The Importance of Labeling: Avoid Pitfalls in International Trade

By C. Matthew Schulz and Ke Diep

Consumers rely on labels as an important source of information about the products they buy and use. Textile and apparel products are often used in close connection with your body, so there are special health and safety concerns. Manufacturers and exporters who ship textile and apparel products to the US market without the properly labeling can expect legal trouble.

What Must Be On The Label

Textile and apparel products sold in the United States must be labeled with:

• fiber content;
• country of origin;
• manufacturer or dealer identity; and
• care instructions.

Labels must be present at the time the end user takes possession of the good. Care instructions labels must be permanently attached. If textile or apparel goods are shipped in an intermediate stage of manufacturing, then an invoice with this information must be in the shipment.

In addition to US federal law, some of the states have labeling requirements (e.g., flammability), especially for bed linen and sleepwear. Remember to check the state law where the goods are intended.

Fiber Content

The generic fiber names and percentages by weight of each constituent fiber must be listed in descending order of predominance for textile products.

This requirement applies only to fibers in yarns, fabrics, clothing and other household items. You do not have to list non-fibrous material (plastic, glass, wood, paint, metal, leather, zippers, buttons, beads, sequins, leather patches, painted designs, etc.).

In general, you may name only the fibers that comprise 5% or more of the fiber weight. Fibers of less than 5% should be disclosed as “other fiber” or “other fibers” and not by their generic name or fiber trademark.

There are exceptions to this “5% rule”. You must disclose wool or recycled wool by name and percentage weight, even if it is less than 5% of the product. You may state the name and percentage of a fiber that is less than 5% of the product, if the fiber has a definite functional significance at that amount.

Country Of Origin

The general rule is that textile products made entirely abroad must be labeled with the name of the specific country where it was processed or manufactured.

The name of the country must be in English. Abbreviations and other spellings close to English may be used if they clearly identify the country. You can put the country’s flag or other symbol next to the name. You do not have to put “made in” or “product of” on the label.

The label must identify both countries when processing or manufacturing takes place in the U.S. and another country.

For products made in the United States from imported materials, the label must indicate that the product contains imported materials. The label may identify the country of origin of the imported materials, but it doesn’t have to. It can say, “Made in U.S.A. of imported fabric” or “Knitted in U.S.A. of imported yarn.” This disclosure must appear as a single statement, without separating the “Made in U.S.A.” and “imported” references.

Certain products (sheets, towels, comforters, handkerchiefs, scarves, napkins and other “flat” goods) require identification of both the country of product manufacture and the country where the fabric was made. If made in the US for imported materials, the label must identify both the U.S. and the country of origin of the fabric.

Manufacturer Or Dealer Identity

Either the company name or the Registered Identification Number (RN) of the manufacturer, importer or another firm marketing, distributing or otherwise handling the product must be on the label.

Note that the FTC registers and issues RN only to businesses in the United States that manufacture, import, market, distribute or otherwise handle textile, wool or fur products. RNs are not issued to businesses outside of the United States.

Care Instructions

The care instruction requirement generally applies to textile apparel worn to cover or protect the body. There are exemptions for shoes, gloves, hats, handkerchiefs, belts, suspenders and neckties. Also exempted are:

• Non-woven garments made for one-time use;
• Piece goods sold for making apparel at home;
• Marked manufacturers' remnants of up to 10 yards when the fiber content is not known and cannot be determined easily; and
• trim up to five inches wide

Care instructions labels must state what the regular care is and what care is needed for ordinary use. The ASTM Standard D5489-07 symbols are acceptable; those commonly used in Europe are not.

These requirements apply to:

• manufacturers and importers of textile wearing apparel;
• manufacturers and importers of piece goods sold to consumers for making wearing apparel; and
• any person or organization that directs or controls the manufacturing or importing of textile wearing apparel or piece goods for making wearing apparel

These manufacturers and importers must provide complete instructions about regular care for the garment or provide warnings if the garment cannot be cleaned without harm. They must ensure that, if followed, care labeling instructions will cause no substantial harm to the product. The labels must also warn consumers about certain procedures that the customer might assume to be consistent with the instructions on the label, but that would harm the product.

Additional Considerations

Depending on the nature of claims made or the goods, there may be additional labeling requirements.

Only products made directly from bamboo fiber can be labeled as bamboo. Such products include market clothing, linens, or other textile products.

Businesses that make environmental claims in ads or on products are subject to additional requirements.

Footwear, for example, must be labeled with the composition of the upper, the lining and sock, and the outer sole, but only if the material is not authentic leather and only if it looks like leather..

For information on labeling leather and imitation leather products, such as footwear and travel goods, see the FTC Guides for Select Leather and Imitation Leather Products. Imported products must be labeled with the country of origin in a permanent manner. See the FTC Made in USA Policy Statement, to claim "Made in the USA". Products made of wool or fur are subject to disclosure under the following, respectively: Wool Products Labeling Act and Fur Products Labeling Act

Legal Authorities

Within the US national government, there are a number of different agencies responsible to regulate and enforce international trade law, including with respect to labels:

• US Department of Commerce, International Trade Administration, Office Of Textiles And Apparel (OTEXA), enforces international trade with the United States;
• US Customs and Border Protection (CBP) inspects good exported to the United States; and
• Federal Trade Commission (FTC), Division of Enforcement, Textile Section, enforces labeling laws and acts in the United States.

These agencies have websites and publications that provide useful guidance re labeling.

For More Information

The authors are proud supporters of the international trade promotion mission of Ho Chi Minh City’s International Trade Promotion Council. The authors invite you to contact them directly for assistance. 

Mr. Ke Diep is the President of Asia Golden Link Inc., a US business consulting firm that guides both American and Vietnamese companies interested in doing business in both countries. He may be contacted at Kedq@asiagoldenlink.com or telephone/Zalo at +84913703162 and in the US at +18186684942.