U.S. Consumer Product Safety Commission (CPSC), in conjunction with CBP, is expanding the roll out of Two Way Messaging to all commercial brokers on March 22, 2021. All products within their jurisdiction will be marked for review.
The CPSC has been upgraded to a participating government agency (PGA), participating in customs declaration, and adding new regulations: even if the imported goods pass the declaration, if the CPSC does not release, they can’t be sold and can only be backlogged in the warehouse.
The notice shows that all cargo entering the United States that is transported by air, truck or sea will be marked for review. If there are related products, it is recommended to prepare related documents in advance, such as CPC inspection reports, etc.
The below product categories will be covered:
- Children’s Products:
- Art Sets
- Toys
- Pacifiers and Rattles
- Backpacks and School Supplies
- Clothing:
- Sleepwear
- Outerwear
- Infant articles
- Imitation Jewelry
- Cribs
- Other Durable Furniture
- Safety Gates
- Fireworks
- Liquid Nicotine
- Drywall
- Mattresses
- Bicycle Helmets
- Generators
- Batteries
- Hair Dryers
- Power Cords
- Bicycles and other electric‐powered cycles
- Baby Carriages
- Holiday Lights
- Lighters
- Rugs
- Pellet Stoves
- Potentially Flammable Adult Clothing Articles, including Scarves
What is the U.S. Consumer Product Safety Commission?
CPSC is an independent federal regulatory agency formed in 1972 with a mission to protect the public against unreasonable risks of injury or death from consumer products through education, safety standards activities, regulation, and enforcement. They work to ensure the safety of consumers every day.
What’s Children’s Product Certificate (CPC)?
Manufacturers and importers of children’s products (Consumer products designed primarily for children 12 years and younger) must certify, in a written Children’s Product Certificate (CPC) based on test results from a CPSC-accepted laboratory, that their children’s products comply with applicable children’s product safety rules. The CPC and supporting test reports must be in English.
Who must issue the Children's Product Certificate?
The manufacturer or importer is responsible for drafting and issuing the CPC. The manufacturer or importer may draft the CPC by itself, at no cost, based upon the passing test results of the third party testing.
Importers must issue the CPC for products manufactured overseas, and the U.S. manufacturers must issue the CPC for products manufactured domestically.
The manufacturer or importer of a children's product that is subject to children's product safety rules or other standards is always legally responsible for issuing a CPC, even if a third party testing laboratory or another third party provides assistance in drafting the CPC.
Elements Required in a CPC
- Identification of the product covered by this certificate;
- Citation to each CPSC children’s product safety rule to which this product is being certified;
- Identification of the importer or domestic manufacturer certifying compliance of the product, including the name, full mailing address, and telephone number of the importer or U.S. domestic manufacturer certifying the product;
- Contact information of the individual maintaining records of test results, including the name, full mailing address, e-mail address, and telephone number of the person maintaining test records in support of the certification;
- Date and place where this product was manufactured;
- The date(s) and place when the product was tested for compliance with the consumer product safety rule(s) cited above;
- Identify the third party, CPSC-accepted where this product was tested by an accredited laboratory (accepted by the CPSC) for compliance with the regulation(s) cited above.
CIRS C&K Testing, a third-party testing laboratory accredited by the US Consumer Product Safety Commission (CPSC), can provide one-stop solutions for children’s products CPC certification.
CPSC Detention of Products at Import FAQ
Q: Why is CPSC going to issue Notices of Detention?
A: CPSC has the authority to determine the admissibility of consumer products and some hazardous substances offered for import. Accordingly, if it is necessary to detain a product in order to determine its admissibility into the United States, CPSC is best situated to control that process. Issuance of Notices of Detention by CPSC will eliminate CBP as the information conduit in the admissibility process and will allow the importer and/or his broker to deal directly with CPSC.
Q: When will CPSC staff begin issuing detention notices?
A: June 14th, 2010.
Q: What information will the Notice of Detention contain?
A: All information relevant to the detention will be included on the notice, including the reason for the detention, and the contact information for the CPSC Investigator responsible for processing the detention.
Q: Who will receive the Notice of Detention?
A. Notices of Detention will be sent to the importer of record and the Customs broker handling the transaction. CBP will receive copies of all Notices of Detention.
Q: Will CPSC take custody of the detained products?
A: No. Any products detained by CPSC will continue to be held in a bonded facility regulated by CBP.
