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TRANSCRIPT
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Import Vendor Manual for General Merchandise
Last Updated October 2017
TABLE OF CONTENTS
Contact Information1. 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. Container Weight Requirements…………………………………………………..….13
3. Cargo Booking with UPS
Ocean Shipments……………………………………………………………...14&15
A. Cargo Booking Requirements
B. Cargo Delivery Requirements
Air Shipments…………………………………………………………………...15
4. Documentation & Requirements
A) Commercial Documents……….16
B) Commercial Invoice Requirement………………….…...16
C) Commercial Documents Submission Deadline……….…….16
D) Importer Security Filing (ISF/10+2) ……………….17
E) Requirements on Social Compliance………………………18
F) Requirements on C-TPAT…....19
G) Buying/Selling Agent………19
H) General Certificate of Conformity Requirements…………..………...20
I) Requirements on Uniform Law Labels for Stuffed Articles………………..….19
J) Requirements for Wood Packing Material (WPM)……………………..21 K) Requirements for Composite Fiberboard Product-carb (if applicable)…...........................21
L) Register Required for Pesticide (if applicable) ………………………………….......................21
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
O) Country of Origin Labeling Requirement….22
P) Requirements for Plant and Fish & Wildlife
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Products (if applicable)…………………...23&24
Q) USC Classification Forms (if applicable)…..25
R) Additional Requirements (if applicable)..26-31
5. Payment & Charges
1) Kroger Import Purchase Order(s)
Payment Terms………………………….…….32
2) Non-Compliance Charges Backs…………...32
3) General Information & Instructions for the Letter
of Credit…………………………………...33 -36
Document Hyperlinks
Additional resources, instructions, and document examples are hosted on our website:http://www.thekrogerco.com/vendors-suppliers/import-vendors
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Contacts1. Customer
Fred Meyer, Inc. dba Kroger
3800 SE 22nd Avenue
Portland, OR, 97202
U.S.A
2. Notify PartyGeo. S. Bush & Co., Inc.
825 N. E. Multnomah St.
Suite 910
Portland, OR. 97232
U.S.A.
Telephone: (503)228.6501
Facsimile: (503)273.0432
Email: [email protected]
3. UPS Origin Contacts
Please go to:
http://www.thekrogerco.com/docs/import-vendors/ups-origin-contacts.xls?sfvrsn=2
4. International Logistics Team
Title Name ContactsInternational Logistics Manager
Patricia Villalonga +1 (503)[email protected]
International Logistics Support
Sarah Blood +1 (503)[email protected]
International Logistics Support
Barbara Conery +1 (503)[email protected]
International Logistics Support
Jenny Ogbonnah +1 (503)[email protected]
International Logistics Support
Melissa Cisewski +1 (503)[email protected]
UPS Supplier Management
Whitney Alexander +1 (503)[email protected]
Bank of America Supply Chain Partner
Barbara Ursua-Green
+1 (503)[email protected]
THE KROGER COMPANYCARTON MARKING REQUIREMENTS
A PACKING LIST is required per shipment.
ON TWO OPPOSITE SIDES OF EACH CARTON:
The Kroger CompanyPurchase Order Number PURCHASE ORDER #
Select Corresponding Identifiers:
FM SKU:Kroger PLN:Ralph’s KLN:
Item description: Item Description: Dog BowlGross Weight (lbs): Gross Weight: 18 lbs
Net Weight (lbs): Net Weight: 15.4 lbsCarton Measurement
(inches):Measurement: H-19.25"/W-10.25"/D-18.75"
GTIN # 14 digit numberUPC Code: UPC Code: 730384-452811
Quantity: Quantity: 8 pcs
Made In: Made In ChinaTOP AND BOTTOM OF
CARTON:*No Carton Marking
Here*(Unless going to Chehalis DC – then a
SCORS label can be placed here)
INNER PACK MARKING: Item Description Item Description: Dog BowlStyle / Stock # Style #: 45281
GTIN # 14 digit numberUPC UPC Code: 730384-452811
Quantity: Quantity: 4 pcsMade in: Country of
Origin Made in China
Kroger Company Marking Instructions :
Packing list is required for each purchase order.
ON TWO OPPOSITE SIDES OF EACH CARTON: This will be a duplicated label placed on TWO sides of the carton.1. Label must always have company name listed (The Kroger Company).2. Purchase Order number3. Select Corresponding Identifiers – FM SKU, Kroger PLN or Ralph’s KLN4. 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 weight6. 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 carton11. Made in: (Country of Origin).
