Import Vendor Manual for General Merchandise 1 TABLE OF CONTENTS Contact Information 1. Customer…………………………………………………………………………………..4 2. Notify Party……………………………………………………………………………......4 3. UPS Origin………………………………………………………………………………...4 4. International Logistics Team……………………………………………………………....4 Vendors Exporting Procedures 1. Carton Marking Requirements…………………………………………………..….5-13 2. Cargo Booking with UPS Ocean Shipments……………………………………………………………...14&15 A. Cargo Booking Requirements B. Cargo Delivery Requirements Air Shipments………………………………………………………………….….15 3. Documentation & Requirements a) Commercial Documents……….16 k) Requirements for Composite Fiberboard Product-carb (if applicable)…...........................21 b) Commercial Invoice Requirement……………………...16 l) Register Required for Pesticide (if applicable) ………………………………….......................21 c) Commercial Documents Submission Deadline…………….16 d) Importer Security Filing (ISF/10+2) ……………………….17 e) Requirements on Social Compliance………………………18 m) Warning Label Requirements on Toxins Chemicals Contained Product (if applicable)…22 n) Register Required for Bedding, Upholstered Furniture, Stuffed Toys, etc (if applicable)……22 f) Requirements on C-TPAT…....19 o) Requirements for Plant and Fish & Wildlife Products (if applicable)…………………...23&24 g) Buying/Selling Agent………19 p) USC Classification Forms (if applicable)…..25 h) General Certificate of Conformity Requirements…………..………...20 q) Additional Requirements/Clauses (if applicable) i) Requirements on Uniform Law Labels for Stuffed Articles……….19 j) Requirements for Wood Packing Material (WPM)………...21 1. Caution Label—Candles……………………26 2. Caution Label—Dishwasher and Microwave Appropriateness……………………………….26 3. Caution Label—not for Food Use…………..26 2 4. Caution Label—Seasonal Plush Decoration Only……………………………………………26 5. Certificate of Ingredients and Packing (For Foodstuff)……………………………………...26 4. Payment & Charges 1) Kroger Import Purchase Order(s) 6. Children’s Costumes Only………………….26 7. Caution Label—Plastic Bag Warning………27 Payment Terms……………………………….32 8. Clocks………………………………………27 2) Non-Compliance Charges Backs…………...32 9. Certificate of Origin NAFTA used for Mexico………………………………………...27 3) General Information & Instructions for the 10. Candles…………………………………….27 Letter of Credit………………………….33 -36 11. Candle Holders…………………………….28 12. Cosmetics Use W/FDA Certification--Very Important!!!........................................................28 13. Dishes……………………………………...29 14. Dog or Cat Fur on Textiles………………..29 15. FDA-Ceramic Eating Ware, Aluminum Cookware……………………………………...29 16. FCC, Accession— (Radio Waves, Lazer Emissions)……………………………………..29 17. Foam (Bikes, Cushions, Lawn Furniture, etc)……………………………………………..29 18. Free of Charge Goods (Display Sample)….29 19. Hazardous Materials (batteries, aerosols, chemicals, are generally considered a hazardous material) ………………………………………30 20. Mirrors (Use Basic Template) …………….30 21. Kiln Dried Certificate (Real Tree Parts) Alpine XMAS Trees…………………………..30 22. Qualified Industrial Zone Program (QIZ) for Basic Apparel/Soft Goods……………………..30 23. Underwriter’s Laboratory “UL” or Electro Technical Laboratory “ETL”— Electrical Items Clause…………………………………………31 24. State of Utah: Upholstered Furniture, Bedding, and Quilted Clothing………………..31 Hyperlinks 1. General Conformity Certificate 2013.doc Please go to http://www.thekrogerco.com/vendorssuppliers/import-vendors 2. CPSIA Overview and Important Points.doc Please go to http://www.thekrogerco.com/docs/vendorssuppliers-documents/cpsia-overview-andimportant-points.docx?sfvrsn=0 3. IM Washington State Law 13.doc Please go to http://www.thekrogerco.com/docs/importvendors/im-washington-state-law13.docx?sfvrsn=0 4. Letter of Credit instructions and examples of compliant documents (pending) 25. U.S. Department of Transportation Declaration (Trailers, etc. with Hitches)………31 26. Wicker or Rattan Baskets & Other………..31 3 Contacts 1. Customer 2. Notify Party Fred Meyer, Inc. dba Kroger Geo. S. Bush & Co., Inc. nd 3800 SE 22 Avenue 825 N. E. Multnomah St. Portland, OR, 97202 Suite 910 U.S.A Portland, OR. 97232 U.S.A. Telephone: (503)228.6501 Facsimile: (503)273.0432 Email: kroger@geosbush.com 3. UPS Origin Please go to, http://www.thekrogerco.com/docs/import-vendors/ups-origin-contacts.xls?sfvrsn=2 4. International Logistics Team Title Director International Logistics International Logistics Manager International Logistics Support International Logistics Support International Logistics Support International Logistics Support UPS Supplier Management Bank of America Supply Chain Partner Name Dennis Gallacher Jordan Fife Sarah Blood Barb Conery Jenny Ogbonnah Melissa Cisewski Whitney Alexander Barbara Ursua-Green Contacts +1 (503)797-7944 dennis.gallacher@kroger.com +1 (503)797-5491 Jordan.fife@kroger.com +1 (503)797-7182 sarah.blood@fredmeyer.com +1 (503)557-2527 barbara.conery@fredmeyer.com +1 (503)797-3813 jennifer.ogbonnah@fredmeyer.com +1 (503)797-7196 melissa.cisewski@fredmeyer.com +1 (503)797-3986 whitneyalexander@ups.com +1 (503)797-3504 barbara.ursua-green@fredmeyer.com 4 THE KROGER COMPANY CARTON MARKING REQUIREMENTS PACKING LIST is required per PO. ALL FOUR SIDES – (Both Short and Long Sides of Carton) Purchase Order Number Select Corresponding Identifiers: Item description: Gross Weight (lbs): Net Weight (lbs): Carton Measurement (inches): GTIN # UPC Code: Quantity: Made In: TOP AND BOTTOM OF CARTON INNER PACK MARKING *No Carton Marking Here Item Description Style / Stock # GTIN # UPC Quantity: Made in: Country of Origin The Kroger Company PURCHASE ORDER # FM SKU: Kroger PLN: Ralph’s KLN: Item Description: Dog Bowl Gross Weight: 18 lbs Net Weight: 15.4 lbs Measurement: H-19.25"/W-10.25"/D-18.75" 14 digit number UPC Code: 730384-452811 Quantity: 8 pcs Made In China *(Unless going to Chehalis DC – then a SCORS label can be placed here) Item Description: Dog Bowl Style #: 45281 14 digit number UPC Code: 730384-452811 Quantity: 4 pcs Made in China 5 Kroger Company Marking Instructions: Packing list is required for each purchase order. LONG & SHORT SIDES OF THE CARTON: This will be a duplicated label placed on both LONG & SHORT sides of the carton. 1. Label must always have company name listed (The Kroger Company). 2. Purchase Order number 3. Select Corresponding Identifiers – FM SKU, Kroger PLN or Ralph’s KLN 4. Item description: It is now required that all carton labels must now include item description. Please note that a $1,000.00 will be assessed for non-compliance. 5. Gross Weight (lbs): Total amount of carton weight 6. Net Weight (lbs): Total amount of product without the outside carton, blister package or additional packaging. 7. Carton Measurement (inches): Dimensions of this particular carton. 8. GTIN # 9. UPC # 10. Quantity included inside carton 11. Made in: (Country of Origin). Seasonal code (if applicable: EXAMPLE i.e. A, F, H) should be posted in the upper right hand corner of the long side of the carton. This information is usually listed in the FM-PO comment screen. Not applicable for all POs or buying departments. If any questions, check with your buyer contact). TOP/BOTTOM OF CARTON: If PO is shipped to Chehalis, WA, Integra Trim carton barcode may be required. IF CARTON CONTAINS AN INNER PACK please include an inner carton label of the following information. Placement should be duplicated on the long sides of the carton. 1. 2. 3. 4. 5. 6. Item description Style/Stock number GTIN # (14 digit number) UPC Code – 12 digit number Quantity Made in: (Country of Origin) CARTON BARCODE REQUIREMENTS: ONLY Pertains to PO’s sent to Chehalis, WA. DC Placement for the carton barcode: UPC barcode should be placed on the long side or top of carton to improve the read rate through SCORS. Please ensure that the barcode is completely flat & isn’t placed across the seam of the flap. This can make the barcode unreadable at conveyor speed. Barcode height minimum: Barcode width minimum: Narrow bar width: Wide bar minimum: Quiet Zone: .75” 1.6” 15 mils 30 - 45 mils minimum 3 X widest bar The Integra Trim label accommodates 12 digits, which can either be your customer UPC (same as the product) or a special version of your Fred Meyer SKU. Example would be where you add 4 leading zeroes to the 8-digit SKU and make 12 digits. 