Eurofins Softlines & Leather Monthly Bulletin (September 2022)

EUROPE

New classification of certain goods in the combined nomenclature

On 14 September 2022, the European Commission published the following commission implementing regulation concerning the classification of certain goods in the combined nomenclature:

Reference	Goods	Classification (CN-code)	Reasons
2022/1523	Electric underblanket	6307 90 98	Based on the general appearance of the article and the material of the two outer layers, the article is made of nonwoven man-made fibres (of heading 5603 ), and given that the article cannot be classified under any more specific heading than heading 6307 , it is therefore to be classified under CN code 6307 90 98 as other articles made-up of textile fabrics.
2022/1524	Picnic rug	6306 90 00	The article is designed for outdoor use. It is to be taken to and used temporarily at, for example, camping grounds, the beach, etc. The article is to be classified as other camping articles.

The goods described, in the Annexes, shall be classified within the Combined Nomenclature under the CN code indicated in those Annexes.

Binding tariff information which does not conform with this Regulation may continue to be invoked in accordance with Article 34(9) of Regulation (EU) No 952/2013 until 4 January 2023.

Technical publications regarding textile products

Recent publications by several entities related to textile products:

Date	Entity	Publication
12/09/2022	GINETEX (The international Association for textile care labelling)	Laundry: How washing machine programs affect electricity consumption Publication of a study related to the amount of electricity that is consumed by washing machines in order to establish the appropriate quantitative indicators to reduce energy consumption.
13/09/2022	AFIRM (Apparel and Footwear International Management Group)	AFIRM Restricted substances list version 07 Publication of seventh version of the Restricted substances list.
15/09/2022	ZDHC (Foundation’s Roadmap to Zero Programme)	The update of the ZDHC Manufacturing Restricted Substances List On 1 November 2022, version 3.0 of the ZDHC MRSL will be published. This new version bans certain harmful chemical substances from intentional use in manufacturing facilities that process textile materials, synthetic leather, leather, and trim parts in textiles and footwear. The main updates in this new version are: A restriction on all PFAS substances A limit for aniline in dyestuffs The inclusion of a number of organic solvents.

California passes PFAS regulation of textile products

On 1 September 2022, the State of California passed Bill AB 1817 to regulate PFAS chemicals in textile articles. Beginning 1 January 2025, the new law will prohibit any person from manufacturing, distributing, selling, or offering for sale any new textile articles that contain regulated PFAS, and requires a manufacturer to use the least toxic alternative when removing regulated PFAS in textile articles to comply with these provisions.

The bill will also require a manufacturer to provide persons that offer the product for sale or distribution with a certificate of compliance stating that the textile article is in compliance with the law and does not contain any regulated PFAS.

The new law will not apply to outdoor apparel for severe wet conditions until 1 January 2028. However, beginning 1 January 2025, outdoor apparel for severe wet conditions that contain regulated PFAS must be sold accompanied by a statement “Made with PFAS chemicals,” including for online listings of products for sale.

The following textile articles are excluded:

Any items regulated under the Safer Consumer Products Program

Carpets and rugs
Treatments containing PFAS for use on converted textiles or leathers

A vehicle or its component parts
A vessel or its component parts
Filtration media and filter products used in industrial applications
Textile articles used in or for laboratory analysis and testing
An aircraft or its component parts
Stadium shades or other architectural fabric structures

PFAS or perfluoroalkyl and polyfluoroalkyl substances is defined as a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.

Regulated PFAS is defined as either of the following:

PFAS that is intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product; or
The presence of PFAS in a product or product component at or above the following thresholds, as measured in total organic fluorine:

Beginning 1 January 2025, 100 ppm
Beginning 1 January 2027, 50 ppm

INDIA

India extends compliance date of footwear quality control order

India’s Ministry of Commerce and Industry issued Order S.O. 2599(E) to extend the compliance date of the Footwear Made from Leather and Other Materials (Quality Control) Order. The Order that requires certain footwear products to conform to its corresponding Indian Standard (IS) and bear a Standard Mark under a license from the BIS will now become effective on 1 July 2023. Please see Table 1 below for a list of the applicable IS.

Products	Indian Standard (IS)
Leather safety boots and shoes	IS 1989 (Part 1): 1986 IS 1989 (Part 2): 1986
Canvas shoes rubber Sole	IS 3735: 1996
Canvas boots rubber Sole	IS 3736: 1995
Safety rubber canvas boots for miners	IS 3976:2018
Leather safety footwear having direct moulded rubber sole	IS 11226: 1993
Leather safety footwear with direct moulded polyvinyl chloride (PVC) sole	IS 14544: 1998
Sports footwear	IS 15844: 2010
High ankle tactical boots with PU – Rubber sole	IS 17012: 2018
Anti riot shoes	IS 17037: 2018
Derby shoes	IS 17043: 2018

PRODUCT RECALLS / ALERTS

Below you will find a monthly summary of product recalls and alerts in Europe (Source “RAPEX”) and the U.S. (Source “CPSC”).

Europe

RAPEX (European Commission Rapid Alert System for dangerous non-food products – Alerts reported by EU national authorities)

The following 7 alerts regarding textile & leather products were reported between week 34 and week 37 of 2022.

Type of Risk	Number of alerts	Notes
Chemicals	1	Leather belt The inner layer of the belt contains chromium (VI). The product does not comply with REACH Regulation.
Choking	1	Children's pyjamas The fusible lining of the product can come loose. The product does not comply with the requirements of the General Product Safety Directive.
	1	Children's hat The small decorative elements (stones) can easily be detached from the product. The product does not comply with the requirements of the General Product Safety Directive.
	1	Children's t-shirt The small decorative elements (pebbles) can easily be detached from the product. The product does not comply with the requirements of the General Product Safety Directive.
Injuries	2	Children's trousers The trousers have long decorative cords with free ends that can be tied around the waist. The product does not comply with the requirements of General Product Safety Directive nor with EN 14682.
Strangulation	1	Children's sweatshirt The sweatshirt has drawstrings with free ends in the neck area. The product does not comply with the requirements of General Product Safety Directive nor with EN 14682.

U.S.

From 1 September 2022 to 22 September 2022, the CPSC (Consumer Product Safety Commission) published the following recalls: 1 recall of textile & leather products

Hazard

Number of alerts

Notes

Chemical

Sandals

The inner layer of the recalled sandals contains levels of lead that exceed the federal lead content ban. Lead is toxic if ingested by young children and can cause adverse health issues.