CPSC eFiling Presentation Public

CPSC at Imports

Certificate Requirements, eFiling, and 1USG Notifications

Arthur Łaciak
eFiling Program Specialist
Office of Import Surveillance

 

What Must be Certified?

• •Any product that is subject to a consumer product safety rule, ban, similar rule, standard, or regulation, and which is imported for consumption or warehousing, or distributed in commerce must be certified.  

• •Certification is the responsibility of the importer; however, importers and manufacturers should have a clear understanding of exactly which standards need to be met. 

• •Foreign manufacturers/suppliers should insist on a list of which mandatory and consensus standards apply. 

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• •Children's Product Certificate (CPC) -  the manufacturer or importer certifies that its children's product complies with all applicable children's product safety rules (bans, standards, similar rules, or regulations).
  https://www.cpsc.gov/Testing-Certification/Childrens-Product-Certificate-CPC 

• •General Certificate of Conformity (GCC) – the manufacturer or importer that its general use product (non-children’s product) comply with all appliable consumer product safety rules. 
  https://www.cpsc.gov/Business--Manufacturing/Testing-Certification/General-Certificate-of-Conformity-GCC 

Types of Certificates

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Products Requiring a Children’s Product Certificate			Products Requiring a General Certificate of Conformity
Children’s Products:    ASTM F-963    Lead Paint    Lead Content     Small parts    Phthalates (child care) ATVs (Youth) Activity Centers Baby Changing Products Bassinets and Cradles Bedside Sleepers Bicycles (Youth) Bicycle Helmets (Youth) Bouncer Seats Booster Seats Bunk Beds Carpets and Rugs Children's Furniture Children’s Folding Chairs and Stools Clacker Balls Clothing & General Wearing Apparel Cribs  Dive Sticks Electrically Operated Toys/Articles	Hand-held Infant Carriers Highchairs Frame Child Carriers Gates and Enclosures Infant Bath Seats Infant Swings Infant Walkers Mattresses – Crib and Youth Size (open Flame) Mattresses – Crib and Youth Size (smoldering) Pacifiers  Paint and surface coatings Play Yards Portable Bed Rails Portable Hook-On Chairs Rattles Sleepwear sizes 0-6X Sleepwear sizes 7-14 Sling Carriers Small Parts Soft Infant and Toddler Carriers Toddler Beds Toys Toys with Magnets Wearing Apparel – Children’s Vinyl Plastic Film in Children’s Apparel		Architectural Glazing Artificial Emberizing Materials* ATVs  Bicycles Bicycle Helmets Bunk Beds Candles with Metal Wicks Carpets and Rugs CB Antennas Cellulose Insulation Cigarette Lighters Contact Adhesives Consumer Patching       Compounds* Drywall Fireworks Garage Door Openers Inclined Infant Sleep Products*	Lawnmowers Lawn Darts* Matchbooks Mattresses (open Flame) Mattresses (smoldering) Metal Candle Wicks* Multi-purpose Lighters Paint and Similar Surface Coatings* Packaging Subject to the Poison Prevention Packaging Act Portable Gas Containers Pool and Spa Drain Covers Refuse Bins* Refrigerator Doors Swimming Pool Slides  Vinyl Plastic Film Wearing Apparel (Flammability) *Products subject to ban Updated 9/2/2022

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Certificates Must include

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What is eFiling?

eFiling is a CPSC initiative to enable importers of regulated consumer products to file electronically (eFile) with U.S. Customs and Border Protection (CBP) certain data elements from a certificate of compliance, via a Partner Government Agency (PGA) Message Set.

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Currently, CPSC only asks for certificate data once a product has been identified for exam and, therefore, cannot use certificate data in its risk assessment and targeting in advance of a shipment arriving. Once rulemaking is completed, importers of regulated consumer products will electronically file certain certificate of compliance data elements with CPSC via the PGA Message Set at Entry, or at Entry Summary if both     Entry and Entry Summary are filed together. 

Why eFiling?

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History

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Alpha Pilot Results

• •Participants indicated required data was relatively easy to gather. 