6 If carton contains inner packs, do not place barcode on outside master. Placement would be on the inner packs only. Outer carton markings include import order shipping mark and reference “SCORS MASTER”. This can be a label or a felt marker. If master carton actually contains a single SET SKU then you would place on the outside of case rather than the inner carton. If multiple SET SKU’s are contained within a master carton, label as you would an inner pack. Integra Trim carton barcode is NOT NEEDED when being shipped to Chehalis, WA when the master carton is over 75 pounds or under 2 lbs or if it is a very large size, as product will not be processed via the conveyor. You can email an attachment or fax a sample of your UPC barcode to Betty Booher or Victoria Smith for warehouse approval. Betty Booher: Betty.Booher@fredmeyer.com Ph 503-797-3325 Vicki Smith:Victoria.Smith@fredmeyer.com Ph 503-797-7611 /Fax: 503-797-3810 Integra Trim contact: Heather Grant Account Manager 2420 Sandcreek Road Suite 1, #212 Brentwood, CA 94513 (925) 577-0271 heatherg@integratrim.com Integra Trim Hong Kong Pre-approved Barcode Label PO number does not need to be barcoded. It may be printed, (human-readable). UPC/SKU barcode must be 12 digits long. Use consumer UPC or Fred Meyer 8 digit SKU number with 4 leading zero's. Barcode minimum: 1.6"W by .75"H Narrow Bar minimum: 15 mils Wide Bar minimum: 30 - 45 mils Quiet Zone minimum: 3 times the width of widest bar 7 DIRECT TO FLOOR DISPLAY CARTON If carton shipped is the actual carton that is taken direct to the sales floor, you will not label as you would a master carton that is discarded in the stock room. In this situation you need two carton markings EACH. Placement would be on the back of carton and the side of carton. If carton is very thin but has large front, carton marking placement for label could be on the back of the carton. Never place label on the front of carton. Do not label over any picture of product, listed features or selling points. Front & Side of Box Back Of Box Back of Box Side of Box The Kroger Company Purchase Order # Identifiers: Item Description: Gross Weight: Net Weight: Carton Measurements: GTIN # UPC Codes: Quantity: Made In: 8 PALLET CARTON LABELS Two duplicate labels are required for pallets. Placement is on the opposite sides of the pallet. This label would include the vendor name and address and SHIP TO name and address. Directly below is the purchase order number. The same information should be on both labels. Minimum label size requirement would be 8” X 11”. FROM: COURTYARD CREATIONS 3RD Floor No. 219-1 Chien Kwo Road, Hsin Tien Taipei Hsien, Taiwan TO: The Kroger Company Purchase Order # Select Corresponding Identifiers: Fred Meyer SKUs Kroger PLNs Ralph’s KLNs PALLET A 2009 Packing list is required per purchase order. It is helpful if there is an orange label that shows MASTER CARTON. Each carton that is included in the PALLET needs to be labeled just as an inner pack. Placement should be on the long side of the carton. Identifiers Item description GTIN # UPC # Size (if applicable) Quantity Carton Measurement Made in: Country of Origin Individual carton would be labeled as follows: 1 2 3 4 5 6 7 8 Identifiers: GTIN # UPC # Item Description: Size: (if applicable) Quantity: Carton Measurement: Made in: Country of Origin Identifiers: 14 digits 041226-05483 Item Description: Aspen Chairs Size: (if applicable) Quantity: 4 pieces. Measurement: H-83.86" / W- 43.31" / D- 51.57" Made in China 9 THE KROGER COMPANY CARTON MARKING REQUIREMENTS FOR SHOES: PACKING LIST: Required per purchase order. 1 2 3 4 5 6 7 8 ALL FOUR SIDES – (Both Short and Both Long Sides of Carton) Description↓ Example↓ Consignee The Kroger Company Purchase Order number 45077221 FM SKU: Select Corresponding Identifiers: Kroger PLN: Ralph’s KLN: Item Description: Leslie Wedge Shoe (Kroger Only) 14 digit GTIN # 10041226737841 UPC# 041226737844 "Made in" (Country of Origin): Made in China Style / Stock #: KG15697 Print / Color: (If applicable) Color: Black Size Run 6 7 8 9 10 Pairs 1 4 4 2 1 Quantity: Quantity: 12 pairs Gross Weight: Gross Weight: 26.4 lbs Net Weight: Net Weight: 21.7 lbs Carton Measurement: Measurement: H-22.64" / W-18.5" / D-10.24" TOP/BOTTOM OF CARTON 16 No label here except SCORS label if PO is shipped to Chehalis WA Barcode would include SKU # Barcode is only needed for Fred Meyer POs 10 The Kroger Company Marking Instructions For Footwear: Packing list is required per purchase order. Long sides & Short sides of carton: This will be a duplicated label placed on both sides of the long sides and short sides of carton. 1. The Kroger Company 2. Purchase Order # 3. Select Identifiers 4. Item description: now required on all carton labels. Please note that a penalty fee will be assessed for non-compliance. 5. Gross Weight (lbs): Total amount of carton weight 6. Net Weight (lbs): Total amount of product without outside carton, blister package, or additional packaging. 7. Carton Measurement (inches): Dimensions of this particular carton 8. GTIN # 9. UPC 10. Quantity included in carton 11. Pairs: Must list number of pairs per size 12. Must Include Size Run: Full Size with dash indicating ½ size 13. Print/Color: 14. Made in: (Country of origin). Top/Bottom of carton. No label placement here accept barcode if PO is shipped to Chehalis, WA. CARTON BARCODE REQUIREMENTS: ONLY Pertains to PO’s sent to Chehalis, WA. DC Placement for the carton barcode: UPC barcode should be placed on the top of carton to improve the read rate through SCORS. Please ensure that the barcode is completely flat & isn’t placed across the seam of the flap. This can make the barcode unreadable at conveyor speed. Barcode height minimum: Barcode width minimum: Narrow bar width: Wide bar minimum: Quiet Zone: .75” 1.6” 15 mils 30 - 45 mils minimum 3 X widest bar The Integra Trim label accommodates 12 digits, which can either be your customer UPC (same as the product) or a special version of your Fred Meyer SKU. Example would be where you add 4 leading zeroes to the 8-digit SKU and make 12 digits. 11 The Kroger Company OUTDOOR/INDOOR FURNITURE Carton Markings Requirements: PACKING LIST is required per purchase order. DIRECT TO FLOOR Display Model: WITH LITHO LABEL 1 LONG SIDE OF CARTON Side # 1 WITH LITHO LABEL NO CARTON MARKINGS WITH LITHO LABEL OPPOSITE LONG SIDE OF CARTON List all information below: 2 Kroger Company Purchase Order # 3 Select Corresponding Identifiers: 4 Item Description Purchase Order # FM SKU: Kroger PLN: Ralph’s KLN: Item Description: Corsica 42” Steel Table Gross Weight (LBS) Gross Weight: 25 LBS 6 Net Weight (LBS) Carton Measurement (Inches) Net Weight: 22.2 LBS Carton Measurement: H-66.5”, W- 4.5”, D-42” 7 GTIN # 8 UPC# 9 Made in: Country of Origin 5 10 ON ADDITIONAL 4 SIDES SHOW THIS INFO Top, Bottom & both short carton ends 11 Select Corresponding Identifiers: 12 Item Description 13 Print / Color (If applicable) 14 Quantity: 15 GTIN # 16 UPC # 14 digits UPC# 608474-209327 Made in China List all information below: FM SKU: Kroger PLN: Ralph’s KLN: Item Description: Corsica 42” Steel Table Color: Black Quantity: 1 each 14 digits UPC # 608474-209327 12 If product has 2 Litho labels on carton, please do not add any additional printed markings on that side. The Litho labels should always stand alone. One on the front or long side of carton and One on an end side of carton If master carton is actually contains a single SET SKU then you would place on the outside of case rather than the inner carton. If multiple SET SKU’s are contained within a master carton, label as you would an inner pack. Integra Trim carton barcode is NOT NEEDED when being shipped to Chehalis, WA when the master carton is over 75 pounds or under 2 lbs or if it is a very large size, as product will not be processed via the conveyor. You can email an attachment or fax a sample of your UPC barcode to Kyla Galbraith for warehouse approval. Kyla Galbraith: mailto:kyla.galbraith@kroger.com Ph: 503-797-7611 Integra Trim contact: www.integratrim.com Heather Grant - Account Manager 2420 Sandcreek Road Suite 1, #212 Brentwood, CA 94513 (925) 577-0271 heatherg@integratrim.com 13 Cargo Booking with UPS B. Cargo delivery Requirements: FCL LCL Vendors A. Cargo booking Requirements: UPS load CFS/CFS a) Shipping Order per Purchase Order. UPS load CFS/DOOR Bookings must UPS/CFS before delivering cargo to UPS/CFS A) For all deliveries, vendors may contact UPS Origin’s operations representatives to arrange trucking and customs clearance if needed. before delivering cargo to UPS/CFS be made at least Vendor load ten (10) CY/DOOR calendar days CY before delivering goods to CY Vendor loading guideline: Cargo