Textile and Apparel Import Regulations: Complete Compliance Guide for Fashion Brands

Textiles and apparel face a complex web of regulations from multiple agencies. Understanding the framework helps you navigate compliance requirements.

Key Regulatory Bodies

• CBP (Customs and Border Protection): Import entry, classification, country of origin, duty collection
• FTC (Federal Trade Commission): Labeling requirements, fiber content, care instructions
• CPSC (Consumer Product Safety Commission): Flammability standards, children's products
• OTEXA (Office of Textiles and Apparel): Trade statistics, visa requirements

Key Regulations

• Textile Fiber Products Identification Act: Fiber content labeling
• Wool Products Labeling Act: Special requirements for wool
• Fur Products Labeling Act: Fur product labeling and origin
• Care Labeling Rule: Care instruction requirements
• Flammable Fabrics Act: Flammability standards for clothing

Trade Policy Overlays

• Section 301 tariffs: Additional duties on China-origin textiles
• UFLPA: Import restrictions on Xinjiang-region products
• Anti-dumping/CVD: Orders on specific products from specific countries
• Free Trade Agreements: Preferential rates with rules of origin requirements

Textile classification is notoriously complex. Proper classification directly impacts duty rates, which range from 0% to 32%+ on apparel.

HTS Structure for Textiles

Textiles primarily fall in Chapters 50-63:

• Chapters 50-55: Textile fibers and yarns
• Chapters 56-60: Fabrics and made-up textiles
• Chapters 61-62: Apparel and clothing accessories
• Chapter 63: Other made-up textile articles

Key Classification Factors

• Fiber content: Cotton, man-made fiber (MMF), wool, silk, or blends
• Knit vs. woven: Chapters 61 (knit) vs. 62 (woven) for apparel
• Gender: Men's/boys' vs. women's/girls' vs. unisex
• Garment type: Specific construction features affect classification

Fiber Content Impact on Duties

Blend Rules

Chief weight determines classification for blends:

• Determine fiber content by weight
• Classify based on fiber with highest percentage
• Ties go to fiber with highest duty rate (GRI 3(c))

Common Classification Errors

• Misidentifying knit vs. woven construction
• Incorrect fiber content reporting
• Wrong gender classification
• Overlooking construction details that affect classification

Every textile product sold in the US must have specific label information. Violations result in seizure, penalties, and market exclusion.

Required Label Elements

• Fiber content: Generic fiber names and percentages
• Country of origin: Where the product was made
• Manufacturer/importer identification: RN or WPL number, or name and address
• Care instructions: How to properly care for the garment

Fiber Content Rules

• List fibers by percentage in descending order
• Use generic fiber names (not brand names)
• Fibers under 5% may be listed as "other fiber" unless functional
• Ornamentation may be excluded if it's a small percentage

Country of Origin Requirements

• Must state "Made in [Country]" or equivalent
• Indelibly marked (permanent label, not hangtag alone)
• Conspicuous and legible
• In English

Care Labeling

Must provide care instructions that, if followed, won't damage the product:

• Washing method (machine, hand, dry clean)
• Drying method
• Ironing instructions (if needed)
• Bleaching instructions (if bleach would damage)
• Warning if care not possible (e.g., "dry clean only")

ASTM symbols may be used in lieu of words.

Label Placement

• Labels must be attached to the product (not just packaging)
• Must be legible at point of sale
• Must remain attached and legible during useful life

Country of origin for textiles follows complex "substantial transformation" rules. Getting this wrong can result in penalties and origin fraud allegations.

The Substantial Transformation Test

For textiles, origin is where "substantial transformation" creates a new and different article with a new name, character, and use.

Apparel-Specific Rules

For apparel, cutting and sewing generally determines origin:

• Cutting: Where fabric is cut into garment components
• Sewing: Where components are assembled into garment

If cutting and sewing occur in different countries, origin is typically where sewing occurs.

When Cutting Alone Matters

For some products, cutting may be sufficient if:

• The cut pieces have a distinct identity
• Minimal sewing is required
• The cutting process is complex and value-adding

Processing Operations That Don't Change Origin

These operations generally don't establish origin:

• Pressing or ironing
• Simple trimming
• Packaging and labeling
• Inspection and testing
• Minor finishing operations

Multi-Country Production

Modern supply chains often involve multiple countries:

• Yarn spun in Country A
• Fabric woven in Country B
• Fabric cut in Country C
• Garment sewn in Country D

Origin would typically be Country D (where sewing occurred).

Documentation Requirements

• Maintain production records showing where operations occur
• Supplier declarations of origin
• Factory audit reports
• Bills of material with component origins

The Uyghur Forced Labor Prevention Act (UFLPA) has significant implications for cotton textiles. Compliance requires documented supply chain due diligence.