For Kroger Co. Seasonal orders: a seasonal code (also called a Mod Code, Ex. FA, GA, HB) 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.
INNER CARTONS: 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. Item description2. Style/Stock number3. GTIN # (14 digit number)4. UPC Code – 12 digit number5. Quantity 6. Made in: (Country of Origin)
CARTON BARCODE REQUIREMENTS: ONLY applies to POs sent to Chehalis, WA distribution center.
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: .75”Barcode width minimum: 1.6”Narrow bar width: 15 milsWide bar minimum: 30 - 45 milsQuiet Zone: minimum 3 X widest bar
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Pre-made labels can be purchased from Integra Trim. The Integra Trim label accommodates 12 digits, which can either be your product UPC or a special version of your Fred Meyer SKU. For example, adding 4 leading zeroes to the 8-digit SKU to make 12 digits.
If a carton contains inner packs, do NOT place barcode on the outside master carton. Placement should be on the inner packs only. Outer carton markings include the import order shipping mark and reference “SCORS MASTER”. This can be as a label or written in felt marker.
If a master carton only contains a single SET SKU, then place a barcode label on the outside of each master carton rather than the inner cartons. If multiple SET SKU’s are contained within a master carton, label as you would an inner pack.
If a carton is a very large or very small size, an Integra Trim carton barcode is NOT NEEDED, as product will not be processed via the conveyor.
Conveyable Minimum 6" wide, 9" long, 3" tall 2lbs
Conveyable Maximum 27" wide, 47" long, 30" tall 75lbs
You can email an attachment or fax a sample of your UPC barcode to Kyla Galbraith for approval: Kyla GalbraithFred Meyer Logistics [email protected]
Integra Trim Contact:
Heather Grant, Account Manager2420 Sandcreek Road, Suite 1, #212Brentwood, CA 94513(925) [email protected]
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Integra Trim Hong KongPre-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"HNarrow Bar minimum: 15 mils
Wide Bar minimum: 30 - 45 milsQuiet Zone minimum: 3 times the width of widest bar
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.
Label for Side and Back of Box:
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Side of Box
Back Of Box
The Kroger CompanyPurchase Order #Identifiers:Item Description:Gross Weight:Net Weight:Carton Measurements:GTIN # UPC Codes:Quantity:Made In:
Front & Side of Box
Back of Box
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 is 8” X 11”.
Example Pallet Label:
FROM: COURTYARD CREATIONSTO: The Kroger CompanyPurchase Order #
3RD Floor No. 219-1 Chien Kwo Road, Hsin TienSelect Corresponding Identifiers: Fred Meyer SKUs
Taipei Hsien, Taiwan 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.
Individual carton should be labeled as follows:
1 Identifiers: Identifiers:2 GTIN # 14 digits3 UPC # 041226-054834 Item Description: Item Description: Aspen Chairs5 Size: (if applicable) Size: (if applicable)6 Quantity: Quantity: 4 pieces.7 Carton Measurement: Measurement: H-83.86" / W- 43.31" / D- 51.57"8 Made in: Country of Origin Made in China
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THE KROGER COMPANYCARTON MARKING REQUIREMENTSFOR SHOES:
ON TWO SIDES OF EACH CARTON:
The Kroger CompanyPurchase Order Number PURCHASE ORDER #
Select One Corresponding Identifier:
FM SKU:Kroger PLN:Ralph’s KLN:
Item description: Leslie Wedge Shoe(Kroger Only) GTIN: 14 digit item number
UPC Code: 12 digit item numberMade In: Made In China
Style/ Stock #: K G15697Print or Color: Color: Black
Size Run: 6 7 8 9 10Pairs: 1 4 4 2 1
Quantity: Quantity: 12 pairsGross Weight (lbs): Gross Weight: 18 lbs
Net Weight (lbs): Net Weight: 15.4 lbsCarton Measurement
(inches):Measurement: H-19.25"/W-10.25"/D-18.75"
TOP AND BOTTOM OF CARTON:
No Carton Marking Hereunless going to Chehalis DC – then a SCORS label can be placed here
A packing list is required per each shipment.
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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 two sides of the carton.1. The Kroger Company2. Purchase Order #3. Select Identifiers (FM SKU, Kroger PLN, or Ralph’s KLN)4. Item description 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 carton8. GTIN # 9. UPC10. Quantity included in carton11. Pairs: number of pairs per size12. Size Run: Full Size with dash indicating ½ size13. Print/Color: 14. Made in: (Country of origin).
