Surveying Importers: „Which Goods Are the Hardest to Clear in Poland?”
If a survey were conducted among importers titled „Which goods are the hardest to clear in Poland?”, textiles would likely garner many votes. Polish customs authorities have tried to prove that nearly every clothing importer undervalued the customs value of their imported goods. In addition, there were stringent requirements for labels in Polish and compliance with the EU’s textile material terminology. The regulations of the European Parliament and Council Regulation (EU) No 1007/2011 of September 27, 2011, on textile names and labeling of the fiber composition of textile products were (and are) strictly enforced in Poland. Compliance with these regulations is checked by customs authorities during the customs declaration verification stage.
For those who don’t want to study the 64-page regulation, here’s a summary:
- Imported textile products must have appropriate labels.
- Labels must include information about the fiber composition of the product.
- Only „approved” names from the cited regulation can be used on labels. For example, „elastane” is approved by the EU, while synonyms like „spandex” or „lycra” are not acceptable.
- Labels must be in Polish (so „cotton” cannot be used, only „bawełna”).
A Break for Footwear Importers
Meanwhile, footwear importers had a moment of respite. Those who did not blatantly undervalue the customs value of imported goods (even well-known companies attempted this) had no major problems with customs clearance.
But not for long…
ISZTAR as the Oracle: Knowing That We Know Nothing
If you use the ISZTAR search engine (https://ext-isztar4.mf.gov.pl/taryfa_celna/), you’ll find no special restrictions under footwear categories. Some trade restrictions with North Korea, luxury goods export controls to Russia and Syria, and that’s about it. Does this mean we have complete freedom in importing these types of goods? Not quite. Polish customs authorities eventually woke up, and in recent months, footwear importers have faced significant challenges.
What Is Footwear According to the EU and How to Label It
In the interest of consumer protection, the EU authorities developed Directive 94/11/EC of the European Parliament and Council of March 23, 1994, on the approximation of the laws, regulations, and administrative provisions of the Member States relating to the labeling of materials used in the main components of footwear for sale to consumers. According to EU regulations, „footwear” refers to all items with a fixed sole, protecting or covering the foot, and includes, among others:
- Flats or high heels
- Sandals
- Boots
- Slippers
- Espadrilles
- Sports shoes (including specialized sports shoes and skates).
To describe the materials from which the footwear is made, you should use the pictograms indicated in EU legal acts or provide written information in Polish.
Labels must describe the materials of three main components of footwear:
- Upper
- Lining and sock
- Outer sole.
Labels should always indicate whether the component is made of:
- Leather
- Coated leather
- Textile
- Other materials.
If a product is not made of at least 80% of one material, the label should indicate the two main materials used.
Labels should be placed on at least one shoe of the pair. They can be printed, glued, embossed on the footwear, or attached to it. The label must be visible, securely attached, and accessible, and the pictograms must be large enough to be readable.
Cancer in Shoes?
On October 12, 2018, the European Commission Regulation amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and Council on the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) concerning certain substances classified as carcinogenic, mutagenic, or toxic to reproduction, categories 1A or 1B was published. This regulation applies to clothing, textile materials in contact with human skin, and footwear. According to the regulation, the limits of certain hazardous substances must not exceed the limits indicated in the following table*:
| Substance | Limit |
|---|---|
| Formaldehyde [50-00-0] | ≤ 75 mg/kg |
| Cadmium and its compounds (Cd) | ≤ 1 mg/kg |
| Arsenic compounds (As) | ≤ 1 mg/kg |
| Lead and its compounds (Pb) | ≤ 1 mg/kg |
| Chromium VI compounds (Cr VI) | ≤ 1 mg/kg |
| … | … |
How Was It With Chromium…
Polish customs authorities have recently shown increased interest in chromium VI, which may potentially be present in imported footwear. Chromium VI is a highly toxic, allergenic, mutagenic, and carcinogenic substance. Chromium III is usually used for tanning leather, and chromium VI can form in tanned leather from chromium III, e.g., through oxidation. Contact with chromium VI can cause allergic contact dermatitis. Chromium VI is not intentionally used in leather tanning, but it can form from chromium III. In imported footwear, the chromium VI content should not exceed 1 mg/kg of the imported product.
Things to Consider…
If customs authorities have doubts about the compliance of imported footwear with EU standards, they suspend the case and request and opinion from the relevant authorities – in this case, the Trade Inspection. Samples are sent to the Customs and Fiscal Laboratory in Przemyśl, which usually takes at least 2-3 weeks to conduct the necessary tests. Depending on the test results and the Trade Inspection’s opinion, the goods are either released for sale or the importer is forced to return or destroy them (at their own expense).
How can and importer protect themselves from the consequences of goods being deemed non-compliant with EU standards? We believe that the EU entrepreneur should require their foreign supplier to provide a declaration that their goods meet all EU standards, including the limits specified in Annex XVII to Regulation (EC) No 1907/2006. This type of clause in the contract is unlikely to help during customs clearance if chromium VI standards are exceeded, but it may increase the chances of obtaining compensation from the supplier in court proceedings.
Jan Woreczko, Customs Specialist, Rusak (Customs Support PL)
The above article provides a brief and incomplete description of the topic. If you are interested in professional support in this area, please contact our specialists (csc@rusak.pl).