must be evenly distributed inside the container Equipment used is subject to carrier equipment availability Overflow cargo should be delivered to UPS-SCS CFS for consolidation b) Bookings require the following typed information: 1. Shipper/Consignee/Notify Party name and address 2. Port of loading/Port of discharge/Final destination 3. Fred Meyer Purchase Order number and SKU number 4. Shipping mark and detailed description of the goods 5. Quantity / Cartons / CBM / KGS per SKU number 6. Expected cargo delivery date 7. Local company contact information including telephone number, fax number, contact person, email address, etc. B) For CY cargo deliveries 1. Shipping Instructions (SI) should be submitted to UPS before SI cutoff time which is listed on the carrier Shipping Order. Please use the SI form which is provided by UPS origin office. If the SI cutoff time cannot be met, vendor’s container cannot be loaded on planned vessel and all the charges should be charged on vendor’s account. Ocean Shipment ~ 2. Cargo will be accepted if achieve the utilization minimum (P17 chart2):~ 14 NOTE: Containers which are unevenly loaded to the extent that they are in violation of U.S. highway limitations shall be considered overweight even if their total weight falls within the weight limits indicated below. For vendor loaded containers, the vendor is responsible for the proper blocking & bracing of cargo at the time of loading to prevent any shifting or uneven distribution of cargo while in transit. Chart1: UPS Notes Chart2 UPS Charges and Invoicing (applicable for CFS/DOOR & CFS/CFS) CFS Receiving Charge CFS Terminal Handling Charge CFS Port Construction Fee CY THC CY Port Construction Fee CY Administration Fee Documentation Charge AMS Fee AMS Amendment Fee Document Amendment Late Document Charge Container Size per CBM per CBM 20' per CMB per 20’ Dry per 40’ Dry/HQ Reefer/40’HQ per 45’ HQ Dry per container per container per FCR per FCR per amendment per FCR per set ** Amount is subject to origin’s local tariff Once the documents have been received by UPS and payments are settled, forwarder’s Cargo Receipt (“FCR”) will be released to vendors. 40' Standard 40' HC 40' HC Dry Reefer (NOR) 45' Kroger Standard CBM Minimums Comments Needs approval** 15CBM Max Cargo WT: 38000Lbs/17236Kgs 54CBM Max Cargo WT: 44000Lbs/19958Kgs 62 CBM CY/Door 65 CBM CFS/Door Max Cargo WT: 43700Lbs/19820Kgs Non-Operating Reefer (NOR) preferred. When possible 1st request a (NOR). No approval required. Max Cargo WT: 43700Lbs/19820Kgs 72 CBM Max Cargo WT: 43700Lbs/19820Kgs Vendor ofaccordance factory loads must ~ Vendor bookings of factory loadsbookings must be in with thebe in accorda appropriate equipment size/type maximizing container utilization and minimizing per-unit freight costs.~ As such, priority will be given to the -the 45’cube, highand cube, 40’cube. high cube. use of use 45’ of high 40’and high 1. Vendor provides shipping order to UPS by individual Purchase Order 10 days before shipment. 2. Documentation and submission deadline (Refer to Documentation & Requirements #3). 3. Print the proper and complete shipping marks, description of goods, SKU no., carton no. and quantities by individual SKU no. total measurement and total gross weight 4. If more than 1 style involved in purchase Order, the carton must be numbered from 1 to end. No duplicate carton numbers are accepted. E.g. Style A (C/No. 1-10) Style B (C/No. 11-20)…etc. 5. Cargo receipt must be faxed to Li& Fung within one (1) working day after the goods are delivered to warehouse, if they are a Li & Fung vendor. 6. All air shipments must be approved by Kroger/FM International Logistics Management prior to shipping. AIR SHIPMENT 15 Documentation & Requirements a) Commercial Documents All commercial documents should be submitted as per below:of Document Original Type Commercial Invoice 1 Packing List 1 Certificate of Origin (NOT OPTIONAL) 1 Certificate of Material 1 Beneficiary Certificate and Vendor Agreement 1 Inspection Certificate Issued by Li & Fung Int’l 1 (if applicable) or Factory if a non- Li & Fung vendor Wearing Apparel Details Sheet 1 Footwear Details Sheet (or Interim Footwear Invoice) 1 CPSC – Certificates of Compliance and test results CARB Statement Preferential Trade Program Qualifying Statement (e.g. GSP), if applicable Applicable Certificate (e.g. Certificate of Fumigation, etc.) FCR (cargo receipt) – copy acceptable 1 1 1 b) Requirements on Commercial Invoice Copy(s) Signed Commercial Invoice certifying compliance with: 1. U.S. Consumer Products Safety Improvement Act of 2008, if applicable. Otherwise, if a General Certificate of Conformity or Certificate of Compliance for children’s products is not applicable for this shipment, the commercial invoice must state “U.S. Consumer products Safety Improvement Act of 2008 not applicable”. 2. Product descriptions must be thorough and clear to enable the customs broker to properly classify each product. 3. Separate Commercial Invoice and Packing List must be submitted for each po. 1 1 Example Documents and Instructions for the below forms can be found under “Payment & Charges” in this manual. Commercial Invoice, Packing List, Certificate of Material, Beneficiary Certificate and Vendor Agreement and General Information for the Letter of Credit. c) One (1) FCR is to be issued per shipper per sailing per BL destination; no exceptions. d) Commercial Documents Submission Deadline All commercial documents must be submitted to UPS within four (4) business days prior to the ETD, or on the date of cargo receipt for CFS cargo. Failure to submit commercial documents within 4 days will result in a Delayed Document Notice from UPS. Failure to present originals of all documents required for bank payment within 7 business days of cargo receive date, will result in a banking penalty of 300USD. 16 d) Importer Security Filing (ISF/10+2) Overview U.S. Customs has a security program called “Importer Security Filing” (or simply ISF) where certain information about the imported cargo is manifested to U.S. Customs PRIOR to the vessel arriving at the U.S. port of discharge. This security filing is mandatory and Kroger will require certain manufacturer and container information to be able to comply with this U.S. Customs requirement. What kind of shipments needs ISF? Containerized Ocean freight only destined to the United States. Bulk cargo and air freight are exempt from ISF requirements. *Notes for Vendors: 1. To fill out the ISF data, please go to http://www.thekrogerco.com/docs/importvendors/isf-form.xlsx?sfvrsn=0 Who is responsible for ISF 10+2 Data? 10: Kroger ISF Filing Agent, Geo S Bush & Co. Inc is responsible for the timely, accurate, and complete submission of the 10 data elements in the ISF. 3 of those 10 data elements come directly from the vendors and must be provided to Geo S Bush & Co. Inc 3 days prior to the ETD of the vessel for which the goods are booked. Data1: Manufacturer (or supplier) name and address – this is the actual manufacturer of the merchandise being shipped. (Remember that for textiles, we must have the actual manufacturer for entry purposes.) 2: The steamship line, is responsible for the 2 container tracking reports. Data2: Container stuffing location – this is the name and address of the location at which the container is stuffed; for factory-loaded containers, this will be the factory location. 2. Secure the required bill of lading numbers. The lowest level bill of lading must also be submitted for U.S. Customs to link the ISF data to AMS data. If the bill of lading is split in transit, a new ISF will need to be filed for each new B/L and the original ISF will need to be amended. 