Top/Bottom of carton. No label placement here, except a barcode if PO is shipped to Chehalis, WA.
Please note that a penalty fee will be assessed for non-compliance.
CARTON BARCODE REQUIREMENTS: Please see barcode label requirements on p. 6-7ONLY pertains to PO’s sent to Chehalis, WA distribution center.
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The Kroger Company OUTDOOR/INDOOR FURNITURE WITH LITHO LABELCarton Markings Requirements for Direct-To-Floor display models using a Litho label:
(See diagram on the following page for additional instructions)One PACKING LIST is required per purchase order
1 LONG SIDE OF CARTONPLACE
LITHO LABELNO ADDITIONAL CARTON MARKINGS ON THIS SIDE
2OPPOSITE
LONG SIDE OF CARTONList all information
below:Kroger Company
Purchase Order # Purchase Order #
3Select Corresponding
Identifiers:
FM SKU:Kroger PLN:Ralph’s KLN:
4 Item DescriptionItem Description: Corsica 42” Steel Table
Gross Weight (LBS) Gross Weight: 25 LBS5 Net Weight (LBS) Net Weight: 22.2 LBS
6Carton Measurement
(Inches)Carton Measurement:H-66.5”, W- 4.5”, D-42”
7 GTIN # 14 digits8 UPC# UPC# 608474-2093279 Made in: Country of Origin Made in China
10 ALL REMAINING SIDESList all information
below:
11(Top, Bottom & both short
carton ends)Select Corresponding
Identifiers:
FM SKU:Kroger PLN:Ralph’s KLN:
12 Item DescriptionItem Description: Corsica 42” Steel Table
13 Print / Color (If applicable) Color: Black14 Quantity: Quantity: 1 each15 GTIN # 14 digits16 UPC # UPC # 608474-209327
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Additional Requirements:-If a product has 2 Litho labels on a 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
Amendments to the International Convention for the Safety of Life at Sea (“SOLAS”), to which the U.S. is a signatory, will go into effect globally on July 1, 2016. In general, the amendments require shippers to provide the Verified Gross Mass (“VGM”) of containers carrying cargo before those containers can be loaded aboard a vessel. Without a VGM, the amendments also prohibit the vessel operator from loading a packed container.
Pursuant to the SOLAS regulations, the Shipper may calculate VGM by:(i) Weighing the packed container using calibrated and certified equipment; or(ii) Weighing all packages and cargo items, including the mass of pallets, dunnage and other securing material to be packed in the container and adding the tare mass of the container to the
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Container Weight Requirements with SOLAS
sum of the single masses, using a certified method approved by the competent authority of the State in which packing of the container was completed.
Additional information on SOLAS requirements is available in our compliance guide on our site: Click Here
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Ocean Shipment
Cargo Booking with UPS
UPS loadCFS/CFS
UPS loadCFS/DOOR
Vendor loadCY/DOOR
Vendors
UPS/CFS
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.
2. Cargo will be accepted if it achieves the utilization minimum (P15 chart2)
LC
LFC
L
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
a) Shipping Order per Purchase Order. Bookings must be made at least ten (10) calendar days before delivering goods to CY or to UPS CFS
A) For all deliveries, vendors may contact UPS Origin’s operations representatives to arrange trucking and customs clearance if needed.
B. Cargo delivery Requirements:
A. Cargo booking Requirements:
b) Bookings require the following typed information: 1. Shipper & Factory/Consignee/Notify Party name and address2. Port of loading/Port of discharge/Final destination 3. Fred Meyer Purchase Order number and SKU number4. Shipping mark and detailed description of the goods5. Quantity / Cartons / CBM / KGS per SKU number6. Expected cargo delivery date7. Local company contact information including telephone number, fax number, contact person, email address, etc.
CY
Chart1: UPS Notes Chart 2: Container Specifications
UPS Charges and Invoicing (applicable for CFS/DOOR & CFS/CFS)CFS Receiving Charge per CBMCFS Terminal Handling Charge
per CBM
CFS Port Construction Fee per CMBCY THC per 20’ Dry
per 40’ Dry/HQ Reefer/40’HQper 45’ HQ Dry
CY Port Construction Fee per containerCY Administration Fee per containerDocumentation Charge per FCRAMS Fee per FCRAMS Amendment Fee per amendmentDocument Amendment per FCRLate Document Charge per set
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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.
