UK sellers coping with new CPSC laws in USA

[Former_Member]

I am interested to know how the new laws in USA on toys and items relating to children's clothing will affect makers in the UK. Will you adapt or stop selling to the USA altogether.

[blueshedcrafts]

I'm still thinking about that myself. I don't want to stop selling to the USA as the majority of my items go to the US. I will either stop making some of my items and introduce 'new' ones...which I need to 'dream up' or learn a new craft. Bummer.

[Former_Member]

It is a worry and we do not have long to sort it out

[Former_Member]

Any other UK sellers?

[Ravenhill]

I am a seller in Norway facing the same issue. Are we allowed to sell on Etsy but just not to the US?

[Former_Member]

Or can you say that your dolls are not for children? Lots of things are very uncertain I think.

[Ravenhill]

from holland, based on what I have read on the law you can't. If it might be considered or seen as being for children then you need to obey the law. I don't dare to.

[Former_Member]

Yes you are ight Raven, but that is so silly, or better STUPID.
You can not sell anything anymore I think, a t-shirt for adults can also be worn by a twelve year old girl, so no more t-shirt, etc. Where does it end. Will I (or my daughter) be able to sell fabrics that can be made into childrens clothes or soft toys?

[Former_Member]

This is the issue everybody is scared of breaking the law but the whole thing is so vast and is being interpreted in different ways. There are a lot of posts in the forum but I am still confused. I think the safest way for me is not to sell to the USA at all.

[Former_Member]

we have the CE laws in Europe already which sound similar in many respects.

I don't make toys...my pieces are labeled as sculpture and not suitable for children to fit in with European law so i think they will be ok under USA law too.

[Former_Member]

But according to Etsy they will not allow anything that is illegal to be sold at their side, so where does that leave us?

[Ravenhill]

Sockcrazyme. That is exactly how I feel, much safer not selling to the US. My mom works at a Waldorf nursery school and they had an article about it in their newsletter. They are worried about not being able to purchase handmade dolls and wooden toys for the children anymore. Plus, shopping locally has really become big in her area this Christmas.

[Former_Member]

side=site of course

[Former_Member]

We have to fit in with the laws.

BUT

There does seem to be a lot of speculation about exactly what their law means...whether it is just toys (I have read that interpretation a few times) or all things for children...

We need clarification...

[Former_Member]

I have just found this in an article

Does the CPSIA envision stuffed animals falling within the scope of the CPSIA’s lead limits or phthalate limits?

Most stuffed animals would be considered to be children’s products and presumably toys. A manufacturer would need to determine whether the design of the stuffed animals is such that it is subject to the lead paint limits, the lead content limits or the phthalate limits.

How would you prove that?

[Former_Member]

Any other thoughts from UK sellers

[Former_Member]

I'm from Canada and going through the same questions. To be on the safe side, I've opted not to sell to the US. But since Etsy is a US based company, do we get eliminated on that basis as well?

[Former_Member]

ahh all this gives me a headache...i don't even understand any of it ahhh!

[Former_Member]

As far as I've seen it refers to US manufacturers and importers - we are NEITHER. We are UK-based exporters (an "importer" needs to be in the country importing, it's the person bringing in the item). Our customers would be the importers and thus taking on the responsibility. That's where things get murky. (and on that note, we all might want to make sure we have product liability insurance)

If our products are not illegal per our country's laws then we're okay on Etsy, per Etsy's TOS.

If anyone knows someone who sells items that are subject to some other US manufacturer/importer laws that they could consult it would probably help. If anyone is a member of ACID, Cockpit Arts, or other craft or business organisation that gives legal advice I'd recommend you get in touch with them too. (often free consultations are included in membership)

[cindylouwho2]

There was just a thread on this yesterday from the Canadian perspective. Based on the current interpretation of the law, you can sell to non-US buyers but not to Americans. You are actually importing to the US if you are actively selling to them. You are the person who is mailing it into the country - the buyer is not purchasing it in the UK (or any other country) then exporting it themselves. There are precedents with California laws on lead - no selling from outside the state to people with in the state.

Plus, US buyers ARE covered by this law - if the item is seized going through customs, they are going to be out of pocket. They may be able to get their money back from you legally if you were knowingly selling to them & breaking the law. They certainly won't be happy

DON'T RISK IT! wait to see if the law is changed, and just keep selling to non-Americans in the meantime

[Former_Member]

bummer. :( Though I still don't see how we can be importers into a country we're not present in. When I buy paint from Dick Blick in the US I'm the importer according to the customs paperwork. When I worked in a gallery and we bought craft items from Europe we were the importers according to the paperwork. So still confused - I think rather than read threads someone really needs to get proper legal advice. Which we probably can't get until the law is enforceable, datewise.

[cindylouwho2]

Is that the US customs paperwork or the UK customs paperwork?
Also, the definition can be different even within the same statute/regulation - that's something people without legal training often miss. Just b/c a gov't says the def'n is "x" somewhere doesn't mean it is "x" everywhere. It happens within the CPSA legislation, in fact - people have been confused by what certain categories mean & have erroneously thought their items were exempt from everything when they were only exempt from a specific requirement.
I know from my work in family law - what is a spouse, a parent, a dependant etc. is remarkably inconsistent even within the same law sometimes.

Anyway, even if the interps I have read from lawyers in this field are wrong, putting it all on the buyer would mean saying "It is illegal for me to sell this in the US - You will take all responsibility for the consequences" in your policies & listings. I'm not sure that looks all that great for your business :)
I also bet that if people are doing this, Americans will be likely to buy from Americans first, especially with their economy. Just another thought

[Former_Member]

This whole thing is giving me a headache. Virtually ALL my customers are in the US. And I love Etsy, I don't want to give it up :-(

[buttonsbyrobin]

There is a fairly long thread about sellers selling "to" the US. I thought you might find it interesting.

http://www.etsy.com/forums_thread.php?thread_id=6210526

[herflyinghorses]

The customer is the importer, not the seller. As long as you are not making items for resale in a U.S market (to be sold in stores) you can continue to sell to the U.S as long as you follow the laws of your own country. The Cpsia is a U.S law and each country has there own set of laws.

http://www.etsy.com/forums_thread.php?thread_id=6210526

Here's the link to the U.S Border and Protection site in regards to international internet sales. http://www.cbp.gov/xp/cgov/trade/basic_trade/internet_purchases.xml