3. For questions please contact Kroger International Logistics Manager. Data3: Consolidator (stuffer) name and address – this is the party who is responsible for the stuffing of the container; for factory-loaded containers, this will 17 likely be the factory name and address; for LCL shipments, this will be the name and address of the forwarder. e) Requirements on Social Compliance Kroger is committed to social responsibility and security in our supply chain because we value the trust of our customers, associates, and shareholders. The PREFERRED audit standard is the “Kroger Social Responsibility” audit performed by SGS and is offered to Kroger suppliers at a discounted rate. Factories producing direct import or branded products for Kroger must maintain a safe, secure and fair working environment which is confirmed through onsite factory audits. Audit standards are based on ILO Conventions and Recommendations and cover the following areas: 1. Child Labor 2. Forced & Compulsory Labor 3. Health & Safety 4. Freedom of Association & Right to Collective Bargaining 5. Discrimination 6. Disciplinary Practices 7. Working Hours 8. Remuneration 9. Management Systems 10. Environment Each foreign factory that manufactures product for Kroger must be audited every year before orders can be placed. **Factories not audited within the prescribed time frame may have their existing orders postponed or cancelled** **Audited factories with severe workplace conditions such as child labor or fire safety hazards will have their existing orders postponed or cancelled** For factories in high risk countries such as Bangladesh, Cambodia and Pakistan, this audit standard is the only standard Kroger will accept. You may contact Ray or Cindy at SGS to schedule these audits: Ray Xu - ray.xu@sgs.com Cindy Sue - cindy.sue@sgs.com ACCEPTABLE standards for factories in low risk countries are SMETA, SA8000, ICTI and BSCI. Other standards may be approved on a case by case basis but we prefer factories audited to the “Kroger Social Responsibility”standard. Please review the document ““Social Compliance Questionnaire” on our website below to review the most common questions and categories factories can expect during a Kroger Social Responsibility audit. http://www.thekrogerco.com/vendorssuppliers/import-vendors These audits must be completed and their associated reports showing acceptable levels of compliance submitted to the International Logistics Manager BEFORE cargo can ship from the port of export. Any cases of bribery discovered during one of these audits will lead to an automatic one year suspension of that factory. 18 f) Requirements on C-TPAT C-TPAT audits must be emailed to Melinda Harding and cc Jordan Fife BEFORE cargo can be allowed to ship. The Kroger Company works with C-TPAT which seeks to safeguard the world’s vibrant trade industry from terrorists, maintaining the economic health of the U.S. and its neighbors. The partnership develops and adopts measures by improving security, at not only physical borders and ports of entry, but globally in collaboration with the international trade community. 3rd party security audits must be performed before cargo can be shipped. Acceptable agencies for C-TPAT audits include SGS, Bureau Veritas, and GVS. Please send this report to Kroger before cargo ships. If you do not have such a report, we have engaged the services of SGS, one of the world’s largest inspection, testing and certification companies, to implement this process. Based on Kroger’s size, we have negotiated favorable rates for these audits. Vendors are responsible for yearly audits. Audits are performed at shipper’s cost. Standards which cover important C-TPAT areas include: 1. 2. 3. 4. 5. 6. 7. 8. Personal Security Storage & Distribution Physical Security Shipment Information Controls Records & Documentation Information Access Controls Contractor Controls Export Logistics Melinda Harding at Melinda.Harding@fredmeyer.com Jordan Fife at Jordan.Fife@Kroger.com Click here to see the full C-TPAT audit check list “Security Audit Checklist” http://www.thekrogerco.com/vendorssuppliers/import-vendors g) Buying/Selling Agent In cases where a vendor charges Kroger a buying agent commission for their services and this commission is NOT included on the commercial invoice, the vendor must complete a buying agent agreement and send it to the Kroger International Logistics team. These agreements are to be reviewed and signed every 2 years. Buying agents must be considered “bona fide”. For more information on what determines a “bona fide” buying agent, please paste the below URL into your web browser and review this document starting from page #8. http://www.cbp.gov/sites/default/files/docu ments/icp004r2_3.pdf 19 h) Requirements on General Certificate of Conformity *Who needs to meet this requirement? All shipments. And, this requirement has been inserted into all Letters of Credit and documentary open account applications. Requirements: Copy of General Certificate of Conformity for products manufactured after Nov. 12, 2008, stating the products have met all applicable product safety standards including the U.S. Consumer Products Safety Improvement Act of 2008. Certificates must include the following Eight (8) conditions 1. Identification of the product covered by the certificate. 2. Citation to each CPSC product safety regulation (i.e., standard or ban) for which the product is being certified. 3. Identification of the U.S. importer Fred Meyer Inc. DBA Kroger 3800 S.E. 22nd Ave., Portland, Oregon 97202. 4. Date (month and year) and place (city, state, country or admin. region) where this product was manufactured. 5. Date and place (city, state, country or admin. region) where this product was tested for compliance with the regulation(s) cited above. 6. Identification of any third-party laboratory on whose testing the certificate depends (name, address and phone number). 7. For children’s products defined by the CPSIA, we now require actual third-party test results covered under each purchase order in this shipment be submitted with General Certificate of Conformity, from any one of the CPSC accepted labs worldwide. You can see the list of labs by following this website: http://www.cpsc.gov/about/cpsia/labaccred.html For General Certificate of Conformity: http://www.thekrogerco.com/vendorssuppliers/import-vendors 8. For Children’s Textiles and Mattresses Manufactured after Nov 16, 2010, Flammability Testing/Certification issued by a CPSCaccredited third-party lab must be submitted and certified for compliance with the Standard for the Flammability of Clothing Textiles (16 CFR Part 1610). For The Consumer Product Safety Improvement Act Overview and Important Points: http://www.thekrogerco.com/vendorssuppliers/import-vendors i) Requirements on Uniform Law Labels for Stuffed Articles Filled bedding, furniture, sleeping bags and toys sold in the USA require a special label. These labels must meet specific requirements. At least 16 states require registration as part of the labeling process. Filled jackets and clothing must also have a sewn-in label that accurately reflects the filling material. The state of Utah requires registration for any company selling filled clothing such as jackets and vests. The following link to IABFLO International Association of Bedding and Furniture Law Officials has a helpful website providing general information as well as links to the individual states for registration. As state information is frequently updated, please ensure registration is compliant to the current regulations and date. http://abflo.info/index.htm Registration for Kroger stores in this category is currently not needed for the following states: Connecticut, Massachusetts, Oklahoma, Pennsylvania and Rhode Island. 20 j) Requirements for Wood Packing Material (WPM) Explanation of WPM: examples of WPM (but is not limited to): ○ Bins ○ Boxes ○ Bracing ○ Cases ○ Containers ○ Crates ○ Cratings ○ Drums ○ Dunnage ○ Load Boards ○ Pallets ○ Pallet collars ○ Reels ○ Skids Not WPM: ○ Packing material made entirely from thin wood 6 mm or less in thickness. ○ Packing Material made wholly of processed wood material, such as: • plywood • particle board • oriented strand board or veneer that has been created using glue, heat or pressure, or a combination thereof. ○ Sawdust ○Wood shavings ○Wood wool 2. If shipment contains no WPM, then Commercial Invoice as wells as FCR must state 'This shipment contains no solid wood packing material.' or 'This shipment contains no regulated wood packing material.’ Must provide a statement showing “All products containing composite fiberboard k) Requirements for wood composite mustfiberboard meet formaldehyde emissions standards product-CARB (if of the California Air Resources Board 93120” and label accordingly.applicable) Similar Federal Requirements are pending from the EPA under the Formaldehyde Standards for Composite Wood Products Act or Toxic Substances Control Act (TSCA). These proposed requirements are designed to implement the statutory formaldehyde emission standards for hardwood plywood, medium-density fiberboard, and particleboard. Kroger Expectations 1. If regulated WPM was used in supporting, protecting, or carrying the commodity, vendor must state that all WPM used in this shipment have been heat treated or fumigated with Methyl Bromide in accordance with US regulations, and have been marked in accordance with the International Plant Protection Convention standard ISPM Number 15. Required Valid Logo on Wood: example l) Register Required for Pesticide (if applicable) Example: Citronella products Based on State of Colorado Pesticide Act, vendor must register with the State before any product can come in under this law. Federal EPA approval is needed for Pesticides before they can be registered in the State of Colorado. Please note: All pesticides sold in Colorado, including the EPA Federal Insecticide Fungicide and Rodenticide Act (FIFRA) 25(B) exempted products, must be registered by the Colorado Department of Agriculture. For more logo information, please read P20 of this PDF http://www.cbp.gov/linkhandler/cgov/trade/trade _outreach/wood_packaging_pp.ctt/wood_packag ing_pp.pdf Please contact the Department of Agriculture’s Pesticide Product Registration at 303-239-4181 or go to comments@ag.state.co.us 21 m) Warning Label Requirements on Toxins Chemicals Contained Product (if applicable) State of California Safe Drinking Water and Toxic Enforcement Act of 1986 or Prop 65 requires the state of California to publish a list of chemicals known to cause cancer, birth defects, or other productive harm. The list includes two types of chemicals – carcinogens and reproductive toxicants. The chemicals may be additives or ingredients in pesticides, common household products, food or drugs. Others may include industrial chemicals, dyes, lead in paints, glazes, ceramic ware and glassware, solvents in dry cleaning, electrical wires possibly containing lead, manufacturing, and construction. Others may be byproducts of chemical processes. Vendors MUST provide warning labels on products that contain any of the known toxins if the products want to come into Kroger family stores. The warning can be a sticky label or built right into your packaging. For FAQ (frequently asked questions). Use the following link http://oehha.ca.gov/prop65/p65faq.html Please click on ~ clear and reasonable warning To find information for two versions of the correct warning label n) Register Required for Bedding, Upholstered Furniture, Stuffed Toys, etc (if applicable) The following articles of bedding, upholstered furniture, stuffed toys, stuffed decorative items, and any such articles not otherwise designated herein, containing hidden materials for sleeping, sitting resting or reclining purposes shall come under the scope of the Ohio Bedding and Upholstered Furniture regulations. The regulations require that vendors register, submit a sample of your product(s) for analysis of the filling content, submit a law label(s) for approval, and/or are responsible for the semiannual fee of four cents per item for products brought into OH or offered for sale in OH. Required For: Cushions Toys & Dolls including decorative items Infant Accessories Bedding & Pillows Sport & Leisure Utility Items Upholstered Furniture Dual Sleeping Furniture Other Items: water or air mattresses that contain filling material, child carriers for bicycles, tree stands, boat cushions, hot or cold therapeutic pads, magnetic pads or bedding, etc. Excluded Items: Wall hangings, pot holders, place mats, children’s slippers with stuffed animals on the toe, Halloween costumes, wearing apparel, any pad or cushion that is solid all the way through with no outer covering (self-skinning urethane foam), automotive creepers with a small padded headrest only. Business Office: 614-644-5583 for licensing and registration information To apply for the required license in Ohio, please visit http://www.ohiostatefair.com/osf/downloadb ooks/rental/2012bedding.pdf For more information and clarifications, please go to, http://codes.ohio.gov/orc/3713 22 o) Requirements on Plant and Fish & Wildlife Products Introduction to Lacey Act The Lacey Act combats trafficking “illegal” plants, fish and wildlife into the U.S.A. Plant and Plant Product Plant and plant product declarations will be required for all products that are classified under the following HTS Chapters. 4401 – Fuel wood 4402 – Wood charcoal 4403 – Wood in the rough 4404 – Hoopwood; poles, piles, stakes 4406 – Railway or tramway sleepers 4407 – Wood sawn or chipped lengthwise 4408 – Sheets for veneering 4409 – Wood continuously shaped 4412 – Plywood, veneered panels, except 4412.99.06 and 4412.99.57 4414 – Wooden frames 4417 – Tools, tool handles, broom handles 4418 – Builders’ joinery and carpentry of wood 4419 – Tableware & kitchenware, of wood 4420 – Wood marquetry; caskets; statuettes 4421 – Other articles of wood 6602 – Walking sticks, whips, crops 8201 – Hand tools 9201 – Pianos 9202 – Other stringed instruments 9302 – Revolvers and pistols 9305.10.20 – Parts and accessories for revolvers and pistols 9401.69 – Seats with wood frames 9504.20 – Articles and accessories for billiards 9703 – Sculptures Notes: 1. A declaration is required only for the product itself – not the sundries that can accompany the product (such as tags, labels, manuals or warranty cards.) Packaging material is also exempt, unless the packaging material is the item that is being imported. For paper and paperboard products with recycled plant content, it is not required to specify the species or country of harvest with respect to the recycled plant product component but is required to provide the average percentage of recycled content. If the product also contains non-recycled plant materials, the basic declaration requirements still apply to that component of the product imported. 2. “Plants” exclude common cultivars, common food crops, scientific specimens and plants to be replanted. 23 Requirements For Plant & Plant Products Insert at the end of the Commercial Invoice as follows: 1. Provide a brief description of each article, or component of an article, that is manufactured from plants or plant parts. 2. List the scientific names (genus and species) for each article/component 3. Indicate the country of harvest where the plant was harvested. 4. List how much plant material (including the unit of measure) for each article/component. 5. List the percentage of recycled material for each article/component contains (0 100%), if it is paper or paperboard. For more information on what is required as well as example, please go to http://www.aphis.usda.gov/plant_health/lace y_act/downloads/declarationform.pdf What is “fish & wildlife”? Fish & Wildlife Product “Fish &Wildlife” is any living or dead wild animal, its parts, and products made from it. Wildlife not only includes mammals, birds, reptiles, amphibians, and fish, but also invertebrates such as insects, crustaceans, arthropods, mollusks and coelenterates Requirements for Fish & Wildlife Products Insert at the end of the Commercial Invoice as follows: 1. List the scientific name for each species. This is a Latin name including genus and species (and sub-species). 2. List the common name in English for each species. 3. List the foreign CITES permit or certificate number for each species, if applicable. 4. List the U.S. CITES permit or certificate number for each species, if applicable. 5. List the applicable description code for each species. (See link below for description codes) 6. List the appropriate one-letter wildlife source code for each species. (See link below for source codes) 7. Provide the quantity of items containing wildlife, and unit of measure for each species. (See link below for units of measure) 8. Indicate the total value of items containing wildlife in U.S. dollars (rounded to the nearest dollar) for each species. 