all packaging must be appropriately labeled according to the methods established by the applicable UNI technical standards and in compliance to the decisions adopted by the Commission of the European Union, to facilitate the collection, reuse, recovery and recycling of packaging, as well as to give correct information to consumers on the final destinations of packaging. The producers also have the obligation to indicate, for the purposes of identification and classification of the packaging, the nature of the packaging materials used, on the basis of Commission decision 97/129/EC. 5.1. Within ninety days from the date of entry into force of this provision, the Minister of ecological transition adopts, with a decree of a non-regulatory nature, the technical guidelines for the labeling referred to in paragraph 5." We also remind you that the labeling obligations referred to in the aforementioned provision of the Environmental Code will take effect from 1 January 2023. The new rules will apply to all packaging, with the exception of those for drugs and medical devices, as explained in the environmental ruling issued (only in Italian) by the Ministry and which can be found here. Finally, it should be noted that packaging without the labeling requirements already placed on the market or provided with labeling on 1 January 2023 can be marketed until stocks last (explanations and operational indications can be found in the Guidelines). This year MODINT has already advised many companies who export to Italy, in case of questions please do not hesitate to contact Antonio F. Barberi Ettaro.

Packaging labelling legislation in Europe: a regulatory update
Click here to read the whitepaper.

Recyclen van verpakkingen Duitsland
Klik hier om de presentatie van de meeting van 11 oktober jl. te lezen.

Safety & Compliance
China National Standard GB/T 43293-2022Shoe Size Published
Please click here to read the standard.

Quality & Sizing
Bureau veritas consumer products services launches virtual footwear fitting solution
Bureau Veritas Consumer Products Services (BVCPS) is pleased to introduce our new Virtual Footwear Fitting Solution. Sizing remains one of the biggest issues for brands and retailers resulting in high cost of returns, bad customer experience, and higher carbon footprint due to the solid waste generated from returned products and packaging. Read more>>

Exporting Fashion to Saudi Arabia: What You Need to Know
The Kingdom of Saudi Arabia is a fast-growing fashion market with many opportunities for brands and retailers. However, fashion imports are governed by a strict regulations that cover everything from textiles to footwear, leather products and jewelry. In this article we discuss the requirements for importing various types of fashion products and how you can achieve compliance. Read on to find out more!

The evolving fashion market in Saudi Arabia
New freedoms for women in Saudi Arabia have been granted in recent years including the right to drive, get their own passport, travel abroad and live independently. This loosening of restrictions on women extends to dress code. In 2018, the Crown Prince Mohammed bin Salman said women no longer have to wear an abaya – a long, loose garment worn over clothes, typically accompanied by a black headscarfor niqab – in public. While women are still required to dress modestly, many are “opting for conservative but creative alternatives: sporty jumpsuits, business-cut robes and even kimonos”, according to The Wall Street Journal.

In 2018, Saudi Arabia also hosted its first ever Fashion Week in Riyadh, giving both local and international fashion designers an opportunity to showcase their work to a female-only audience. And then in 2019, the Ministry of Culture established the Fashion Commission to drive forward the new wave of Saudi fashion talent. These changes have heralded a new age for fashion in Saudi Arabia, with a growing market for both luxury and high-street brands.
General certification requirements for importing fashion to Saudi Arabia. The Saudi Standards, Metrology and Quality Organization (SASO) manages the SALEEM product safety program under which many types of products, including fashion items, are regulated.Importers of fashion products intended for sale in Saudi Arabia are required to obtain a Product Certificate of Conformity (PCoC) from a SASO-approved Conformity Assessment Body (CB).

Importers of fashion products intended for sale in Saudi Arabia are required to obtain a Product Certificate of Conformity (PCoC) from a SASO-approved Conformity Assessment Body (CB), such as QIMA, before the shipment will be able to clear customs. Before providing the certificate, the CB will verify whether the product conforms with the relevant SASO Technical Regulation which outlines specific requirements around product safety and quality, design, packaging and labelling. Importers must be prepared to provide technical files to the CB that contain product information and testing data in order to obtain the necessary Product Certificate of Conformity.