Q: As the importer of the detained product or broker handling the transaction, may I present information to support the admissibility of the product?
A: Yes, the importer and/or broker are encouraged to submit any reasonable testing results or other evidence that would support the admissibility of the detained product. The Notice of Detention will allow 5 working days for the recipient to respond. Reasonable extensions of time to produce necessary evidence will be allowed under certain circumstances. CPSC is seeking to receive a quick response from the importer and/or broker in order to expedite resolution of the detention.
Q: If CPSC detains merchandise, will the remainder of the shipment that does not contain detained product be released?
A: CPSC only detains products described in the Notice of Detention. The importer and/or his broker should contact CBP if it wishes to obtain release of remaining products in the shipment.
Q: Will there be constructive detentions?
A: No. Products will not be constructively detained at the importer’s premises.
Q: How long will detentions last?
A: CPSC will try to make admissibility decisions on products within 30 days of detention.
Q: Will CPSC allow merchandise to be conditionally released in lieu of detention?
A: Yes. There will be situations where CPSC will allow merchandise under examination to be moved to the importer’s premises or other place agreeable to CPSC and CBP pending the results of the examination. Any such release will be a conditional release and must occur under CBP bond.
Q: If my product is conditionally released, how long will the conditional release period last?
A: CPSC will notify the importer of the length of the conditional release period on a case by case basis, although the typical timeframe will be 30 days. Individual circumstances concerning the type of product and the complexity of examination will be taken into account.
Q: Can I export or destroy the merchandise prior to CPSC making a decision as to admissibility?
A: CPSC may allow this on a case-by-case basis. Contact the CPSC Investigator processing the detention for further information if that is an outcome that you would choose.
Q: May I request a hearing under Administrative Procedure Act rules?
A: Unless the product is detained under the Federal Hazardous Substances Act, the Poison Prevention Packaging Act, or the Federal Food, Drug and Cosmetic Act, in lieu of submission of evidence to the CPSC officer, you may request a full hearing before an administrative law judge. If you choose this option, there will be considerable delay in the detention and the merchandise will continue to be held at your risk and expense.
Q: Are CPSC detentions subject to protest?
A: No. CPSC detention decisions are not made pursuant to 19 USC 1499 and are not subject to protest.
Q: If a shipment is detained by both CBP and CPSC under separate authorities, will an importer receive notices from both agencies?
A: Yes. CPSC and CBP will send separate notices of detention. However, the CBP detention will be resolved first. If CBP seizes the product under its authority, the CPSC detention will end. If CBP finds no violation and releases the product from its detention, the product will not be released to the importer until the CPSC detention is resolved.
Q: By what means does CPSC anticipate communicating a notice of detention?
A: Email is preferred, if available on the entry documents. Express mail or fax may also be used. We prefer not to send anything via regular mail.
Q: Will there be an ABI message that indicates to the broker that the entry is being held for CPSC exam?
A: Not at this time. This functionality will be incorporated in ACE as part of the cargo release process per the CBP Concept of Operations.
CIRS C&K Testing is a subsidiary company established by CIRS Group to promote the rapid development of the group's testing business. It has grown into a professional, comprehensive, and international independent third-party testing organization. The company advocates the concept of "healthy life" and professionally develops product testing services, involving food and related products, cosmetics, environment, consumer products, industrial products, chemicals and other fields.
At present, CIRS C&K Testing has established branches in Ireland, the United States, South Korea, the United Kingdom, Beijing, Nanjing and other places. It is using international sites to serve global customers, helping companies to confirm product information, quality and safety, avoid international trade barriers, and enhance brand competitiveness.
CIRS C&K Testing Laboratories established a laboratory management system in accordance with ISO/IEC 17025 and continuing to operate effectively. Many laboratories are equipped with Agilent Gas Chromatography Mass Spectrometer (GC-MS), Shimadzu High Performance Liquid Chromatograph, Ultraviolet/infrared spectrophotometer, Atomic Absorption Spectrometer, Platinum Elmer Inductively Coupled Plasma Emission Spectrometer (ICP), X-ray Energy Dispersive Spectrometer (EDX), Anton Paar Microwave Digestion Apparatus and other advanced testing instruments and equipment, Relying on advanced facilities and entrepreneurial spirit that demanding specialty and strong technical strength, CIRS C&K Testing continues to innovate itself, participates in the drafting of national standards and has a number of laboratory technology patents.
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