9. List the two-letter ISO (International Organization for Standardization) code for the country where the animal was taken from the wild or where the animal was born. 10. Indicate whether each species of live wildlife identified is venomous For more information on what is required, please go tohttp://www.fws.gov/le/pdf/3177instructions.pdf 24 p) USC Classification Forms Required for the following goods. Shipper must fill out corresponding classification forms and submit directly to our broker at Kroger@geosbush.com Candles Baskets & Wickerhttp://www.thekrogerco.com/docs/import-vendors/baskets-other-wickeritems.docx?sfvrsn=0 Beddinghttp://www.thekrogerco.com/docs/import-vendors/bedding.docx?sfvrsn=2 Clockshttp://www.thekrogerco.com/docs/import-vendors/clocks.docx?sfvrsn=2 Dinner/Kitchen/Tablewarehttp://www.thekrogerco.com/docs/import-vendors/dinner-kitchentableware.docx?sfvrsn=0 Furniture (Indoor & Outdoor)http://www.thekrogerco.com/docs/import-vendors/furniture-(outdoorindoor).docx?sfvrsn=0 Gazeboshttp://www.thekrogerco.com/docs/import-vendors/gazebos.docx?sfvrsn=2 Lamps & Lightshttp://www.thekrogerco.com/docs/import-vendors/lamps-lights.docx?sfvrsn=0 Display Rackshttp://www.thekrogerco.com/docs/import-vendors/display-racks.docx?sfvrsn=0 Bird Feeders General Use Glasswarehttp://www.thekrogerco.com/docs/import-vendors/general-useglassware.docx?sfvrsn=0 Small Wooden Boxeshttp://www.thekrogerco.com/docs/import-vendors/small-woodenboxes.docx?sfvrsn=0 Woven Shirtshttp://www.thekrogerco.com/docs/import-vendors/woven-shirts.docx?sfvrsn=0 Jacket/Outerwear/Coat Table Linenshttp://www.thekrogerco.com/docs/import-vendors/table-linens.docx?sfvrsn=0 Luggagehttp://www.thekrogerco.com/docs/import-vendors/luggage.docx?sfvrsn=0 Knit Shirt/T-Shirt/Sweater Type Garmentshttp://www.thekrogerco.com/docs/import-vendors/knitshirt-t-shirt-sweater-type-garments.docx?sfvrsn=2 Lower Body Garmentshttp://www.thekrogerco.com/docs/import-vendors/lower-bodygarments.docx?sfvrsn=0 Towelshttp://www.thekrogerco.com/docs/import-vendors/towels.docx?sfvrsn=0 25 q) Additional Requirements/Clauses (if applicable) The following clauses are based on certain commodities. If this applies to your product, then you will need to provide the additional documentation addressed below. ● ● ● 1. Caution Label—Candles Add to the Beneficiary Certificate Certify that a cautionary label has been affixed to each candle that is compliant with ASTM F2058 Standard Specification for Candle Fire Safety Labeling. ● ● ● ● ● ● 2. Caution Label—Dishwasher & Microwave Appropriateness Add to the Beneficiary Certificate: Certify that an appropriate caution label indicating the suitability of food containers, flatware, cookware and kitchen tools for use in dishwashers and microwaves has been conspicuously affixed to each applicable item. ● ● ● 3. Caution Label—Not For Food Use Add to the Beneficiary Certificate: Certify that the following caution has been permanently marked on the underside item along with a removable caution label affixed on the top of each applicable item, as follows: 1. For decorative purpose only 2. Not for Food Use 3. Food Consumed from this vessel may be harmful. ● ● ● 4. Caution Label—Seasonal Plush Decoration Only Add to the Beneficiary Certificate Certify that the following caution label has been permanently affixed to each applicable item of seasonal, plush decoration. “This is not a toy. For decorative purposes only.” Please note, this category falls under the Ohio State Bedding law for stuffed articles and will require a toy or bedding label even labeled “not a toy”. ● ● ● ● ● and Packing 5. Certificate of ● Ingredients (For Foodstuff) Provide One (1) copy of Certificate of Ingredients and Packing stating a complete breakdown, giving a detailed list of ingredients and specific packaging information, such as but not limited to: sugar packed in plastic bags and plastic bags packed in cardboard boxes. ● ● ● ● ● ● 6. Children’s Costumes Only (SCPC) Add to Beneficiary Certificate, stating that all Children’s Costumes in this Shipment meet the Consumer Product Safety Commission Guidelines for Children’s Use. ● ● ● 26 ● ● ● 7. Caution Label—Plastic Bag Warning Add to the Beneficiary Certificate Certify that an appropriate caution label has been conspicuously printed on or securely attached to each applicable plastic bag. WARNING To avoid danger of suffocation, keep this plastic bag away from babies and children. Do not use this bag in cribs, beds, carriage, or playpens. This bag is not a toy. Please note: The WARNING label must be repeated every 18 inches on the plastic bag ● ● ● 8. Clocks Add to the Certificate of Material. For Clocks list the following: 1. Whether Clocks are an Alarm or Non Alarm Clock. 2. Whether Clocks are Battery Operated or Electrical Clocks. 3. Whether Batteries are included with the Battery Operated Clocks. 4. Whether Clocks have Opto-Electric display or Manual Hands. 5. Whether Clocks are a desk, wall or other type of clock. Add to the Commercial Invoice: The following table sets forth type requirements that will satisfy all state and local requirements except Gering, NE which requires ¼ inch type size. Total Length and Width of Bag Combined (except dry cleaning bags) Less than 25 inches 25 to 39 inches 40 to 59 inches 60 inches or more Dry cleaning bags Minimum Type Size 10 point 14 point 18 point 24 point 36 point State that all Paint used is Free of Lead and that the Clocks meet the USA Consumer Protection Guidelines. ● ● ● 9. Certificate of Origin NAFTA used for Mexico Provide One (1) copy of Certificate of Origin issued by NAFTA. ● ● ● 10. ~Candles SECTION UNDER CONSTRUCTION… ● ● ● ● ● ● 27 ● ● ● 11. ~Candle Holders SECTION UNDER CONSTRUCTION… ● ● ● ● ● 12. Cosmetics Use W/FDA Certification-Very Important!!! ● Lotions, Creams, Colognes, Nail Polish, Color Cosmetics, Non-Permanent Tattoo’s, etc. For all Cosmetic Items, the Certificate of Materials must also state the exact description of each Item, listing exact ingredients with a percentage of each ingredient. Additional documentation required: *Commercial invoice and packing list *Quote sheets *Clear, legible, enlarged photo of all side of outer packaging and of the item itself showing the ingredients and country of origin labeling. (Must be photos of the item as actually shipped – cannot be prototypes.) *List of ingredients in each product in descending order of prominence from the largest quantity to the smallest *If any dyes or colorants were used to make the product, each batch of color must be certified by the Chief of Colors branch of the U.S. FDA. FDA assigns what is called a Batch Certification number. We will need a copy of the batch certificate or, at the minimum, the batch certification number itself. The number is made up of 2 letters followed by 4 numerals. An example would be AR1845. *If items come in a set, we will need a value breakdown for each item in the set. The value should include the cost of the packaging. *Name and address of actual manufacturer for each item. 28 ● ● ● ● ● ● 13. Dishes Provide One (1) copy of Certificate of Material: 16. FCC, Accession— (Radio Waves, Lazer Emissions) Add to Commercial Invoice 1. Provide a breakdown of each component, including each item in the set, by price in USD and net net weight in KG for each style. This total must match the first cost price of style on invoice, including set prices. All costs are to be included in this pricing breakdown. 1. Provide the Accession Number or DHHS Number. If not applicable, state in the Beneficiary’s Certificate that the Accession Number or DHHS Number is not required. 2. Specify the type of material (ex: Porcelain, China Course-Grained Earthenware, CourseGrained Stoneware, Fine Grained Earthenware having a reddish colored body and Lustrous Glaze, Glass, Plastic or just Ceramic.) 3. State the diameter of each plate listed in centimeters. ● ● ● 14. Dog or Cat Fur on Textile Add to Commercial Invoice, certifying that the products listed on the Invoice do not contain dog or cat fur. ● ● ● 15. FDA-Ceramic Eating Ware, Aluminum Cookware Add to Commercial Invoice showing FDA Registration number or CCC Number, and complete Name and Address, of the Actual Overseas Manufacturer for each specific item ● ● ● 2. Provide the FCC Identifier Number. If FCC Identifier Number is not applicable, state that the product is FCC compliant. 3. A blank FCC form can be emailed to you if needed. Contact us. ● ● ● ● ● ● 17. Foam (Bikes, Cushions, Lawn Furniture, etc) Provide Signed Manufacturer’s Letter: Showing that it was issued on the Manufacturer’s letterhead, listing the type of foam used in the manufacturing of the foam itself. If not applicable, Beneficiary’s Statement stating that any type of foam was not used in the manufacturing of this product. ● ● ● ● ● ● 18. Free of Charge Goods (Display Sample) Add to Commercial Invoice, state that, for U.S. Customs Purposes Only, Merchandise of Display Samples is Valued at USD (XXXXX) and Free of Cost to the Buyer. ● ● ● 29 ● ● ● 19. Hazardous Materials (batteries, aerosols, chemicals, are generally considered a hazardous material) At the time of booking, you must indicate whether or not the cargo you are shipping is a hazardous material: 1. If not a Hazardous Material, you must indicate “Cargo contains no hazardous materials” in your shipper’s letter of instructions to UPS. 2. If the cargo contains any hazardous materials, you must submit a complete MSDS (Material Safety Data Sheet) to UPS at the time of booking and the MSDS must indicate: a. The appropriate 4-digit UN number b. The class c. The packing group ● ● ● 21. Kiln Dried Certificate (Real Tree Parts) Alpine Christmas Trees Certificate issued by a third party on their letterhead stating that the wood in the product shipped has been kiln dried or Beneficiary’s Certificate that no wood was used in this product. ● ● ● ● ● ● 22. ~Qualified Industrial Zone Program (QIZ) for Basic Apparel/Soft Goods SECTION UNDER CONSTRUCTION… ● ● ● *Notes for batteries: All included batteries must be mercury free. Products that contain batteries will include proper instructions and warnings. ● ● ● 20. Mirrors (Use Basic Template) Add to Commercial Invoice: 1. Stating that the mirrors are framed or not framed, and that the ● reflecting ● ● area for mirrors is stated as CM2 (square centimeters). 