CPSC Expands Import Documentation Requirements  

(October 31, 2008)  

Effective November 12, 2008, the Consumer Product Safety Commission (CPSC) will substantially increase the range of products requiring testing and general conformity certifications.  This is due to the recent enactment of the Consumer Product Safety Improvement Act of 2008 (CPSIA).  Each manufacturer, including private labelers and importers, must issue a compliance certificate for any merchandise subject to a product safety rule, ban, regulation or standard enforced by CPSC.  This is necessary whether the items are imported for consumption, warehousing, or distribution into commerce.  These requirements do not only encompass children’s items; they also affect jewelry, sporting goods, fabrics, wearing apparel, refrigerators, furniture, hazardous materials, paint, child-resistant caps, ATVs, etc.  If an item is exempt under any of the CPSC acts, testing and certifications are not required.  In addition, any products following voluntary standards are also exempt.  A list of CPSC regulated products can be found at: http://www.cpsc.gov/businfo/reg1.html  

An importer can create their certification based upon the manufacturer’s testing, provided that the test records are in English, the importer is a resident of the , or has a resident agent.  These testing records must be maintained for three years.   

General conformity certificates must include the following:

‘‘(A) shall certify, based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product under this Act or any other Act enforced by the Commission; and  

‘‘(B) shall specify each such rule, ban, standard, or regulation applicable to the product.’’  

For a sample conformity certification, instructions for completing a certificate, and FAQ’s, please go to: http://www.cpsc.gov/about/cpsia/faq/elecertfaq.pdf  

All conformity certificates must accompany each product or shipment and must be furnished to each retailer or distributor of the product.  In addition, a copy of the certificate must be made available to CPSC and U.S. Customs and Border Protection (CBP) upon request.  The certificate can be presented in either an electronic or paper format and it does not have to be signed.  In the event that a certificate is not available upon request, or if a false certificate is provided, the shipment shall be refused admission into the U.S. and will be destroyed at the owner or consignee’s expense.  The only exception to destruction is when the Secretary of Treasury permits export.    If the expenses are not paid, a lien against the same owner or consignee will be applied to future shipments and civil penalties could be issued.  

Recently, CBP and CPSC have partnered with the Importer Self-Assessment Product Safety pilot program.  This program provides recognition and support to participating companies that strive to maintain a high level of product safety compliance.  Also, along with the benefits provided by CBP to Importer Self-Assessment (ISA) members, CPSC identifies other benefits including front-of-the-line testing, reduction of testing and access to CPSC specific training.  This program is open to all importers currently enrolled in an ISA through CBP.  

In addition to general conformity certificates, children’s products will now be subject to third party testing.  This requirement will be fully phased in by October 2, 2009.  

The Federal Hazardous Substances Act (FHSA), Refrigerator Safety Act (RSA), Flammable Fabrics Act (FFA), Poison Prevention Packaging Act (PPPA) and the Virginia Graeme Baker Pool and Spa Safety Act (Pool and Spa Safety Act) were also amended.  

·        For full details on the Consumer Products Safety Improvement Act (CPSIA) and the changes to the Consumer CPSA, RSA, FHSA, FFA, PPPA and the Pool and Spa Safety Act, please see: http://www.cpsc.gov/about/cpsia/cpsia.html   

·         More FAQ’s can be found at: http://www.cpsc.gov/about/cpsia/faq/faq.pdf  

·         To find presentations outlining the General Conformity Certifications, Laboratory Certifications, and Third Party Testing for Children’s Products, please go to: http://www.cpsc.gov/about/cpsia/testing.html   

·         Full text of CPSIA requirements can be found at: http://www.cpsc.gov/cpsia.pdf  

·        For the Federal Register on the Importer Self-Assessment Product Safety Pilot, please go to: http://edocket.access.gpo.gov/2008/pdf/E8-25551.pdf 
 

Please contact your Deringer representative for any further assistance.  To determine if your products fall under the new requirements, please seek legal counsel or speak to a trade consultant.  

About Deringer  

A.N. Deringer, Inc. is a leading provider of international logistics services including International Freight Forwarding, Warehousing & Distribution, Customs Brokerage, Logistics Consulting, Cargo Insurance, and Meat Inspection. Deringer combines over 30 offices with a global agency network to facilitate the movement of cargo throughout the world.