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 weight4. 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.
** Amounts are subject to origin’s local tariff Vendor bookings of factory loads must be in accordance to the-Once the documents have been received by UPS and payments are settled, forwarder’s Cargo Receipt (“FCR”) will be released to vendors.
Container Size
KrogerStandard CBM
Minimums
Comments
20' Needs approval**15CBM
Max Cargo WT:38000Lbs/17236Kgs
40' Standard
54CBM Max Cargo WT:44000Lbs/19958Kgs
40' HC 62 CBM CY/Door65 CBM CFS/Door
Max Cargo WT:43700Lbs/19820Kgs
40' HC Dry Reefer (NOR)
Non-Operating Reefer (NOR) preferred. When possible 1st request a NOR. No approval required.
Max Cargo WT:43700Lbs/19820Kgs
45' 72 CBM Max Cargo WT:43700Lbs/19820Kgs
Bookings of factory loads must use the appropriate equipment size/type to maximize container utilization and minimize per-unit freight costs. As such, priority will be given to the use of 45’ high cube, and 40’ high cube.
AIR SHIPMENT
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Documentation and Requirements
B. Commercial Invoice Requirements
Example Documents and Instructions can be found under
“Payment & Charges” in this manual:
Commercial Invoice, Packing List, Certificate of Material,Beneficiary Certificate and Vendor Agreement andGeneral Information for the Letter of Credit.
C. Forwarder’s Cargo Receipt
One FCR will be issued per shipper per sailing per BL destination; no exceptions.
One copy of a signed Commercial Invoice:1. Certifying compliance with 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.
All commercial documents should be submitted as per below:
A. Commercial Documents
Type of Document OriginalCommercial Invoice (see details below) 1Packing List 1Certificate of Origin (NOT OPTIONAL) 1Certificate of Material 1Beneficiary Certificate and Vendor Agreement 1Inspection Certificate Issued by Factory (or by Li & Fung Int’l if applicable)
1
Wearing Apparel Details Sheet 1Footwear Details Sheet (or Interim Footwear Invoice) 1
CPSC – Certificates of Compliance and test results
1
CARB Statement 1Preferential Trade Program Qualifying Statement (e.g. GSP, NAFTA), if applicable
1
Applicable Certificate (e.g. Certificate of Fumigation, etc.)
1
FCR (cargo receipt) – copy acceptable 1
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*Notes for Vendors:
1. To fill out the ISF data, please go to http://www.thekrogerco.com/docs/import-vendors/isf-form.xlsx?sfvrsn=0
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.
Who is responsible for ISF 10+2 Data?
2: The steamship line is responsible for the 2 container tracking reports.
1: 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.)
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.
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 likely be the factory name and address; for LCL shipments, this will be the name and address of the forwarder.
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.
D. Importer Security Filing (ISF/10+2)
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.
Kroger is committed to social responsibility and security in our supply chain because we value the trust of our customers, associates, and shareholders.
Factories producing direct import or corporate 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 Labor2. Forced & Compulsory Labor3. Health and Safety4. Freedom of Association& Right to Collective Bargaining5. Discrimination6. Disciplinary Practices7. Working Hours8. Remuneration9. Management Systems10. Environment
Each foreign factory that provides the last added value manufacturing, processing or packing step to a product for Kroger must complete the Kroger SGS audit.
Factories found to have severe violations during the audit will have existing orders postponed or cancelled. Any cases of bribery discovered during one of these audits will lead to an automatic one year suspension of that factory.
After the audit is completed, the factory will receive a corrective action plan. Please note that the corrective action plan will need to be completed within the designated time frame. Failure to complete the corrective action plan within this time frame can lead to postponed or cancelled orders.
For further information on the Kroger Social Compliance process, including how to complete an audit, please see the below link or e-mail [email protected].
http://www.thekrogerco.com/vendors-suppliers/corporate-social-responsibility
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E) Requirements on Social Compliance
The Kroger Company works with CTPAT 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 CTPAT audits include SGS, Bureau Veritas, and GSV. 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 CTPAT areas include:
1. Personal Security2. Storage & Distribution3. Physical Security4. Shipment Information Controls5. Records & Documentation6. Information Access Controls7. Contractor Controls8. Export Logistics
CTPAT audits must be emailed to [email protected] BEFORE cargo can be allowed to ship.