2. Stating that all paint is lead free. 3. Stating that the merchandise does meet the USA Consumer Protection Guidelines. ● ● ● 30 ● ● ● 23. Underwriter’s Laboratory “UL” or Electro Technical Laboratory “ETL”— Electrical Items Clause Add to Beneficiary Certificate, State that the Electrical merchandise is U.S. Underwriters Laboratories (UL) Listed or Electro Technical Laboratory (ETL) certified on all electrical goods. ● ● ● ● ● ● 24. State of Utah: Upholstered Furniture, Bedding, and Quilted Clothing For bedding, upholstered furniture, clothing, or any other product with an enclosed layer of filling material, add to Beneficiary Certificate: Certify that all goods in this shipment meet the requirements of the Federal Textile Fiber Products Identification Act, Federal Wool Products Labeling Act, and the State of Utah’s Bedding, Upholstered Furniture, and Quilted Clothing Act, including registration with the state of Utah, and carrying the applicable ABFLO “uniform” tag as listed in the “Tagging Law Manual” of the International Sleep Products Association (ISPA). ● ● ● ● ● ● ● ● ● 26. Wicker or Rattan Baskets & Other For Wicker, Rattan, Etc., the Certificate of Material must also show: 1. The measurement of each item in inches. 2. The specific weaving material used. 3. Whether that material is flat or round strips (not required if weaving material is 100 percent willow only). 4. For Baskets only: Each individual item in a basket set must be listed separately along with cost per item and specific plaiting material used to make each item. It must state the specific plaiting material (example: Willow, Rattan, Palm) used to weave each item and whether that plaiting material is in it is natural state (original round strips) or has been processed in any way (resulting in flat strips). The total cost of the set is also required. A picture, including measurements of each item in inches, must be attached to the Certificate of Material. ● ● ● 25. U.S. Department of Transportation Declaration (Trailers, etc. with Hitches) Provide One (1) fully completed copy of U.S. Department of Transportation Declaration Form HS-7. ● ● ● 31 Payment & Charges (1) Kroger Import Purchase Order(s) Payment Terms The only THREE (3) methods of payments offered for any import order(s) are: 1. Li & Fung Open Account (Li & Fung handles exclusively). 2. Letter of Credit (L/C) Handled exclusively by Bank of America Hong Kong. 3. Documentary Open Account-Handled exclusively by Bank of America Hong Kong. Not be confused with the standard OA, Wire Transfer, or Telegraphic Wire Transfer. (Acceptance for this method of payment is subject to approval and is very rare. Vendor must show consistent compliance to all the Letter of Credit terms and conditions from previous transactions for at least 6 to 12 months.) Bank of America offices will continue to advise you of either a L/C and/or Documentary Open Account process as well as handle the distribution of payment as approved by an authorized Fred Meyer authority; Bank of America will continue to be our primary bank handling the processing of documents submitted for either method of payment and will remain as the paying bank. With Documentary Open Account payment terms, there is a reduction of bank processing fees (i.e. reduced document examination charges, no document discrepancy fees, no reimbursement charges, etc.). The same basic document requirements stipulated on a L/C will also be required on the Documentary Open Account process. The only significant difference is the reduction of processing fees. (2) Non-compliance Charges Backs Fee Description Fee Collection $1000 per PO: UPC Violations, Hang Tag, Garment Labels or any changes made to import quote sheet after the PO has been issued. Kroger will deduct the amount due from any outstanding invoice. ~If there are monies due Kroger that have not been deducted within sixty (60) days, Vendor must pay by check. These amounts are in addition to and not in lieu of Vendor’s indemnification and other obligations to Kroger. Vendor agrees that all amounts set forth in this fee schedule are reasonable liquidated damages and do not constitute a penalty. 32 GENERAL INFORMATION & INSTRUCTIONS FOR THE LETTER OF CREDIT + .+++.Copy(s) Signed Commercial Invoice certifying compliance with: 1. Fred Meyer Inc. DBA Kroger relative Purchase Order Number. 2. Showing the purchase price of each item in U.S. Dollars and the Country of Origin. Please see the example document the Kroger Vendor & Supplier website. + .+++.Copy of Packing/Weight List showing number of cartons, weight and contents of each carton. Please see the example document the Kroger Vendor & Supplier website. + .+++.Copy of Certificate of Material showing breakdown of each component by price in USD and net weight in KG for each style. If component includes fabric, the Certificate of Material must state if fabric is knit or woven and list the fiber content. If item is a set, a breakdown of each component by price in USD and net weight in KG for each style must be shown. Please see the example document the Kroger Vendor & Supplier website. + .+++.Beneficiary signed certification and vendor agreement: Please see the example document the Kroger Vendor & Supplier website. Note that the instructions and example are separate. A. To protect, defend, indemnify, and hold harmless, The Kroger Co., all its affiliates, and subsidiaries, agents, and employees, from and against any and all claims, actions, demands, liabilities, losses, cost, and expenses including attorney fees: 1. Arising out of any actual or alleged injury to or death of any person, or damage to any property, or any other damage or loss, by whomsoever suffered, including Vendor or Kroger Co., resulting or claimed to result, directly or indirectly, from the purchase, shipment, storage, delivery, sale, or other handling of the goods sold hereunder, caused by the negligence of the vendor. 2. Resulting from the actual or alleged breach of any Vendor warranties, guarantees, regulatory compliance or other covenants contained herein, or 3. Resulting from any actual or alleged trademark, patent copyright, or other proprietary right infringement of the goods sold hereunder. B. 1. The items covered under the above reference purchase order(s) contain no Class I or II Ozone depleting chemicals as defined by the U.S. Government Environmental Protection Agency. 2. Stating the actual Manufacturer(s) Name and Address and Shippers Name and Address for U.S. Customs purposes. C. That merchandise was not manufactured with convict labor and/or indentured labor under penal sanctions, nor with illegal child labor, either employed in production or manufacture of the merchandise. 33 D. Any wood packing material used in this shipment has been heat treated or fumigated in accordance with U.S. Regulations and has been marked in accordance with the International Plant Protection Convention Standard ISPM Number 15. If the fumigation certificate is not applicable, Commercial Invoice as well as Forwarders Cargo Receipt must state -This shipment contains no solid wood packing material.or -This shipment contains no regulated wood packing material.E. Have complied with all applicable laws, regulations, codes, and sanctions related to AntiBribery and Anti-Corruption as may be applicable to its performance, including but not limited to the U.S. Foreign Corrupt Practice Act, and we have not engaged in any activity, practice, or conduct which constitute a criminal offence under the U.S. Foreign Corrupt Practices Act if such activity, practice, or conduct had carried out in the U.S., and have complied with Kroger Ethics, Anti-Bribery, and Anti-Corruption Policies. F. All goods in this shipment have been found to be free of any defects and of top quality G. Have cooperated in Fred Meyer Inc., DBA Kroger Trucking Security Program and met the below minimum criteria for compliance: 1. Select trucking and dray carriers that are dependable and willing to participate in security measures. 