PCNA Compliance

What are the relevant regulations for the products that you import?

PCNA products are designed and tested to meet applicable regulatory requirements for the markets that we serve, the United States and Canada. Applicable agencies with regulations could include Customs & Border Protection, Canada Border Services Agency, Consumer Product Safety Commission, Food & Drug Administration, Federal Communications Commission, Environmental Protection Agency, US Dept of Agriculture, US Fish & Wildlife Service, etc.

Describe the process by which you ensure that the products you sell conform to these regulatory and industry standards.

PCNA has a process that stretches from pre-launch and throughout a product’s lifecycle and includes a review for safety and compliance with applicable regulatory standards, the inspection and testing of finished goods, to verify that compliance is maintained. Many of our products have test reports available through our media gallery. PCNA represents and warrants that the product(s) meet(s) the standards for which they were tested as set forth in such test reports.

Do you use a Restricted Substance List?

Yes, PCNA has adopted the Restricted Substance List (RSL) issued by American Apparel and Footwear Association (AAFA), which can be found here.

This RSL is shared with our vendors as part of our Supplier Manual.

Describe the procedure when one of the products you submit for testing, does not pass some or all of the tests.

Should an item fail testing, we have processes in place that will place goods from the same PO on hold so that they cannot be sold. We then start testing other PO’s and evaluate like items to discover the extent of the problem. If necessary, a procedure exists to issue a recall of applicable goods that had been sold.

How do you determine when a product was manufactured?

PCNA’s products are marked with a PO# which allows us to determine the manufacturer and date of manufacture.

Are origin markings such as “Made in China” able to be removed from items?

No, Federal regulations prohibit the removal of these markings (19 U.S.C. 1304). All PCNA items are marked with the country of origin.

Can PCNA provide a tariff classification or HTS code?

The PCNA customer service team can provide this information.

PCNA will provide a U.S. or Canadian tariff classification as opinion only based upon PCNA’s interpretation of the commodity and relevant information as it pertains solely to PCNA. The classification may be subject to change and should therefore not be regarded as conclusive, nor relied upon. PCNA makes no express or implied representation or warranty, including any representation or warranty as to the accuracy or completeness of any information regarding tariff classification. PCNA urges requestors of a tariff classification to conduct their own independent investigation, review and analysis of the appropriate tariff classification. PCNA is not responsible for and assumes no liability or responsibility for any customs duties, taxes, interest, penalties or any other amount which might be assessed for losses, damages, expenses, claims and actions of any kind whatsoever, and by requesting and receiving a above tariff classification, the requestor hereby releases PCNA, its affiliates and their respective employees from any and all liability, losses, causes of action, claims, demands, rights, damages, or obligations, relating to or arising out of the provided tariff classification. If in disagreement or unsure of the appropriate tariff classification PCNA encourages you to contact a customs broker, freight forwarder, or a trade consultant.

Can the PCNA compliance team send me the Manufacturer Identification Code (MID) for an item?

Yes, we can provide this upon request.

Can the PCNA compliance team provide the Hazard Class for an item?

We can provide an SDS where applicable. However, PCNA is not responsible for and assumes no liability or responsibility for any shipment (to which we are not a party) that is declared inaccurately or incorrectly.

Can the PCNA compliance team send me a TSCA form/declaration for an item?

No, the PCNA compliance team does not provide TSCA forms. The PCNA compliance team cannot sign documentation for shipments to which we are not a party. Customers can create their own declaration or download the form from the FedEx website.

While the PCNA compliance team is able to provide certain documents (i.e. test reports). The TSCA declaration is something that someone who is a party to the shipment (i.e. the importer) needs to provide and include their signature.

Do PCNA items require or have Prop 65 Warning labels?

It is our intent to design items that do not require a Prop 65 Warning label and we do not intentionally add chemicals that might require a warning. In fact, very few of our items require this additional labeling. For more information on Prop 65, see the Legal Requirements for California FAQ.

Do PCNA drinkware and food contact items contain BPA?

In order to provide the most premium in product selection, we’ve built in the use of BPA free materials and BPA free resins into our manufacturing specification for drinkware and food contact items. Currently, all drinkware and food contact items in our line are manufactured from a selection FDA tested, BPA free plastics and resins.

What is your position on PFAS?

Regarding Per- and Polyfluoroalkyl Substances (PFAS), we employ an extensive restricted substance list, which includes all PFAS and calls out some specific subgroups: PFOS, PFOA, PFCA, and PFHxS and related substances. Our vendors are required to abide by this RSL.

PCNA is currently assessing our existing products using a 3rd party total Fluorine method. We monitor regulations around this topic and will comply with the upcoming regulations and bans.

Specific questions related to these policies and procedures may be directed to our Compliance Department.

Does PCNA test inks and surface coatings?