• •Data successfully integrated into RAM. 

• •Product Registry reduced the burden and time of filing. 

For more information, please read through the Staff Briefing Package.

https://cpsc.gov/s3fs-public/CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf?BYXOLX2gJmF4NaAN1LCMmqiXRISuaRkr=

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For more information, please read through the Staff Briefing Package.

https://cpsc.gov/s3fs-public/CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf?BYXOLX2gJmF4NaAN1LCMmqiXRISuaRkr=

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For more information, please read through the Staff Briefing Package.

https://cpsc.gov/s3fs-public/CPSC-Plan-to-Create-an-eFiling-Program-for-Imported-Consumer-Products.pdf?BYXOLX2gJmF4NaAN1LCMmqiXRISuaRkr=

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• •CPSC will conduct a Beta Pilot test, in conjunction with CBP, scheduled to begin in fall 2023. 

• •The Beta Pilot test will include up to 50 volunteer participants, allowing for more entry lines than the Alpha Pilot test and for CPSC to develop, test, and implement processes and procedures for an eFiling requirement for imported, regulated consumer products. 

What is the Beta Pilot?

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Timeline

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PGA Message Set Development

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CPSC expects industry to experience improvements in risk assessment, enforcement, and trade facilitation, because the agency will be better able to incorporate the presence or lack of a certificate, as well as the data elements provided, into CPSC’s targeting algorithms. Risk scores will decrease for importers who electronically file valid data elements, resulting in fewer examinations of their cargo at the port.

How will industry benefit?

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• •Email your interest to [email protected], including your Importer of Record number and products you primarily import. 

• •Brokers, software developers, and labs are able to participate, but ideally would do so in collaboration with an importer. 

• •CPSC is seeking a subset of 9 volunteers to
  participate in advising the IT development. 

• •Visit www.cpsc.gov/eFiling for more information. 

Participation in the Beta Pilot

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1USG Notifications
via ACE

• •CPSC and CBP are modernizing the exchange of messages to coordinate the exam process. 

• • •Automates the notification using ACE protocols and CBP messaging structures. 

  • •Allows CPSC the necessary time to indicate that an examination is required.         

  • •May delay the notification of a 1USG release for these products. 

• • • •Does not impact the flow of goods through the border, unless CPSC determines that an intensive examination is required at the port. 

  • •The HTS codes for product groupings affected are listed in guidance on our website – www.cpsc.gov/imports.  

 

• •Filer receives an “Under Review” message from ACE signifying that CPSC is electronically reviewing that entry. 

• • •At the same time, CPSC will receive notification of an incoming product of interest. 

• •If, after review, CPSC determines that a shipment requires examination, either at the port or at the importer’s premises, trade will receive additional messaging through ACE. 

• •If, after review, no such determination is made, a “May Proceed” will be sent by CPSC through ACE to the trade. 

Methods Message Flow

 

• •The vast majority of shipments will receive a “May Proceed” message. They will be automated system-to-system messages. 

• •During their review, CPSC staff co‐located at the ports, or in coordination with CBP, can signal an intent to examine through either a: 

• • •Hold Intact Notice,  

  • •Document Review (a type of Hold Intact),  

  • •Intensive Exam Request,  

  • •Documents Required Request (a type of Intensive Exam). 

Methods

 

Automated Clock

Entry Filed:	3 or more Business Days Before Est. Date of Arrival	3 or more Business Days Before Actual Arrival	Fewer than 3 Business Days Before Actual Arrival
Entity with:	Compliant CPSC History	Unknown or Poor CPSC Compliance History	Unknown or Poor CPSC Compliance History, OR Entry has additional risk factors
Air and Truck	8 Business Hours after Entry is Filed	5 Minutes after Actual Arrival event message received	8 Business Hours after the latter of Actual Arrival or CPSC receiving the Entry
Ocean	16 Business Hours after Entry is Filed	5 Minutes after Actual Arrival event message received	16 Business Hours after the latter of Actual Arrival or CPSC receiving the Entry
Other	Not Subject to CPSC 1USG

 

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