2. Have trained personnel inspect all containers and seals prior to departure. 3. Designated a direct route to the port of departure or CFS station. 4. Estimate travel time for the trip. 5. Monitor actual time to destination. 6. Provide a gate in receipt for the trip. 7. State that the factory understands and is cooperating in this Trucking Security Program Factory must actually have a program in place and able to prove compliance on-site, if and when asked for. H. Products containing composite wood fiberboard meet Formaldehyde emissions standards of the California Air Resources Board 93120 and labeled if applicable. If not applicable, commercial invoice must state – Product in this shipment does not contain composite fiberboard. + .+++. Copy of General Certificate of Conformity (GCC) stating the products have met all applicable product safety standards as well as the U.S. Consumer Products Safety Improvement Act of 2008. GCC must be in English and include the following: If unsure which products are applicable, please visit the CPSIA website; you may also contact the manufacture for product verification. Follow up questions may be sent to Kathy Payne kathleen.payne@kroger.com The Consumer Product Safety Improvement Act (CPSIA) | CPSC.gov 34 1. Identification of the product covered by the certificate. 2. Citation to each CPSC product safety regulation (i.e., standard or ban) for which the product is being certified. 3. Identification of the U.S. importer Fred Meyer Inc. DBA Kroger 3800 S.E. 22nd Ave., Portland, Oregon 97202 4. Date (month and year) and place (city, state, country or admin. region) where this product was manufactured. 5. Date and place (city, state, country or admin. region) where this product was tested for compliance with the regulation(s) cited above. 6. Identification of any third-party laboratory on whose testing the certificate depends (name, address and phone number). 7. For childrens products defined by the CPSIA we now require actual third-party test results covered under each purchase order in this shipment be submitted with the General Certificate of Conformity, from any one of the CPSC accredited labs worldwide. You can see the list of labs by following this website: http://www.cpsc.gov/about/cpsia/labaccred.html. 8. For Childrens Textiles and Mattresses Manufactured after Nov 16, 2010, Flammability Testing/Certification issued by CPSC-accredited third-party lab must be submitted and certified for compliance with the Standard for the Flammability of Clothing Textiles (16 CFR Part 1610). + .+++.A General Certificate of Conformity (GCC) is applicable to both Adult and Children’s Products. For all shipments covering Childrens Products a CPSIA Product Certificate must be submitted if applicable. Otherwise if a General Certificate of Conformity (GCC) is not applicable for this shipment, Commercial Invoice must state -U.S. consumer products safety improvement act of 2008 not applicable for this shipment. For guidance regarding Adult and Children’s products, please visit the Kroger General Merchandise vendor-shipping manual http://www.thekrogerco.com/vendors-suppliers/importvendors. Follow up questions may be sent to Kathy Payne kathleen.payne@kroger.com OTHER TERMS AND CONDITIONS: 35 + .+++.For multiple purchase orders covered in this Letter of Credit: 1. Partial shipments permitted however each purchase order must be shipped complete. A separate Commercial Invoice must be presented for each single PO. 2. Purchase Orders combined and covered under a single invoice is strictly prohibited. + .+++.Third party documents are acceptable, but shall not include the draft or give such other third party the right to demand payment under this letter of credit, or any transfer thereof, unless such party has been specifically designated as beneficiary or transferee. + .+++.Cargo received date on the Forwarder's Cargo Receipt is to be considered as the shipment date. + .+++.All documents must indicate this documentary credit number and the purchase order number(s). + .+++.Beneficiary must present originals of all documents required except Forwarder's Cargo Receipt to UPS Asia Group Pte Ltd or UPS Supply Chain Solutions, Inc. within 7 business days of delivery of cargo. Failure to comply will result in a penalty of USD300.00 + .+++.Combined drawings with other letters of credit are not allowed. + .+++.LACEY ACT/ARTICLES MADE OF OR INCLUDING WOOD. + .+++. In coordination with U.S. Customs and Border Protection, for Phase I, II, and III of this Act, if your product is classified in the HTS Chapter 44, then you will be required to fill out the U.S. Department of Agriculture Animal and Plant health Inspection Service (APHIS) form. If not applicable, statement on Commercial Invoice that product is not classified in the U.S. Customs and Boarder protection for Phase I, II, and III under HTS Chapter 44 If your product is classified in the HTS Chapter 44 then you will be required to fill out the U.S Department of Agriculture Animal and Plant health Inspection Service (APHIS) form. http://www.aphis.usda.gov/plant_health/lacey_act/downloads/declarationform.pdf If your product is not classified, a statement on the Commercial Invoice must say, “this product is not classified in the U.S. Customs and Boarder protection for Phase I, II, and III under HTS Chapter 44” 36 Revision History : 12/03/2013 – Completely revised vendor shipping manual posted; final version. 02/11/2014 – Removed some editing marks that were meant as place holders for future updates. 02/26/2014 – Updated max cargo load weight for 40HC equipment from 44000lbs to 43700lbs 02/26/2014 – Clarified uneven load containers that are under max weight limits but still considered overweight. 02/27/2014 – Updated max cargo load weight for 45HC & 40HC (NOR) equipment from 44000lbs to 43700lbs 03/14/2014 - Made formatting and spelling changes requested by Hazel George. 03/14/2014 - Changed “Fred Meyer Inc DBA Kroger” to “The Kroger Company”. 03/14/2014 - Clarified FM SKUs vs. Kroger PLNs vs. Ralph’s KLNs. 03/24/2014 – Removed some of the pending comments and noted “Sections under construction”. 03/24/2014 –Removed red revisions. Renamed the document to clarify this manual is for G.M. imports only. 03/26/2014 – Removed requirement to affix packing list to outside of carton. Updated Jeannette’s extension. 04/25/2014 – Added #4 to section “b” on commercial invoice page #17 in response to ISA annual self-audit. 05/02/2014 – Added “NOT OPTIONAL” to certificate of origin in response to ISA audit finding. 05/13/2014 - Updated p.11 shoe carton marking section. Added space between “Integra” and “Trim” on page 14. 06/05/2014 - Added FCR note to page #17 to reconfirm our existing FCR policy. 06/17/2014 – added note on bribery to social compliance section. 07/24/2014 – updated social compliance page to match letter to vendors and policy updates. Minor CTPAT changes. 07/25/2014 – removed manuf. cert. of guarantee requirement. Now covered under condition “C” under bene.cert. 07/28/2014 – removed comments “for Kroger Only at this time – Kroger will supply” per Greg Ho. 08/21/2014 – Added information to GCC Section, updated format of manual 09/04/2014 – MH added General Information and Instructions for LC (pgs 34-37) 09/08/2014 – JF small format updates. 09/08/2014 – Expanded recycled materials comments in Lacey act section. 09/08/2014 – Added buying agent section. 10/15/2014 – Added to Plastic Bag Warning Label section (pg 28) 10/21/2014 – Added “Separate Commercial Invoice and Packing List must be submitted for each po.” (pg 17) 11/03/2014 – Changed all references to “packing list by shipment” to “packing list by purchase order” 06/29/2015 – Removed requirement to affix packing list to outside of carton (overlooked in previous update) 7/22/2015- Removed “for children’s products regarding GCC information (pg 36) 11/2/2015- Updated contacts on p. 4 (SB) 11/30/2015- Removed page 10: section on Kroger pre-price labels. Updated SCORS contact to Kyla Galbraith. (SB) 37