The PCNA Compliance team partners closely with our engineering department to ensure that we maintain a current list of various coatings and inks used for decoration and that each one is tested on an annual basis.

Can the PCNA compliance team provide details on recycled materials or recycled certifications or product claims?

Our team works with our suppliers to secure supporting documentation for any recycled or environmental claims related to our products.

Can the PCNA compliance team provide details on emissions, air quality, water usage, etc?

PCNA does track environmental impact and details of this nature, however, this is not in the compliance team’s area of responsibility, details of this nature can be provided by our EHS team: [email protected]

Who do I ask about PCNA’s carbon footprint?

[email protected] monitors this and can answer your questions.

Who do I ask about PCNA’s sustainability efforts?

[email protected]

Please read our social responsibility and ethics letter for more details on our business practices.

How often do you audit the manufacturing factories you source from and what standards do you audit against?

Polyconcept personnel visit factories periodically throughout the year. We employ an in-house factory audit team and strive to have all our vendors audited on social compliance by a 3rd party, to standards including BSCI, SMETA, SA8000, or WRAP. We also have a process for finished goods to undergo a QA inspection prior to export to the US. In addition to our internal audit team, we also secure 3rd party audits for this same pool of factories.

When conducting factory audits, do you also audit for child safety labor laws?

Yes, this is a key component in our Code of Conduct that our factories must abide by.

Does PCNA source from the Xinjiang Uygur Autonomous Region (XUAR)?

PCNA has a zero-tolerance policy toward human rights violations, child or forced labor. Each of our suppliers is required to review and sign the code of conduct prior to PO placement.

With regard to The Uyghur Forced Labor Prevention Act (UFLPA) specifically (which is a United States federal law related to sourcing activity from China's Xinjiang Uyghur Autonomous Region with the goal of ensuring that American entities are not funding forced labor among ethnic minorities), PCNA does not support the use of forced labor within the supply chain and our suppliers are required to provide documentation with each shipment so that we can vet the source of any cotton used in production of apparel.

Do you audit US decoration facilities?

PCNA audits our decoration facilities to the SMETA 4–Pillar standard.

Canada Bill S-211 Compliance

Reports pertaining to Canada Bill S-211 – the Fighting Against Forced Labour and Child Labour in Supply Chains Act can be downloaded here:

Can PCNA items be shipped worldwide? Do PCNA products meet regulatory standards in other countries?

PCNA compliance or import teams will do what we can to support customer requests related to international trade. However, we do not provide trade consulting services.

PCNA products are designed and tested to meet applicable regulatory requirements for the markets that we serve, the United States and Canada. The PCNA compliance team can provide copies of supporting documentation that we have secured for those markets upon request.

If you are unsure of the appropriate documentation needed for your country of destination or customs authority, PCNA encourages you to contact a customs broker, freight forwarder, or a trade consultant.

If you (or a freight forwarder you so designate) have a U.S. address, purchase goods from PCNA to be shipped to a U.S. location, and then subsequently export these goods, you or the designated freight forwarder are considered the exporter of these goods. You or the designated freight forwarder are responsible for compliance with all export and import regulations, including all U.S. export regulations and the import regulations of the destination country.

What are the relevant regulations for the products that you import?

PCNA products are designed and tested to meet applicable regulatory requirements for the markets that we serve, the United States and Canada. Applicable agencies with regulations could include Customs & Border Protection, Canada Border Services Agency, Consumer Product Safety Commission, Food & Drug Administration, Federal Communications Commission, Environmental Protection Agency, US Dept of Agriculture, US Fish & Wildlife Service, etc.

Can PCNA provide the country of origin for an item?

Under 19 CFR 134.11 all PCNA items are marked with the country of origin. The PCNA customer service team can also provide this information if needed.

Can PCNA provide a tariff classification or HTS code?

The PCNA customer service team can provide this information.

PCNA will provide a U.S. or Canadian tariff classification as opinion only based upon PCNA’s interpretation of the commodity and relevant information as it pertains solely to PCNA. The classification may be subject to change and should therefore not be regarded as conclusive, nor relied upon. PCNA makes no express or implied representation or warranty, including any representation or warranty as to the accuracy or completeness of any information regarding tariff classification. PCNA urges requestors of a tariff classification to conduct their own independent investigation, review and analysis of the appropriate tariff classification. PCNA is not responsible for and assumes no liability or responsibility for any customs duties, taxes, interest, penalties or any other amount which might be assessed for losses, damages, expenses, claims and actions of any kind whatsoever, and by requesting and receiving a above tariff classification, the requestor hereby releases PCNA, its affiliates and their respective employees from any and all liability, losses, causes of action, claims, demands, rights, damages, or obligations, relating to or arising out of the provided tariff classification. If in disagreement or unsure of the appropriate tariff classification PCNA encourages you to contact a customs broker, freight forwarder, or a trade consultant.