Click here to see the full CTPAT audit check list “Security Audit Checklist”http://www.thekrogerco.com/vendors-suppliers/import-vendors
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/documents/icp004r2_3.pdf
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F) Requirements on C-TPAT
G) Buying/Selling Agent
Who needs to meet this requirement?All shipments. This requirement is in 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/vendors-suppliers/import-vendors
8. For Children’s Textiles and Mattresses Manufactured after Nov 16, 2010, Flammability Testing/Certification issued by a 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).
For The Consumer Product Safety Improvement Act Overview and Important Points:http://www.thekrogerco.com/vendors-suppliers/import-vendors
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 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.
What qualifies as wood packing material?
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H) Requirements on General Certificate of Conformity
I) Requirements on Uniform Law Labels for Stuffed Articles
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
For more logo information, please read P20 of this PDF http://www.cbp.gov/linkhandler/cgov/trade/trade_outreach/wood_packaging_pp.ctt/wood_packaging_pp.pdf
2.
Button or “Coin” batteries inside equipment are exempt from hazardous materials regulations, and may be shipped without handling labels or
safety documentation
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J) Requirements for Wood Packing Material (WPM)WPM Includes
(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
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 wood fiberboard must meet formaldehyde emissions standards of the California Air Resources Board 93120” and label accordingly. Similar Federal Requirements are pending from the EPA under the Formaldehyde Standards for Composite Wood Products Act or Toxic Substances Control Act
K) 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.
Please contact the Department of Agriculture’s Pesticide Product Registration at 303-239-4181 or go to [email protected]
The shippable carton must meet the following requirements:
A handling label indicating that the package contains lithium ion cells or batteries. This label must:o Be at least 120 mm x 110 mm o Have a red striped border o Include a phone number for additional
information.o Indicate that the package shall be handled
with care and that a flammability hazard exists if the package is damaged
Each shipment must be accompanied by a shipping document with an indication that: “This shipment contains Lithium ion batteries. Do not damage or mishandle the packages. If package is damaged, flammability hazard may exist; batteries must be quarantined, inspected, and repacked.”
Air shipments must include a label with “Forbidden for Transport Aboard Passenger Aircraft”
Must be packaged to prevent accidental activation.
Cartons containing loose batteries (i.e. not in equipment or packaged with equipment) must be capable of withstanding a 1.2 m drop test without damage to the batteries, or shifting of contents so as to allow short-circuiting or spills.
Standard lithium batteries have a maximum <100 Wh for batteries or <20 Wh for ion cells. Large or powerful batteries over standard size require additional precautions. Int’l Logistics should be consulted in advance of shipments of product containing:
Batteries over 100Wh or ion cells over 20wh
Batteries over 5kg combined weight per shipment
More than two loose batteries per package
Hazard label and Statement images are located on the import vendor website.
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, 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.
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L) Warning Label Requirements for Items Containing Lithium Ion
Batteries
Must provide a statement showing “All products containing composite wood fiberboard must meet formaldehyde emissions standards of the California Air Resources Board 93120” and label accordingly. Similar Federal Requirements are pending from the EPA under the Formaldehyde Standards for Composite Wood Products Act or Toxic Substances Control Act
M) Warning Label Requirements for Toxic Chemical Containing Product
(if applicable)
The following articles of bedding, upholstered furniture, stuffed toys, stuffed decorative items, and any such articles containing hidden materials for sleeping, sitting resting or reclining purposes come under the scope of the Ohio Bedding and Upholstered Furniture regulations. The regulations require that vendors register, submit a sample of 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:CushionsToys & Dolls including decorative itemsInfant AccessoriesBedding & PillowsSport & LeisureUtility ItemsUpholstered FurnitureDual Sleeping FurnitureOther 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/downloadbooks/rental/2012bedding.pdf
For more information and clarifications, please go to, http://codes.ohio.gov/orc/3713
All merchandise must be marked with its country of origin to comply with US Customs rules:Unless excepted by law, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article, at the time of
importation into the Customs territory of the United States. Containers of articles excepted from marking shall be marked with the name of the country of origin, unless the container is also excepted from marking.
Any geographic words in product names or description (ex. California king sheet sets) must be in the same size text or smaller than the country of origin label, to avoid confusing the consumer.
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O) Country of Origin labeling
N) Register Required for Bedding, Upholstered Furniture, Stuffed Toys,
etc.
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.
