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What do i need to know before importing products from china ? I want to import children clothing to the USA

York, PA |

Other than trademarks / copyrighted material can i import children clothing and resell it in the USA ? Say it just has a picture of a plain penguin on it for example

Attorney Answers 4


You will need to comply with U.S. import/export laws and regulations. You should consult with an attorney who specializes in import/export laws. In addition, you will need to be careful of dyes and other products used in the clothing and be sure that the clothing complies with all U.S. laws of anti-flammability, etc. This is a complex question and not one that can easily be answered on Avvo. You should consult with an attorney that has an expertise in this area.

This response does not create an attorney-client relationship and is not intended to provide legal advice for your specific situation.

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Ms. Lanard is absolutely correct. There are numerous regulatory issues that need to be addressed when importing products from China. Although this matter is too complicated to be addressed with an answer on Avvo, you may be able to use this site to locate a lawyer who specializes in import/export issues to advise you in this matter.

Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances.

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My colleagues are on point. There are importing issues and custom regulations to comply with and only to begin with. In addition, there are also contractual issues, corporate and tax issues for doing business in the US. My recommendation is to work with an international firm. Best and good luck.

This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

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Dear York, PA,

The simply answer is “YES.” You can import clothes from China and sell them here. Companies do this every day. I agree with my colleagues that the process—given so little information—would be lengthy to detail here.

So let me get you started. First, did you do your due diligence on the company from which you plan to import? If not, do so.

Second, ask for a list of the components, dyes, fabrics, thread, etc. used to make each piece of clothing. In this way if one item is tainted, but another isn’t you can simply exclude the tainted item from your order. Also, find out the origin of the insignia, if any, and from where the rights to the image were derived.

Third, check with customs and your importer for restrictions on any components, AND for the import duties. Also, you should know your total costs BEFORE you place your first order.

Fourth, check the trademarks that the company tells you they have. Veridy their ownerhsip and sources before importing.

Fifth--this is where it gets tricky—carefully plan the financing and delivery. Shipping, delivery, acceptance of goods and the payment of goods all go hand in hand in imports and exports. Letters of credit can hurt you if you are not well versed in what is critical, what to look for and how to negotiate and manage them. You want to have the goods delivered to your port and inspected by you BEFORE your credit, funds or letter of credit are drawn down. There is so much more to this, o educate yourself well or hire experts.

Sixth, the Chinese are notorious for making the first shipment good and later shipments more defective or varying from the order. Be aware.

Find a professional that you trust to help you get started. Hopefully this helped you along the way.

GOOD LUCK! If I can be of assistance, please contact me at (not “.com”)

DISCLAIMER This response is not intended as legal advice since the exact details, agreements and such would have to be known to provide actual legal advice. An attorney should be consulted with all of this information before relying on any legal thoughts. Pursuant to Circular 230 issued by the United States Treasury Department and relating to practice before the Internal Revenue Service, any comment or opinion in this communication relating to a federal tax issue is not intended to be used, and cannot be used, by a taxpayer for the purpose of avoiding tax-related penalties that may be imposed on the taxpayer.

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