Are origin markings such as “Made in China” able to be removed from items?

No, Federal regulations prohibit the removal of these markings (19 U.S.C. 1304). All PCNA items are marked with the country of origin.

Can you provide other Certificate of Origin documents when a distributor or end-user later shipping items abroad?

No, Certificate of Origin (COO) documents must be completed by the party actually exporting the goods. There are only a handful of countries that require Certificate of Origin documents. There are generic COO docs available to be filled out. Typically, they must also be notarized by an authorized Chamber of Commerce. PCNA products are marked with the appropriate country of origin.

Does PCNA source from the Xinjiang Uygur Autonomous Region (XUAR)?

PCNA actively audits our supply chain both with internal as well as 3rd party audits (BSCI, SMETA, etc.) and builds corrective action plans for continuous improvement. We have a zero-tolerance policy toward human rights violations, child or forced labor and I’ve attached a copy of our code of conduct for your reference. Each of our suppliers is required to review and sign the code of conduct prior to PO placement.

With regard to The Uyghur Forced Labor Prevention Act (UFLPA) specifically, PCNA does not support the use of forced labor within the supply chain and our suppliers are required to provide documentation with each shipments so that we can vet the source of any cotton used in production of apparel.

Product Safety Statement Concerning Polyconcept North America (PCNA) Products and California Proposition 65 Chemicals:

PCNA's products meet all applicable federal safety and warning requirements as enforced by the U.S. Food and Drug Administration, the Consumer Product Safety Commission, and the Federal Communications Commission. PCNA's products that are shipped to California are also subject to Proposition 65, otherwise known as the Safe Drinking Water and Toxic Enforcement Act of 1986. Proposition 65 requires consumer product warnings for products shipped to California that contain chemicals known to the state of California to include carcinogens or reproductive toxins unless such chemicals are present below established Safe Harbor Levels or are shown to be present in unharmful concentrations.

PCNA employs an extensive restricted substance list, which includes the chemicals listed under Prop 65 and our products do not contain intentionally added Prop 65 chemicals. Decorating and printing inks used on PCNA's products that are decorated in the USA have been tested and do not contain chemicals at concentrations that would require a Proposition 65 warning label. Safe Harbor Level limits have not been fully established by Proposition 65 for all materials used in PCNA's products.

Very few of the items we offer require this warning label, those do will have a warning posted on the item page of our website that links to this statement.

Specific questions related to California’s Proposition 65 may be directed to our Compliance Department by emailing [email protected]

PCNA is committed to conducting its business affairs in a socially responsible and ethical manner consistent with all applicable national and local legal requirements, customs, and published industry standards pertaining to employment and manufacturing.

In accordance with the Consumer Product Safety Commission requirements effective February 8th 2013 (16 CFR 1107.24), PCNA ensures that our employees who are involved in our testing program, receive training to deter and prevent undue influence that could yield favorable testing results from a third party testing lab.

We ensure that such employees are trained and familiar with what actions or statements could be considered ‘undue influence’ and strictly prohibit any action or statement that undermines the credibility and validity our testing process.

Specific questions related to undue influence may be directed to our Compliance Department by emailing [email protected]

It is the policy of Polyconcept North America companies (“PCNA”) to support and comply with the requirements of the U.S. Customs and Border Protection (CBP) CTPAT program.

CTPAT stands for the United States Customs Trade Partnership Against Terrorism and is a voluntary joint government-business initiative to “strengthen international supply chains and improve United States border security.” U.S. Customs and Border Protection (CBP) requires that businesses ensure the integrity of their security practices and communicate their security guidelines to their business partners within the supply chain. CTPAT offers businesses an opportunity to play a major role in the war against terrorism and ensure a more secure supply chain for their employees, suppliers, and customers.

In support of CTPAT, PCNA companies strive to:

• Implement, follow, and maintain policies, procedures and practices that are consistent with the CTPAT Importer Security Criteria.
• Cooperate with CBP and other law enforcement agencies in their efforts to ensure the security of the supply chain.
• Devote sufficient resources to ensure its supply chain security program is effectively implemented and maintained.
• Meet the recommended business and security practices.
• Assist in the worldwide campaign to stop terrorism and other illegal activities.
• Provide security guidelines or training for PCNA employees, contractors, service providers, and others associated with the company.
• Provide a safe environment for our employees, customers, vendors, and other visitors.
• Investigate any situation or significant event which may be related to a breach in cargo security or any CTPAT criteria and notify the proper authorities.
• Review, revise, and update security policies and procedures on a regular basis, or as needed.

For general questions please contact your account rep, account service team, or visit our help page.

For compliance-specific questions please review the information above or contact our compliance department directly: [email protected]