Common Requirements
There are some requirements that are shared among the various TRs and are not considered product-specific:

• Suppliers should ensure that an effective environmental management system is in place
• Information contained in labeling, warnings, or instructions must be verifiable through testing data
• Labeling should be in Arabic or Arabic and English at a minimum
• Products, their images, and packaging, should not violate the public law, morals, and Islamic values prevailing in Saudi Arabic

Requirements for leather products
In July 2021, SASO approved the Technical Regulation (TR) for Leather Products which applies to all leather products including natural, synthetic or mixtures of both. Footwear is exempted from this TR as it is covered by a separate regulation, as well as animal hides which are considered a raw material rather than a finished product. It’s also important to note that the display and trading of endangered or forbidden animal hides is prohibited in Saudi Arabia.
Leather products intended for use by children under three years of age require Type 3 certification which involves product testing and a factory audit including product inspection. However, all other leather products require Type 1a certification which only involves product testing.

• There are also guidelines laid out relating to the labeling and packaging of leather products:
• Packaging should not contain lead, heavy metals, or any other substance considered harmful to human health
• Product labeling should be legible and non-erasable. Font sizes are at the discretion of the manufacturer
• Labeling must contain the following information: - Name and type of the product - Brand name and country of origin - Components - Leather type - Number of pieces in the package - Classification and date of manufacturing (for synthetic leather) - Classification and date of tanning (for tanned leather)

Requirements for footwear and accessories
In November 2020, SASO published the Technical Regulation for Footwear and which covers men’s, women’s, children and leisure shoes as well as informal slippers, regardless of the materials used. Professional footwear is included in the TR, however, it is subject to additional requirements under the Personal Protective Equipment and Clothing TR. Medical shoes and shoes that would be considered children’s toys are exempt.

Children’s footwear for children under 36 months requires Type 3 certification which involves a lab test report, product inspection and factory audit report. All other footwear requires Type 1a certification which only involves a lab test report. Footwear manufacturers are obligated to ensure footwear sizing meets the requirements of the relevant standards (ISO 9407, ISO / TS 19407 and ISO / TS 19408).

In terms of packaging, manufacturers are required to:

• Pack footwear in a single carton containing only one pair of shoes
• Ensure packaging is sufficient to contain the product
• Ensure product packaging is free of lead and heavy metals considered harmful to human health
• Ensure packaging bears the appropriate recycling symbols, where applicable

The following guidelines are laid out in regard to product labeling:

• Labeling must include brand name and country of origin
• Labels must be attached to footwear in a manner that is difficult to remove

Requirements for textile products
Published in 2018, the SASO Technical Regulation for Textile Products covers all products that contain textile fibers of at least 80% by weight including home furnishing and décor items (rugs, curtains, blankets, etc.) as well as clothing and apparel. It should be noted that underwear and children’s textile products require Type 3 certification which involves both product testing and a product inspection/factory audit. All other textile products require Type 1a certification which involves only product testing. The TR outlines strict testing requirements for textile products and permissible levels for specific hazardous substances. Test results should include:

• Identification of pH value
• Color stability
• Protection from hazardous chemicals - Formaldehyde - Penta chlorophenol (PCP), Tetrachlorophenol (TeCP), and Ortho Phenylphenol(OPP) - Heavy Metals (Antimony, Arsenic, Lead, Cadmium, Mercury, Copper, Total Chromium VI, Cobalt, and Nickel)
• Dyes and Derived Substances Considered Dangerous - Azo dyes Carcinogenic dyes and disperse dyes - Flame retardants - Insecticides, herbicides, and fungicides - Organic chlorinated compounds (Chlorinated Benzenes, Toluenes, and Naphtalenes) - Phthalates - Organotin

For textile products, the TR also lays out specific requirements for labeling and packaging as follows:

• Labeling must be sewn or fixed in a way that is difficult to remove and positioned on the product in a manner that is common to the textile industry
• The trademark or brand name is allowed on the label as long as it does not include, in partial or in full, the name of the fiber or any other name that might mislead the consumer
• Labeling must include the fiber components as listed in Annex 3 of the Technical Regulation written clearly and in a font size that is easy for the consumer to read
• Labels must include the following information: - List of fibers and the mass percentages for each - Weight, size, and dimensions - Supplier’s name and commercial register on external packaging - Country of Origin - Care instructions including appropriate symbols for washing/cleaning
• The Technical Regulation also identifies labeling requirements specific to fiber content that covers the following: - Use of “pure” in the composition description

- Describing wool by “Raw Wool” - Multi fiber textile products - Decorative fibers and supporting fibers - Multi component textile products - Textile products containing non textile parts of animal origin - Technical information for the label.