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The Lacey Act combats trafficking illegal plants, fish and wildlife into the U.S.A. Most wooden articles require a Lacey Act declaration.
Plant and Plant Product
P) Requirements on Plant and Fish & Wildlife Products
Requirements for Plants & 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/lacey_act/downloads/declarationform.pdf
“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, and mollusks.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/3177-instructions.pdf
Required for the following goods. Shipper must fill out corresponding classification forms and submit directly to our broker at [email protected]
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Q) USC Classification Forms
Fish & Wildlife Product
Baskets & Wickerhttp://www.thekrogerco.com/docs/import-vendors/baskets-other-wicker-
items.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-kitchen-
tableware.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
General Use Glasswarehttp://www.thekrogerco.com/docs/import-vendors/general-use-
glassware.docx?sfvrsn=0
Small Wooden Boxeshttp://www.thekrogerco.com/docs/import-vendors/small-wooden-
boxes.docx?sfvrsn=0
Woven Shirtshttp://www.thekrogerco.com/docs/import-vendors/woven-shirts.docx?sfvrsn=0
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/knit-
shirt-t-shirt-sweater-type-garments.docx?sfvrsn=2
Lower Body Garmentshttp://www.thekrogerco.com/docs/import-vendors/lower-body-
garments.docx?sfvrsn=0
Towelshttp://www.thekrogerco.com/docs/import-vendors/towels.docx?sfvrsn=0
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1. Caution Label—Candles Add to the Beneficiary CertificateCertify 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 AppropriatenessAdd 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 UseAdd 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 only2. Not for Food Use3. 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”.
5. Certificate of Ingredients and Packing (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. Caution Label—Plastic Bag Warning
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R) 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.
Add to the Beneficiary Certificate:Certify that an appropriate caution label has been conspicuously printed on or securely attached to each applicable plastic bag.
Please note: The WARNING label must be repeated every 18 inches on the plastic bag
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)
Minimum Type Size
Less than 25 inches 10 point25 to 39 inches 14 point40 to 59 inches 18 point60 inches or more 24 pointDry cleaning bags 36 point
7. ClocksAdd to the Certificate of Material. For Clocks list the following:
Whether Clocks are an Alarm or Non Alarm Clock. Whether Clocks are Battery Operated or Electrical Clocks. Whether Batteries are included with the Battery Operated Clocks. Whether Clocks have Opto-Electric display or Manual Hands. Whether Clocks are a desk, wall or other type of clock.
Add to the Commercial Invoice:State that all Paint used is Free of Lead and that the Clocks meet the USA Consumer Protection Guidelines.
8. Certificate of Origin NAFTA used for MexicoProvide One (1) copy of Certificate of Origin issued by NAFTA.
9. Cosmetics Use W/FDA Certification
(e.g. Lotions, Creams, Colognes, Nail Polish, 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:
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WARNINGTo 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.
-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. Include 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. For example: AR1845.
-If items come in a set, include 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.
10. DishesAdd to the Certificate of Material:
1. Provide a breakdown of each component, including each item in the set, by price in USD and 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.
2. Specify the type of material (ex: Porcelain, China Course-Grained Earthenware, Course-Grained 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.4. Include on Commercial Invoice: FDA Facility Registration number or CCC Number
11. Faux Fur on Textiles Add to Commercial Invoice: certify that the products listed on the Invoice do not contain dog or cat fur.
12. FDA-Ceramic Eating Ware, Aluminum CookwareAdd to Commercial Invoice showing FDA Registration number or CCC Number, and complete Name and Address, of the Actual Overseas Manufacturer for each specific item
13. FCC: Radio Waves, Laser EmissionsAdd to Commercial Invoice:
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.
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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.
14. 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.
15. Hazardous Materials At the time of booking, you must indicate whether or not the cargo you are shipping is a hazardous material:
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 numberb. The classc. The packing group
*Notes for batteries:All included batteries must be mercury free. Products that contain batteries will include proper instructions and warnings.
16. 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.
17. Kiln Dried Certificate (Real Tree Parts) Alpine Christmas TreesCertificate 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.
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18. 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.
19. 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).
20. 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.
21. Wicker or Rattan Baskets & OtherFor 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.
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Fee Description $ 1,000 per PO: UPC violations, Hang Tag, Garment Labels, or any changes made to the import quote sheet after the PO has been issues
Fee Collection Kroger will deduct the amount due from any outstanding invoice. If there are monies due to 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.
