June 6, 2009

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By Ron Pacheco

The Flammable Fabrics Act, also known as 16CFR Part 1610, is a flammability regulation that covers all apparel fabrics with the exception of hats, gloves, footwear, and interlining fabrics. It also exempts plain surface fabrics weighing 2.6 ounces per square yard or more, and all fabrics made entirely from the following fiber or combination of them: acrylic, modacrylic, nylon, olefin, polyester, wool. There are many merchants and retailers who are unaware of the above and believe that flammability testing is only for children’s apparel. This is incorrect. It is for all apparel items, of all sizes and genders, except as noted above.

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There is also a lot of confusion as to who is responsible to ensure compliance with this federal regulation. For decades, domestic mills handled the responsibility, as this is a fabric test. As long as a retailers/merchant purchases fabric from a domestic mill, the domestic mill would perform or have outside labs perform the required testing. As more and more fabric purchases went overseas, the responsibility changed. If you purchase fabric from an importer, then he is responsible to ensure compliance. If you (retailer/merchant) purchase direct from a foreign mill or garment manufacturer, and utilized your letter of credit, then you become responsible to ensure compliance. If you use an agent overseas, then you (retailer/merchant) are considered the manufacturer of record, since you are bringing it into this country. This basic understanding as to who is responsible is simply whomever brings the merchandise into the U.S. is considered the manufacturer of record and needs to ensure compliance, since legally U.S. regulators cannot go after foreign manufacturers. Some retailers/merchants think that because they use an agent and pay him a percentage of the F.O.B., that he is responsible. This is incorrect. The agent probably will get the fabric tested, as needed, however, the retailer/merchant cannot assume that he will do so. They need to be sure that their agent is protecting their interest. Of course the retailer/merchant can have their own testing program in order to be sure that the testing is conducted in a logical manner utilizing independent labs located throughout the Far East.

Lastly, for many decades the responsibility was always placed on the shoulders of those previously indicated. However, in the last ten years or so, the Consumer Product Safety Commission (CPSC) has stated many times that even when retailers/merchants utilize importers and others to shield their liability, that they still had a responsibility to their consumers to protect them since they are part of the chain. This approach would ensure that retailers/merchants have a vested interest in the products that they sell and cannot hide from litigation.

Are you importing garments? Where are you in this article? For more information about this very important subject - Ron Pacheco -Technical Director textiles can be reached at ron.pacheco@logicalmetrics.com or visit us at www.get-logical.com.