Trade policy & customs
Turkey has requested the European Commission to change the English translation for ‘Republic of Turkey’ or ’Turkey’ to ‘Republic of Türkiye’ or ’Türkiye’.
Dutch Customs advises companies to use the new name in English documents that are used for transport such as for example commercial documents, origin documents and A.TR-certificates. Dutch Customs as well as the customs authorities in Turkey have announced that for the time being both names will be accepted. However, we advise companies to already verify whether they have any trade with Turkey and need to change the name on the documents used. No changes to Dutch documents are needed yet.

Note that in other countries it may also be needed to make changes in the documents. For example, the Swiss Customs authorities issued a similar statement last month. The difference with the Netherlands is that in Switzerland all origin documents should include the new name regardless of if the documents are in English, German, French or Italian.

In Belgium, the authorities did publish the note of the European Commission to inform companies about this change. They have not issued a legal statement yet. The same goes for Germany. No official statement has been made by the Customs authorities yet. However, the German international chambers of commerce has requested that the name "Türkiye" be used on trade documents in English so as not to jeopardize import clearance in Turkey. Therefore, keep in mind that it can and will affect your business in other countries as well. Read more>>

Please note! Customs rules around BTI are applied more strictly 
Since the entry into force of the Customs Code of the European Union (UCC) on 1 May 2016, the use of Binding Tariff Information (BTI) requested and granted by the taxpayer is mandatory. Such a BTI gives entrepreneurs long certainty about the tariffs they have to pay on import and is valid and applicable throughout the EU. Until now, Dutch entrepreneurs could still set aside the BTI relatively easily if they had a pleadable position for it. If this was correct afterwards, this had no further consequences. In the UCC era, however, this is no longer the case. If an entrepreneur does not agree with the outcome of a BTI provided, then within the applicable periods only the way of 'objection and appeal' remains. Until the ruling on this, the entrepreneur is obliged to also apply the BTI. To date, Dutch Customs has not actively tested this. However, on the recommendation of the European Commission, this will change and Customs will strictly enforce this from now on. If the BTI provided is not applied, this can have far-reaching consequences, such as post-clearance claims and penalty orders. » More information on the website of the Tax Authorities/Customs.

Sourcing
MODINT Logistiek zeevrachtmonitor
Onderstaand treft u de MODINT Logistiek zeevrachtmonitor aan. Deze monitor is in 2017 ontwikkeld en geeft op een unieke wijze inzicht in de kosten van zeevracht. Het weegt de bekende CCFI-index, de ontwikkelingen van de olieprijs en de valutakoers EUR/USD. Zodoende ontstaat een zorgvuldige weging waarmee niet alleen het verleden zichtbaar is, maar waarmee ook gewerkt kan worden voor calculatiedoeleinden en voor contractonderhandelingen met expediteurs. Vanzelfsprekend werkt MODINT Logistiek aan meerdere initiatieven om de kosten voor zeevracht verder te laten dalen. Mocht u meer willen weten of vragen hebben over de monitor, dan kunt u contact opnemen met MODINT Logistiek.

 Deze zeevrachtmonitor is opgesteld door Greenway Logistics BV in opdracht van MODINT, Brancheorganisatie voor mode, interieur en tapijt op basis van gegevens die zijn aangeleverd door partnerbedrijven. De zeevrachtmonitor is bestemd voor de landen: België, Nederland, Luxemburg, Engeland, Ierland, Duitsland, Noorwegen, Zweden, Finland en Denemarken. Greenway Logistics BV en MODINT zijn niet verantwoordelijk voor de juistheid van de door de partners aangeleverde gegevens en aanvaarden derhalve geen enkele aansprakelijkheid. De inhoud of informatie van deze zeevrachtmonitor mag niet worden gereproduceerd, verspreid of gepubliceerd in welke media en voor welk doel dan ook zonder voorafgaande schriftelijke toestemming van Greenway Logistics BV.