What UFLPA Covers

UFLPA creates a rebuttable presumption that goods made in Xinjiang, or by certain entities, are made with forced labor and therefore prohibited from import.

Impact on Textiles

Xinjiang produces ~85% of China's cotton and 20%+ of global cotton. Textile impacts:

• Cotton fiber from Xinjiang is presumed prohibited
• Products containing Xinjiang cotton are prohibited
• Includes yarn, fabric, and finished apparel
• Even small amounts of Xinjiang cotton trigger prohibition

Due Diligence Requirements

To import cotton textiles, you need:

• Supply chain mapping to raw cotton source
• Documentation showing cotton origin
• Supplier declarations and certifications
• Audit reports or third-party verification

Acceptable Evidence

CBP guidance suggests:

• Origin certificates for raw cotton
• Supply chain tracing documentation
• Independent audits of suppliers
• Contractual requirements with suppliers
• Testing (isotopic or other) to verify origin

Detention and Exclusion

If CBP suspects UFLPA violation:

• Shipment is detained
• Importer has 30 days to provide evidence
• If not cleared, goods are excluded
• Repeated violations may trigger enhanced scrutiny

Practical Steps

1. Map your supply chain to raw material level
2. Require supplier certifications regarding cotton origin
3. Conduct or require audits of suppliers
4. Consider switching to non-China cotton sources for certainty
5. Maintain documentation for every shipment

Beyond labeling, textiles must meet safety requirements, particularly for children's products.

Flammability Standards

Textiles must meet flammability requirements under the Flammable Fabrics Act:

• General wearing apparel: Standard 16 CFR 1610
• Children's sleepwear: Stricter 16 CFR 1615/1616
• Vinyl plastic film: 16 CFR 1611

Children's Product Requirements

Apparel for children under 12 must:

• Be tested by CPSC-accepted laboratory
• Have General Conformity Certificate or Children's Product Certificate
• Meet lead content limits
• Meet phthalate limits (for certain products)
• Have tracking labels

Testing Requirements

Import Documentation

Have available at import:

• Flammability test reports (or supplier certifications)
• General Conformity Certificate (adults)
• Children's Product Certificate (children's products)
• Third-party test reports for children's products

Common Violations

• Missing or inadequate flammability testing
• Children's sleepwear not meeting stricter standards
• Missing tracking labels on children's products
• Lead or phthalate violations in children's accessories

FTAs offer significant duty savings for qualifying textiles, but rules of origin are complex.

Key Textile FTAs

• USMCA: Mexico and Canada (replaced NAFTA)
• DR-CAFTA: Central America and Dominican Republic
• Various bilateral: Jordan, Morocco, Peru, Colombia, Korea, etc.

Yarn Forward Rule

Most textile FTAs require "yarn forward" origin:

• Yarn must be spun in FTA country
• Fabric must be formed in FTA country
• Garment must be cut and sewn in FTA country

Using yarn from outside the FTA zone typically disqualifies the garment.

Tariff Preference Levels (TPLs)

Some FTAs allow limited quantities of non-originating fabric:

• Specific fabric types may qualify for TPL
• Quantities are limited and tracked
• Still requires cutting and sewing in FTA country

Short Supply Provisions

If a specific fiber/yarn/fabric is not available in the FTA region:

• May be sourced from outside without losing preference
• Requires short supply determination
• Subject to specific procedures

USMCA Specifics

USMCA textile rules include:

• Yarn forward requirement for most apparel
• Fiber forward for some products
• Specific rules for synthetic fibers
• De minimis provisions (7% for most textiles)

Documentation Requirements

• Certificate of Origin (or certification statement)
• Production records showing fiber, yarn, fabric sources
• Supplier declarations
• Traceability through supply chain

Given the complexity of textile regulations, systematic compliance management is essential.

Product Classification Database

Maintain records for every SKU:

• HTS classification with supporting rationale
• Fiber content breakdown
• Construction details (knit/woven, weight)
• Country of origin with documentation
• Applicable duty rate (including 301, AD/CVD)

Supplier Management

Qualify suppliers to ensure compliance:

• Factory audits for social compliance and production capability
• Origin documentation and verification
• UFLPA due diligence requirements
• Testing capabilities and certifications

Pre-Import Verification

Before each shipment:

• Verify labels meet requirements
• Confirm documentation is complete
• Check country of origin determination
• Validate fiber content testing
• Ensure children's products have CPC

Training Requirements

Train personnel on:

• Textile classification fundamentals
• Labeling requirements
• Country of origin rules
• UFLPA compliance
• FTA qualification requirements

Broker Management

Work with customs brokers who:

• Specialize in textiles/apparel
• Understand textile classification nuances
• Can advise on FTA qualification
• Monitor regulatory changes