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Kroger Import Order Payment TermsThere are only THREE methods of payment offered for any import order:
Bank of America offices will 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 is our primary
bank handling the processing of documents
submitted for either method of payment and
is the paying bank.
Payments and Charges
Letter of Credit (L/C)Handled exclusively by Bank of America Hong Kong.
Documentary Open AccountHandled exclusively by Bank of America Hong Kong. Not be confused with the standard OA, Wire Transfer, or Telegraphic Wire Transfer. The same document requirements stipulated on the LC are also required for the documentary open account processReduction in bank processing feesAcceptance for this method of payment is subject to approval. Vendor must show consistent compliance to all the Letter of Credit terms and conditions from previous transactions for at least 6 to 12 months.
Li & Fung Open AccountFor vendors represented by Li & Fung Sourcing
Non-Compliance Charge Backs
GENERAL INFORMATION & INSTRUCTIONS FOR THE LETTER OF CREDIT
Letters of credit are issued by beneficiary per season, with up to thirty purchase orders on one LC added in the order they are received.
The following documents are required: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 netweight 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 on 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 thegoods 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, or3. 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. GovernmentEnvironmental Protection Agency.2. Stating the actual Manufacturer(s) Name and Address and Shippers Name and Address for U.S. Customs purposes.
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Fee Description $1000 per PO: UPC Violations, Hang Tag, Garment Labels or any changes made to import quote sheet after the PO has been issued.
Fee CollectionKroger 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.
C. That merchandise was not manufactured with convict labor and/or indentured labor under penal sanctions, nor with illegal child labor, either employed inproduction or manufacture of the merchandise.
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 accordancewith the International Plant Protection Convention Standard ISPM Number 15. If the fumigation certificate is not applicable, Commercial Invoice as well asForwarders 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 Anti-Bribery 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 offenceunder 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 provecompliance 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 ifapplicable. If not applicable, commercial invoice must state – Product in this shipment does not contain composite fiberboard.
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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:
1. Date of Certificate Issuance2. Identification of the product covered by the certificate.3. Citation to each CPSC product safety regulation (i.e., standard or ban) for which the product is being certified.4. Identification of the U.S. importer Fred Meyer Inc. DBA Kroger 3800 S.E. 22nd Ave., Portland, Oregon 972025. Identification of the individual maintaining test records in support of the certificate.6. Date (month and year) and place (city, state, country or admin. region) where this product was manufactured.7. Date and place (city, state, country or admin. region) where this product was tested for compliance with the regulation(s) cited. Include Test Report number.8. Identification of any third-party laboratory on whose testing the certificate depends (name, address and phone number).9. For Adult and Children’s products identified by CPSC to require a Certificate of Conformity, we now require actual third-party test reports to accompany the Certificate of Conformity submission. Tests are required to be completed by CPSC approved laboratories.
If a Certificate of Conformity is not applicable for this shipment, Commercial Invoice must state “U.S. consumer products safety improvement act of 2008 not applicable for this shipment.”
Please Note: A General Certificate of Conformity (GCC) is applicable to both Adult and Children’s Products. For guidance on GCC or Kroger’s product requirements, please contact [email protected].
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OTHER TERMS AND CONDITIONS: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 willresult 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 youwill be required to fill out the U.S. Department of Agriculture Animal and Plant health Inspection Service (APHIS) form. If not applicable, statement onCommercial 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”
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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 43700lbs02/26/2014 – 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 43700lbs03/14/2014 - 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 manual09/04/2014 – 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)07/22/2015- Removed “for children’s products regarding GCC information (pg 36)11/02/2015- 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)01/08/2016- Updated carton marking requirements to 2 sides, instead of 4. (SB)02/09/2016- Updated Cargo Booking with UPS page to request Factory information under item #B1 (SB)03/10/2016- Numerous formatting and grammar changes, updated labeling requirements (SB)04/06/2016- Changed carton label requirement to two opposite sides (SB)04/26/2016- Added country of origin product marking rules (SB)05/26/2016- Added “last updated” to table of contents (SB)06/22/2016- Added SOLAS requirements to p.13 and table of contents (SB)07/05/2016- Updated Social Compliance page with new information from Randi Ponce (SB)04/12/2017- Updated department roster to add Patricia, remove Jordan F and Dennis G (SB)10/20/2017- Updated contacts, small updates and error corrections throughout, updated GCC section (SB)
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